All companies in the U.S. are subject to an enormous number of regulations that affect each company and its employees on a daily basis. The web of regulations is made even more complex when the company employs workers who are not U.S. citizens. Both the U.S. Department of Labor and the U.S. Department of Homeland Security impose their own sets of laws on companies governing when non-U.S. citizens may work in the U.S., the specific terms of that employment, whether employment authorization for these workers terminates when the company undergoes restructuring, and when and what information must be provided to the government about those workers. In addition, many states have begun passing their own laws regulating various aspects of the employment of foreign workers.
Penalties imposed by government agencies for violation of these many laws have increased over the years and companies face significant fines if they fail to strictly comply with these requirements. The U.S. Department of Labor and U.S. Immigration and Customs Enforcement have increased the frequency of on-site visits to companies to ensure companies are complying with the regulations, and auditing the companies’ records to ensure proper documentation is being created and maintained. Further, depending upon the severity of the violation, company officers and human resource workers could face criminal liability, including imprisonment.
Our office can assist your company with its corporate immigration compliance needs, such as:
- Form I-9 verification
- Form I-9 best practices and form auditing
- Understanding immigration consequences of mergers, acquisitions, and other corporate restructuring
- Preparing for and responding to U.S. Immigration and Customs Enforcement and U.S. Department of Labor on-site visits and subpoenas
- Document retention policies
Please contact our office for these or any other corporate immigration related matters.