Employer Sanctions and Unfair Immigration Practices
Our Chicago immigration lawyers can help you deal with charges of unlawful employment of unauthorized workers. Our Chicago immigration lawyers provide I-9 training, I-9 audits, public access audit, and can assist you with establishing of company-wide policy and procedure of how to respond to a government audit.
Section 274A of the Immigration and Nationality Act applies to all employers in the United States with regard to all employees hired, recruited or referred after November 6, 1986, the date of enactment of the Immigration Reform and Control Act (IRCA). If agents of the Department of Homeland Security find that the employer had violated this section, the DHS may issue a Notice of Intent to Fine. The employer has an option to pay the fine or to request a hearing.
Compliance with this section needs to be balanced against Section 274B, which prohibits unfair immigration related practices, which includes document abuse and other practices that may give rise to a complaint and result in damages.
There are tight deadlines and guidance of counsel is recommended.
Our law firm assists employers with audit of their I-9 process and can help employers establish I-9 procedures and training to ensure that the employer complies with the law without violating the unfair immigration related practices law.
If you need assistance with investigation, defense, or audit in connection with I-9 violations and procedures, contact our firm for help.Resources
- 8 INA. Sec 274 (Unlawful Employment of Aliens)
- 8 CFR Sec. 274a (Unlawful Employment of Aliens - Regulations)
- 28 CFR Sec. 68 (Hearing Procedures)
- 8 INA Sec. 274B (Unfair Immigration Related Employment Practices)
- 28 CFR Sec. 44 (Unfair Related Immigration Practices - Regulations)
- 8 INA Sec. 274C (Penalties for Document Fraud)
- 8 CFR Sec. 270 (Penalties for Document Fraud - Regulations)
- Administrative Procedure Act
- Administrative Decisions