Immigration Attorneys in Chicago Keeping Your Company Compliant
Hire a Chicago Lawyer to Make Immigration Compliance Easier
Scott D. Pollock and Associates, P.C. lawyers have been practicing immigration law for over 35 years. Immigration compliance is a complex but crucial aspect of hiring and retaining foreign talent in Chicago. We partner with you to navigate the intricacies of I-9 forms, Labor Condition Applications, public access files, and the E-Verify system.
Our knowledge and experience help you avoid costly fines, workforce talent loss, and reputational damage. We can also help you implement best practices for record-keeping, internal audits, and proactive visa tracking to comply with immigration laws and regulations. Proper compliance means your Chicago business can flourish with the benefits of a global workforce while following United States immigration law.
Immigration compliance is vital to hiring and retaining foreign-national employees. A United States company must follow specific rules when hiring foreign nationals, but the procedure doesn’t end there. Employer Immigration Compliance is an ongoing process that entails careful documentation and timely filing.
If a company fails to adhere to compliance regulations, high fines might be imposed by the government, and employers can lose the ability to sponsor and hire foreign talent. The lawyers at Scott D. Pollock and Associates, P.C. have vast experience in compliance law and know what companies need to do to hire and maintain foreign nationals legally.
Verifying Chicago Employment Eligibility for Your Business
The United States Citizenship and Immigration Services (USCIS) has set standards that must be met with careful documentation throughout the hiring process and beyond. One of the most vital forms that must be created and maintained for each employee is the Employment Eligibility Verification Form I-9. Form I-9 confirms employees’ identity, national origin, and work authorization.
Our Chicago firm oversees I-9 compliance and can help ensure your company meets its obligations under the law. Our I-9 compliance services include:
- Implementing I-9 policies and processes that work for your organization
- Training HR teams on I-9 compliance and best practices
- Conducting internal audits to ensure compliance if a government audit occurs
- Responding to the Department of Labor (DOL), Immigration and Customs Enforcement (ICE), Notice of Inspection (NOI), and Notice of Intent to Fine (NIF) and any proceedings that involve potential violations
Before hiring some foreign workers, employers must file a Labor Condition Application (LCA) in addition to Form I-9. The LCA is required for those employees requesting an H1-B or E-3 visa. The employer files the LCA with the Department of Labor (DOL). The LCA attests to specific working parameters such as wage requirements, working conditions, strike/lockout declarations, and public disclosure of the LSA as required. Our immigration compliance lawyers are ready to help properly file and maintain your Labor Condition Applications so that the hiring process is smooth and has a better chance of success. We can help:
- Institute successful LCA practices and processes
- Train human resource teams in LCA compliance and best practices
- Conduct internal LCA audits
- Respond to questions and audits from the Department of Labor (DOL)
Chicago Lawyers Ensuring Your Public Access Files
Public access files, or public examination files, are files that U.S. employers must maintain for their H1-B employees. Specific documents are required for these files, and anyone can request to view them. The obligations for maintaining public access files are complex, but our team can help you set them up and keep your company compliant.
E-Verify System to Help Chicago Employers
E-Verify is the United States Department of Homeland Security (DHS) internet-based system that allows employers to quickly determine employees’ eligibility. The system compares information from an employee’s Form I-9 to their DHS records. E-Verify is not required but is an excellent tool for employers. The system will alert an employer if an employee appears to be ineligible for work. Our attorneys can help you navigate the E-Verify system.
Immigration Compliance Violation Penalties in Chicago
If the Department of Labor (DOL) and Immigration Customs Enforcement (ICE) discover potential violations at your company, there could be severe consequences, including:
- Fines. Employers caught violating compliance rules might have to pay hefty fines or face legal action. Failure to complete forms or secure requested documents can result in fines. You don’t need to knowingly hire unauthorized workers to face penalties.
- Loss of sponsorship. Employers can lose the opportunity to sponsor future visas, which means they will miss out on hiring foreign talent and lose a competitive edge.
- Reputational damage. Non-compliance can damage customer perception, professional reputation, and profitability.
Tips for Chicago Employers to Stay Compliant
Keep Accurate Records
Keep accurate records and files on your employees. Ensure each employee has a Form I-9 and that H1-B employees comply with public access rules.
Conduct Internal Audits
Regularly scheduled internal audits mean catching and fixing minor issues before they lead to non-compliance. These audits can also catch significant oversights before your next governmental audit.
Use E-Verify
Use the E-Verify system mentioned above to ensure employee eligibility.
Visa Tracking
Maintain an internal database of your foreign workers’ visa and work authorization expiration dates and applications for permanent residency. To minimize business disruption, coordinate with employees so there is no lapse.
