Employers today are facing a challenging immigration enforcement environment and are at greater risk for non-compliance. It is difficult to apply current immigration regulations to a post-pandemic workforce that has changed the traditional views of employment. Now more than ever, it is vital that businesses review their internal immigration policies and processes, internal audit procedures, and training. Businesses should be working closely with experienced immigration attorneys to avoid exposure.

Form I-9 Compliance

All employers are required to use Form I-9 ("I-9″) to verify the identity and employment of all individuals hired for employment in the United States. The Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from knowingly hiring, recruiting or referring for a fee any alien who is unauthorized to work. Employers are required to retain and make the I-9 available for U.S. Immigration and Customs Enforcement ("ICE") inspectors when required and avoid discriminating against applications and employees on the basis of national origin or citizenship. ICE may impose monetary penalties for violations.