With the government's current focus on increased immigration enforcement, it is more important than ever for employers to fully comply with all relevant immigration laws. At Klasko Immigration Law Partners, LLP, our experienced business immigration lawyers and team of professionals assist businesses around the country in preparing corporate policies and programs to ensure full compliance with federal laws and regulations, as well as the increasing volume of state worksite enforcement laws. We also represent employers who face audits, investigations and enforcement-related litigation.
Employers face increased enforcement efforts and a bewildering array of federal and state regulations governing employment verification. These enforcement efforts frequently result in significant civil fines and criminal penalties.
The Immigration Reform and Control Act of 1986 requires employers to comply with the Employment Eligibility Verification Form I-9. Compliance is imperative but can be complicated. We advise and assist employers on all aspects of I-9 compliance.
E-Verify is a web-based system for electronic employment eligibility verification. There is an ever-changing patchwork of Federal and State laws requiring E-Verify registration. We work with employers to determine whether they are required to register, and assist in registration, training and use of the system for full compliance.
Social Security No-Match Letters
The Social Security Administration (“SSA”) No-Match Letters are issued to inform employers that employee information provided on the Form W-2 (Wage and Tax Statement) does not match SSA records. The government takes the position that these letters may constitute knowledge that these employees are not authorized to work in the U.S. In order to avoid liability for unlawful employment, employers must develop compliance programs, and respond appropriately to these letters.
H-1B Labor Condition Application Compliance
As part of the H-1B process, employers are required to maintain public access files, which include the Labor Condition Applications (“LCA”) and documentation supporting attestations to the Department of Labor regarding working conditions, wages and employment terms. Employers are now facing increased LCA audits, which can result in significant fines, debarment, and in some cases criminal prosecution.