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I-9 Compliance and Defense

Compliance and Defense Worksite Compliance Attorney

Every U.S. employer has the responsibility to ensure that all employees are legally authorized to work in this country. Hiring a person without proper authorization can result in serious fines to the employer. U.S. Immigration and Customs Enforcement (ICE) is becoming much more diligent in the enforcement of I-9 compliance.

Prior to 1986, there were no federal laws prohibiting the hiring or employment of unauthorized workers. Congress enacted the Immigration Reform and Control Act (IRCA) in 1986 and created employer sanctions provisions that made knowingly hiring and employing unauthorized immigrants illegal. These laws were enacted to force employers to assist with the elimination of unauthorized workers in the workplace. Immigration and Customs Enforcement (ICE), the enforcement branch of Department of Homeland Security (DHS) for immigration laws, audits employers to ensure compliance with the laws and I-9 employment form verification. The Form I-9 requires the employer to certify that the employer has reviewed documents to establish employee identity and authorization to work in the US. An employer may be fined several thousands of dollars for paperwork violations, mistakes and omissions per I-9 or violation. The employer may be fined thousands of dollars per individual for knowing hiring unauthorized workers or for continuing to employ unauthorized workers. In addition to civil fines, CEOs, managers, and business owners may be prosecuted criminally for harboring illegal aliens as well as other criminal violations.

Our office can assist your business with developing a compliance plan, conducting internal audits, reverifying I-9s,and ensuring that compliance does not violate any federal laws against discrimination under Title VII of the Civil Rights Acts and other Anti-Discrimination laws. Law Office of Cara Wilkins also represents businesses by defending against ICE Notice of Inspections (NOI) and negotiating settlements.

If you are facing an ICE inspection or simply need help to ensure that you are in compliance with I-9 requirements, it is important that you seek the advice of an experienced former government ICE I-9 lawyer.

Law Office of Cara Wilkins represents employers throughout the Houston, Texas area and nationwide in a variety of complex I-9 matters.