To remain on the right side of the law, employers need to follow both the changes to immigration laws relevant to hiring workers and to the enforcement trends, writes Green and Spiegel US lawyer Jonathan Grode and former colleague Jane Goldblum in their article “Managing Immigration Risk from “Compliant” Employers“, which appears in the latest edition of the ABA Journal of Labor and Employment Law.
According to the article, in the last decade, both the Immigration and Customs Enforcement and the Department of Labor’s Wage and Hour Division have stepped up enforcement against employers, especially with respect to the H-1B program, but also with respect to I-9 forms and E-Verify. Increasingly, employers who assumed they were compliant with immigration laws and regulations and hiring an entirely legal workforce are being found to have unwittingly violated the rules and are being slapped with fines and other sanctions. Outsourcing hiring functions to third parties to manage does not provide immunity from prosecution either. Employers must engage in “immigration best practices” and keep on top of regulatory changes and enforcement trends, the paper argues, to avoid liability.
The ABA article is available in full here.
For more information about immigration best practices and how to keep your business compliant in this tougher enforcement environment, contact Jonathan Grode.