Maryland I-9 Compliance Lawyer
One central tenet of United States immigration and employment law is that employers can only hire people legally authorized to work in the United States. A failure to do so can result in monetary penalties ranging from hundreds to thousands of dollars per violation.
Obtaining the correct employment information to complete a proper I-9 form is critical to effective business. Therefore, it is vital to understand how I-9 forms work, what documents satisfy the reporting requirements, and how to avoid any legal entanglements.
A Maryland I-9 compliance lawyer could help businesses to better understand the I-9 requirements and to help during any allegations of employment violation accusations regarding their employees’ right to work. Reach out to a dedicated immigration attorney today and set up a consultation.
Federal Laws Regarding the Ability to Work
Employers in the United States are not free to hire any person that they see fit. This is because only citizens of the United States, lawful permanent residents (Green Card holders), or those with employment authorization granted by the U.S. Department of Homeland Security (DHS) are able to obtain employment. Those granted authorization by the (DHS)can include people living in the U.S. under asylum, as refugees, or even under student visas. In order to acquire authorization from the DHS, these individuals must file Form I-765 to be able to seek employment.
The law is strict when dealing with disqualified job seekers and businesses who hire unauthorized workers. Undocumented persons or even those with legal status who attempt to find employment without prior authorization can face consequences as a result. These consequences can be removal (deportation) or cancelation of their visa.
Businesses who knowingly hire people without proper documentation can face fines of thousands of dollars in any resulting prosecution. 8 U.S.C. § 1324a (b) requires all employers to verify the right of their employees to work. Congress has created a simple way for employers to verify their employees’ right to work.
The Role of the I-9 Form
Employers must use Form I-9 to verify the work eligibility of all potential employees. Both the worker and the company must take steps to ensure that they correctly complete this form. The worker needs to provide proof of their eligibility to work.
For many citizens, this can include a U.S. passport, or a driver’s license and a Social Security card. Non-citizens can provide a copy of their Form I-766 (employment authorization document or work permit) that authorizes them to work or a copy of their lawful permanent resident card (Green Card).
A Maryland I-9 compliance lawyer could help individuals to better understand the documentation requirements of Form I-9.
The employer also has responsibilities to complete Form I-9. As stated above, all employers have a duty to ensure that all employees are eligible to work. As such, when a potential employee presents their documents to establish their eligibility to work, the employer must examine them for authenticity.
While a business cannot be expected to spot every counterfeit item, they must take reasonable steps to examine each item and make a good faith determination of its veracity.
An I-9 compliance attorney in Maryland could work with businesses to help them understand their duties under the law and how to accurately identify valid employment documentation.
A Maryland I-9 Compliance Lawyer Can Help You to Complete the Required Employment Paperwork
It is a central tenet of federal immigration and employment law that only U.S. citizens, lawful permanent residents (Green Card holders), or authorized non-citizens can work. To verify this, the government has created Form I-9 to check the employment eligibility of all potential workers.
An employee must provide proof of their eligibility, often a U.S. passport or a permanent resident card. The employer also has a responsibility to check these documents for counterfeits and to only accept them if they appear genuine.
A Maryland I-9 compliance lawyer could help companies to better understand the function of Form I-9 and how this affects their business. They can work to educate HR departments about the steps needed for I-9 compliance and to train them on proper I-9 completion and submission. Violations of this labor law can result in stiff fines for your company. Let an attorney help you to save money today.
