Federal law contains restrictions on the employment of persons not authorized to work in the United States. While such restrictions have existed for decades, federal enforcement activities of immigration violations have increased considerably since 2001. In addition to making certain that appropriate visas have been obtained for foreign-born workers, employers must verify the identity and employment eligibility of all workers. In order to verify that a worker is permitted to work in the United States, employers must complete a Form I-9 for each employee. Once completed, the Form I-9 must be kept on file during an employee’s period of employment and, in fact, for some time after employment is terminated. Various federal agencies have the authority to conduct reviews of completed Form I-9’s during the course of agencies’ investigations of other matters. Additionally, several federal agencies are tasked with the specific enforcement of immigration statutes.
Taft attorneys are experienced in counseling employers regarding all aspects of immigration compliance, including obtaining appropriate employment documents, I-9 compliance and self-audits, and the defense of immigration-related charges and suits.