Four Common Employer Mistakes Concerning Immigration

Whether you are an employee or an employer, the process of employer and employee compliance is complicated. As an immigrant, it is your responsibility to ensure your business is following proper procedure. In order for employers to retain their non-immigrant visa employees, they must avoid the common employer mistakes concerning immigration.

At any time the Department of Homeland Security may issue a Notice of Inspection (NOI), which allows ICE to audit all I-9 hiring records. Therefore, it is imperative that mistakes are not left uncorrected. Otherwise, the mistake could result in penalties for an employer and a deportation for the employee.

4 Common Mistakes Made by Employers on Immigration Documentation

  1. Not Requiring the I-9 Form: All companies must comply with IRCA regulations, which include the completion of the I-9. If you are an employer and you do not use the I-9 form, you could be cited for paperwork violations or worse, charged with knowingly hiring an illegal alien.
  2. Not Keeping Copies of Verification Documents: For foreign-born employees or immigrants, you are required to maintain copies of all verification documents. Failure to do so could make you liable for a multitude of lawsuits and federal penalties.
  3. Reverifying Expiring Immigration Information: You are required under the IRCA to reverify each employee’s I-9 if they have checked the box indicating that they are working under a visa with an expiration date. If you do not reverify that they have renewed their visa, you are in violation of IRCA. As an immigrant worker, it is your responsibility to follow expiration dates, request extensions, and furnish those copies for re-verification with your employer.
  4. Minor Details of the I-9 Form: It is common for employers to omit or skip steps in the I-9 form, such as ensuring the employee marks the correct boxes on the form, that the employee signs the form in the appropriate section, and that the documents for verification match those required in the appropriate column.

If you have questions about immigration documentation, or you are an employer with questions about the I-9 form, or you would like to conduct a self-audit of your current I-9 forms to ensure you are in compliance, the immigration attorneys at Udall Shumway, PLC can assist you. Speak with a lawyer regarding your immigration issues, compliance citations, and more today.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Common Employer Mistakes Concerning Immigration, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.