REVERIFYING AND UPDATING EMPLOYMENT AUTHORIZATION

USCIS and ICE are entities within Department of Homeland Security. Once again, auditors at the ICE are cracking down on Employers that are in violation of section 274A  " It is unlawful for a person or other entity to hire, or recruit or refer for a fee, for employment in the United States an alien knowingly the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment..."

Generally, ICE can audit any employer who has three or more employees. This is a random selection. However, sometimes ICE will target specifics companies that traditionally hire undocumented worker and employers whose employees are privy to sensitive government information.

The purpose of the audits is to determine whether employees are properly authorized to work in the United States. Once ICE selected an employer to audit, the agency sends a notice of inspection requesting Form I-9 documentation, payroll records, copies of immigration filings, copies of SSA communications, information about independent contractors, and related employment information. The timeline for response is short, as ICE mandate that all documentation must be produced within three business days.

Employers that are found in violation of the section 274A of the Act can be subjected to civil and criminal penalties and injunctions for pattern or practice violations. Therefore, employers are encouraged to periodically review their Form I-9 for updated information.

If you think you or your company may be selected for an Audit, you should seek the advice of an immigration attorney immediately on what to do if you or your company is audited and you are questioned by an ICE officer.

If you are not sure whether you or your company is compliance with workplace eligibility laws, contact our law office for more information.