Fairfax Immigration Lawyer for I-9 Compliance

Federal laws place the burden of I-9 compliance on employers. These companies must take care to authenticate documentation that an employee provides. A failure to do so can result in fines for a company or even criminal charges of illegally harboring non-residents.

A Fairfax immigration lawyer with I-9 compliance experience may be able to help companies fulfill their obligations under the I-9 program. An experienced immigration attorney could work to complete all relevant paperwork and to answer questions regarding the authenticity of employee-provided documents.

Federal Laws Regarding the Ability of Non-Citizens to Work

Employers in the United States are free to hire who they want to fill positions. However, this concept only goes so far in that applicants must first have authorization to work in the U.S. For U.S. citizens, this right is part of being born or naturalized into the country. For others, this involves obtaining permission from the government to take a job. People living in the U.S. under asylum (pending or approved), as refugees, or student visas, among others, must all file Form I-765 to seek employment.

The burden lies on employers to verify that their workers are qualified to seek employment under federal law. Specifically, 8 U.S.C. § 1324a (b) requires every employer in the country to verify a person’s status as a U.S. citizen or as an authorized worker. Failure to meet this burden can lead to substantial fines. A Fairfax immigration lawyer with I-9 compliance experience could help provide more insight into the legal background of I-9 compliance.

The I-9 Form as a Means of Authenticating the Right to Work

While federal laws place a burden on employers to authenticate the right to work, they also provide an efficient way to accomplish this task. Form I-9 is the standardized form that all employers must complete for each employee. This form lists the acceptable means for workers to claim the right to work and provides instructions for employers to keep this information on file.

The documents that can establish the right to work will vary based on a person’s immigration status. Government-issued documents such as passports are definitive proof of U.S. citizenship. Applicants may also provide a combination of a driver’s license and a Social Security card. For non-citizens, it is necessary to provide a copy of Form I-766, the employment authorization card.

An employer must take appropriate steps to ensure the authenticity of these documents. This involves examining each document on its face for accuracy and to spot any obvious counterfeits. It is understandable that many employers may lack the expertise to spot fakes or to know what to do with completed I-9 forms. A Fairfax immigration attorney with I-9 compliance experience could help businesses complete their required I-9 certifications in line with federal law.

A Fairfax Immigration Attorney with I-9 Compliance Experience Could Help

A major part of doing business involves compliance with all federal regulations. Taking proper steps to ensure that employees have the right to work is central to this responsibility. The I-9 form provides specific instructions on how to accomplish this goal.

Even so, questions concerning the obligations of employers are common, and a failure to comply with federal law carries civil penalties with the possibility of criminal prosecution. A Fairfax immigration lawyer with I-9 compliance experience can help companies comply with all federal employment laws. They can work to evaluate your responsibilities under the I-9 program and to answer questions concerning the authenticity of employee-provided documents. Contact a Fairfax immigration lawyer with I-9 compliance experience today to schedule an appointment.