DC Immigration Team Helps Businesses Comply with U.S. Law
Reliable legal advice for companies of all sizes
Whether your business sponsors a foreign national worker for a visa or simply hires one who already has work authorization, U.S. immigration laws impose numerous requirements on your business during that worker’s period of employment. Your company has an affirmative duty to comply with these laws under threat of harsh penalties. Deutsch, Killea and Eapen, based in Washington D.C., can help your business avoid or lessen potentially significant government penalties for non-compliance. Our immigration attorneys can work with you to implement compliance strategies or repair damage done by prior noncompliance.
Advising businesses in H1B compliance
Our immigration lawyers provide reliable, up-to-date compliance advice for employers of all sizes, in all industries. One major area where employers incur penalties for violating immigration law is with the compliance requirements for H1B workers. There are a number of immigration law requirements you must follow for your H1B workers. Be aware that the U.S. Department of Labor and the U.S. Citizenship and Immigration Services investigate proactively by visiting companies with H1B employees to ensure compliance with the immigration laws. To comply with immigration law and avoid civil liability for discrimination, you must treat your H1B workers in all respects (amount of pay, working conditions, etc.) the same as American workers. If there is a “material” change in an H1B worker’s employment, such as a change of position or job duties, reduction in pay or hours, or a different work location, you must file an H1B amendment. Finally, when terminating an H1B worker, your company must send proper notice to USCIS.
Avoiding sanctions for I-9 violations
All U.S. employers must complete a Form I-9 (Employment Eligibility Verification) with respect to each employee, whether foreign or American. Your duties with respect to an employee I-9 include:
- Correct completion — The onus is on the employer to ensure that forms are completed correctly, starting no later than the first day of employment.
- Acceptable documentation — Employees must have papers that establish identity and work authorization. Proof can be in a single document (such as a passport or green card) or in the right combination (such as a driver’s license and a Social Security card).
- Retaining copies — I-9 forms must be held and stored properly, and be available for inspection.
Employers are rightly concerned that they are not found to have knowingly hired an alien without work authorization. You, as an employer, must enforce I-9 compliance on your employees, and you can reasonably reject identification papers that do not appear genuine or do not seem to relate to the employee in question. But you can be implicated under antidiscrimination laws if you reject documents unreasonably or demand certain types of documentation. At Deutsch, Killea and Eapen, we help you navigate the requirements so that you can stay in compliance with federal law and avoid civil liability.
Contact Deutsch, Killea and Eapen in Washington D.C. to set up your immigration law compliance plan
Be proactive in developing and maintaining your company’s compliance plans for I-9 and H1B visas. Contact one of our immigration attorneys to schedule an appointment. Call our Washington DC office at 202-728-0820 or contact us through our online inquiry form.