Fairfax I-9 Compliance Lawyer

Running a business can prove to be challenging for many owners. Not least among these challenges is ensuring that employees are qualified to perform their job duties. A large portion of this challenge is making sure that workers possess the proper education and experience. However, at an even more fundamental level, this involves making sure that hiring that person is legally authorized to work in the United States.

Federal employment and immigration laws intersect when it comes to qualifying an employee to work. As a general rule, only U.S. citizens, lawful permanent residents, and those with employment authorization documents (work permits) issued by the U.S. Citizenship and Immigration Services (USCIS) can work in the United States. The USCIS provides Form I-9 as a tool for employers to ensure worker qualifications. A failure to follow these procedures can see serious consequences for a company.

A Fairfax I-9 compliance lawyer could work with businesses to explain the laws that control who may work in Fairfax and around the country. They can also assist companies with performing proper I-9 compliance and to meet their obligations under the law.

Ensuring an Employee’s Right to Work

United States immigration and employment laws place the burden on employers to serve as a first line of defense against illegal hiring. In short, any United States citizen may seek employment. So too can permanent residents. Non-citizens can only work if they are able to provide authorization issued by USCIS by filing Form I-765 that grants them permission to seek a job.

This legal concept does place a great burden on employers. However, the United Citizenship and Immigration Services provides Form I-9 as a way for employers to meet this requirement. On Form I-9, an employee provides copies of the documentation needed to verify their right to seek employment. These can include:

  • A U.S. passport;
  • A social security card;
  • A driver’s license; and
  • A state-issued ID card

The form itself provides instructions for which combinations of these documents are sufficient to meet the burden of identification and eligibility to work lawfully. A Fairfax immigration lawyer can provide guidance as to the legal obligations of workplaces and how Form I-9 can help them to meet those burdens.

Assisting Business with I-9 Compliance

Ensuring I-9 compliance is a major part of doing business. According to 8 U.S.C. § 1324a (b), every employer in the United States, no matter how large, must take steps to ensure the employability of each worker. Failures to complete this task can result in civil fines or even criminal charges.

A Fairfax immigration attorney can work with companies to ensure that they meet their obligations under the I-9 program. This includes helping them to collect appropriate documentation from employees, to examine those documents for authenticity, and maintaining a proper filing system of each worker’s I-9 compliance forms. With the help of a law firm, a company can put its mind at ease, knowing that they have met their duty under the U.S. immigration laws.

A Fairfax I-9 Compliance Attorney Can Help Companies to Ensure a Legal Workforce

Every workplace in Fairfax and around the country has the same legal burden to ensure that their workforce has permission to seek employment in the United States. This includes gathering documentation that proves American citizenship, lawful resident status, or papers that allow a non-citizen to work while holding a visa.

The best tool to accomplish this task is Form I-9. Form I-9 provides detailed instructions on an employer’s duties under the immigration laws as well as which documents are necessary to authenticate a worker’s identity and legal status.

A Fairfax I-9 immigration lawyer can work with companies to meet their burden under the law. They can handle every step of the process to complete the I-9 paperwork as required and to check all employee-provided paperwork for authenticity. This can allow you to focus on your business while remaining confident that your business is meeting its obligation under the law. Contact an immigration attorney in Fairfax today to learn more.