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Practice Areas
I-9 Compliance and Audits
Immigration Law Group LLP will conduct on-site I-9 audits of employment authorization verification documents. I-9 audits will consist of reviewing all I-9 forms and records and making all corrections possible. I-9 audits will also consist of looking for any potential violations of unfair employment practices in requests for I-9 documents.
Immigration Law Group LLP will also conduct on-site I-9 trainings of human resource personnel and managers. Trainings will cover I-9 record keeping and review of documents, how to document H-1B portability issues, what to do while waiting for the USCIS to process EADs (employment authorization documents) and EAD extensions, and I-9 updating and re-verification.
I-9s must be updated and re-verified whenever an employee's work authorization changes. I-9 re-verification is required if an employee gets an H-1B extension, applies for permanent residence and gets an EAD (employment authorization document), renews an EAD, is approved for legal permanent residence and gets their passport stamped, receives their green card, or becomes naturalized as a U.S. citizen. I-9 updating is also necessary if the documents used for I-9 purposes have expired.
Three different federal agencies can investigate I-9 records. The USCIS has jurisdiction over enforcement of I-9 paperwork violations and knowingly hiring unauthorized workers. The U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) has jurisdiction over unfair employment practices and discrimination. The U.S. Department of Labor has jurisdiction to review I-9 documents in relation to any labor law or H-1B related violations.
Fines can be extensive, even if a company only has paperwork violations. Employers can be fined $1,000 per I-9 paperwork violation and up to $10,000 per employee for unlawful discrimination (asking for specific documents) or knowingly employing unauthorized workers. Accepting fraudulent documents can incur a fine of up to $5,000 per document accepted, and can also evidence knowingly hiring unauthorized workers. Back pay penalties can be assessed in certain instances as well. Disney Corporation was fined over a quarter of a million dollars for I-9 paperwork violations. Denny's Restaurants Inc. paid fines and retrained managers after the U.S. Department of Justice's Office of Special Counsel conducted an extensive 18 month investigation. The investigation was initiated due to reports that managers at Denny's were requesting specific types of documents from potential employees for I-9 forms. The Immigration Reform and Control Act prohibits employers from asking for specific types of documents from potential employees. This is viewed by the OSC as unlawful discrimination and can result in harsh fines and penalties.
Immigration Law Group LLP will also represent companies that are being investigated by the USCIS for I-9 violations. Please contact us immediately upon hearing from the USCIS .
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