As a business owner, you may do everything in your power to ensure the success of your company, which includes making important hiring decisions. However, if you are looking to hire foreign-born employees, it’s critical to familiarize yourself with the federal and state laws you must adhere to during this process, as well as the risks you can face for non-compliance. The following blog explores what you should know about these matters, including the importance of working with Fairfax County business immigration lawyers to explore your legal options during these complicated times.
What Immigration Laws Do Virginia Employers Need to Adhere To?
If you work at a company and you wish to hire foreign workers, understanding the federal laws you must adhere to during this process is critical. Typically, you’ll need to ensure that all employees are authorized to work by completing a Form I-9, which helps to verify their identity. You’ll also need to submit a Department of Labor certification, which is necessary to prove that there are no eligible citizen workers to perform the job duties that you are filing with a foreign worker. Finally, employers must submit a USCIS petition for an employment visa on behalf of the worker they wish to hire.
It’s important to understand that, in addition to the federal laws imposed on employers that hire foreign workers, Virginia also imposes immigration laws for employers. As such, in Virginia, all state agencies and those who are in contract with a state agency valued at more than $50,000 and that employs more than 50 employees, must register with Virginia’s E-Verify system. This system helps ensure that the work eligibility of new hires is verified.
What Are the Most Common Violations That Occur?
In general, the most common violations of immigration employment law that employers face revolve around I-9s. Missing signatures, incorrect handling of documents, and failure to re-verify can result in penalties, even if the impacted employees are legally authorized to work.
Additionally, you’ll find that failure to monitor visa expiration dates can result in DOL sanctions, while changes in job duties or title can violate visa rules. This is because you may be required to make amendments to the H-1B visa.
Finally, employers who knowingly hire workers without ensuring they have legal documents, pay unauthorized workers “under the table,” ignore visa expiration dates, or fail to do due diligence when determining whether or not someone is authorized to work can result in penalties against the company.
What Penalties Can an Employer Face for Non-Compliance?
Employers who are found in violation of these policies can face a number of serious penalties imposed by the federal government. This often includes fines of up to $27,000 per violation, though the exact fine will depend on the severity of the violation and how many offenses have been committed. However, you should note that employers can also face federal charges if they engage in prohibited behavior, like the continued pattern of knowingly hiring unauthorized workers.
In addition to civil and criminal penalties, employers may be subject to ICE raids and audits, which can disrupt your business operations, causing confusion, panic, and damage to your company’s reputation.
If you are a business looking to hire foreign workers, it’s in your best interest to ensure you do so by the book. That is why working with an experienced employment immigration attorney with Goel & Anderson is in your best interest. Our team understands that navigating this process can be overwhelming, which is why we are committed to doing everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
