Overview
Businesses seeking an employer immigration compliance lawyer in Lexington, Massachusetts can turn to Wakrim Law Firm for guidance on employment eligibility verification and related immigration compliance matters. We assist employers with Form I-9 procedures, internal compliance reviews, E-Verify issues when applicable, and policies designed to reduce compliance risks while avoiding unlawful immigration-related employment discrimination.
Key Compliance Obligations
Employers have specific responsibilities when verifying employment eligibility and maintaining immigration-related employment records. A consistent compliance process can help reduce errors and prepare the business for government inquiries.
✓Employment Eligibility Verification : Employers must properly verify the identity and employment authorization of covered new hires and complete the required employment eligibility verification process. Procedures should be applied consistently to all employees.
✓Record Retention & Documentation : Employers must retain employment eligibility verification records for the required period and keep them accessible for authorized government inspection. We help businesses develop organized record-keeping practices and address documentation errors appropriately.
✓Verify Compliance When Applicable : Businesses enrolled in or required to use E-Verify must follow the applicable program procedures when confirming employment eligibility. We help employers understand appropriate case-management and compliance practices.
Building a Compliance Program
◆ Policy Development : We help employers establish written procedures for employment eligibility verification, record retention, E-Verify use when applicable, and escalation of potential compliance issues.
◆ Staff Training : Managers and HR personnel should understand their responsibilities and apply verification procedures consistently. We provide guidance designed to reduce avoidable errors and discriminatory practices.
◆ Internal Compliance Reviews : Periodic reviews can help identify missing information, inconsistent practices, or other issues before they become larger compliance problems. Corrections should be documented appropriately rather than concealing or altering prior errors.
◆ Government inquiry Response : If an employer receives an inspection notice or another compliance-related government inquiry, we help review the request, organize relevant records, and understand the required response.
◆ Ongoing Policy Updates : Immigration compliance requirements and verification procedures can change. Employers should periodically review their policies, training materials, and internal procedures to keep their compliance program current.
For official information about employment eligibility verification and Form I-9 requirements, visit U.S. Citizenship and Immigration Services (USCIS).
Frequently Asked Questions
Q: How should I maintain employment records?
Employers should maintain employment eligibility verification records in an organized and secure manner and follow the applicable retention requirements. Form I-9 records generally must be retained for three years after the date of hire or one year after employment ends, whichever date is later. Records should also be accessible if an authorized government agency requests an inspection.
Q: Can I review my own compliance practices?
Yes. Employers may conduct internal compliance reviews to identify missing information, inconsistent procedures, or errors in employment eligibility records. When mistakes are discovered, corrections should be made transparently and in accordance with the applicable procedures rather than concealing or replacing the original information. Periodic reviews can also help employers identify areas where additional staff training may be appropriate.
Q: How should I respond to government inquiries?
The appropriate response depends on the agency and type of request. Employers should carefully review any notice, preserve relevant records, and determine the applicable response deadline. For a formal Form I-9 inspection, employers generally receive at least three business days’ notice before they must make the requested records available. Legal review may be appropriate before responding to a government inspection or compliance inquiry.
Q: Are there special considerations for remote employees?
Yes. Remote employees are subject to the same employment eligibility verification requirements as other hires. Certain employers that participate in E-Verify and meet DHS requirements may use an authorized alternative procedure to examine documents remotely. Employers that do not qualify for that procedure must follow the applicable document-examination rules, which may include using an authorized representative when the employee is not physically near the employer.
Speak With an Employer Immigration Compliance Attorney
If your business has questions about employment eligibility verification, I-9 compliance, E-Verify, or a government compliance inquiry, contact Wakrim Law Firm to discuss your obligations and possible next steps.