When you are hiring employees in the U.S., you are expected to follow the immigration laws from the very beginning.
As of 2024, according to the Bureau of Labor Statistics, 19.2% of the U.S. labor force is made up of immigrants. Every one in five workers is an immigrant, making immigration compliance an important issue for businesses, no matter how big or small.
However, these rules are not so simple, and they do charge. Staying compliant does not have to leave you guessing.
This article breaks down what you need to know and what steps to take to stay on the right side of the law.
Why Immigration Compliance Matters
If you hire someone not authorised to work in the U.S. or cannot provide the right records, you can face penalties from U.S. Immigration and Customs Enforcement (ICE).
These can cause you fines upto thousands of dollars and in some extreme cases, it can cause you criminal charges. This is not a pleasant thing that you should be dealing with.
Running a clean, compliant operation also helps you earn trust from your team, customers, and partners.
When word gets out that you’re ignoring employment immigration rules, it can damage your reputation in ways that don’t always show up in a spreadsheet.
What Is a Work-Authorized Employee?
A work-authorised employee is someone who is legally permitted to have a job in the U.S. It could be a U.S. citizen, some green card holders, or people with some special kind of visas.
As the employer, it is your responsibility to confirm this status when you are hiring, no matter how long you have known the person or how eager they are to get the job.
Common Types of Work Permits and Visas
Some of the most common categories include:
- U.S. citizens and permanent residents (green card holders)
- H-1B visa holders for specialty occupations
- F-1 students with approved work authorization
- Individuals with Employment Authorization Documents (EADs)
- Those with Temporary Protected Status (TPS)
What Employers Need to Do to Stay Compliant?
These next steps are where most of the day-to-day responsibilities fall. Let’s walk through what you need to focus on, starting with the paperwork.
Stay on top of Form I-9
Form I-9 is required for every employee you hire, no exceptions. It confirms that the person is who they say they are and that they’re allowed to work in the U.S.
You need to complete this form within three business days of the employee’s start date. That deadline matters as missing it can lead to penalties, even if the person is authorized.
Both you and the employee have a part to play. The employee handles Section 1 on or before their first day, and you complete Section 2 after reviewing their documents. Make sure the documents match what’s allowed by the form’s instructions.
Don’t toss old forms too soon. You’re required to hold on to each I-9 for a year after the employee leaves, or three years from the hire date, whichever is later.
Use E-Verify When Required (or Recommended)
E-Verify is an online system that checks an employee’s information against government records. Some states require it by law, especially for public employers or certain industries.
Others leave it up to you. Even if it’s optional, using it can add an extra layer of protection for your business.
Keep in mind, E-Verify doesn’t replace Form I-9. You still need to complete and store the I-9 for every employee. Think of E-Verify as a follow-up step, not a shortcut. If you use it, make sure your hiring team knows how the system works and when to run checks.
Timing matters here, too–you’re expected to run E-Verify cases within three business days of the employee starting.
Keep Up with Changing Immigration Policies
Immigration laws are not permanent. It keeps changing when the administration changes. These changes can affect who you can hire and how you can hire them.
Staying updated about these policies can help you avoid surprises, which can lead to delays or violations.
You can follow agencies like DHS or USCIS to keep up with the official updates. Through the HR platforms, you can also sign up for alerts or legal blogs that focus on employment law. This way, you will be able to get the changes early and adjust the hiring process.
Train Your HR and Hiring Managers
It is never enough for one person to know everything about immigration compliance. Moreover, people who are hiring should be aware of the basics.
This includes how they can complete Form I-9, what documents they can accept, and what questions should never be asked in an interview. Moreover, ensure that your team avoids any behavior that can lead to discrimination claims.
For instance, if you ask someone too early about their immigration status or assume they are not authorized to work, depending on their dialect or where they came from, you and your team can get in trouble.
Work With an Immigration Attorney (When Needed)
Often, you might get into situations that are not clear-cut. You may be sponsoring an employee for a visa, dealing with a candidate whose paperwork is not done properly, or responding to an ICE notice. In these situations, it is better to consult a legal expert.
An immigration attorney can help you through complicated issues and help you avoid any missteps. These are useful if your business is expanding into new locations where the rules are different.
Your Legal Guide: Stay Updated on The Latest Laws
Immigration compliance with U.S. laws is not optional. It is a part of conducting business in the right way.
If you follow the rules, you can easily protect your company from fines. Moreover, you can avoid hiring delays and respect the laws and your employees.
You do not have to be an expert, but you need to know the basics and where to start. This means you should be completing Form 1- 9s on time and training your team.
Moreover, know who has work authorisation, and get legal help when things get tricky. If you stay informed and organised, you will stay out of trouble.
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