Employer Compliance When Sponsoring Foreign Workers
The Immigration Reform and Control Act (IRCA) requires employers to verify their employees’ immigration status. The 1986 act made it illegal for any employer to knowingly hire or recruit immigrants not authorized to be in the country. Today, employers continue to face legal scrutiny when it comes to enforcing their compliance with the IRCA, everything from hiring through the employment process. There are a few avenues for employers to legally hire foreign workers including:
Other temporary worker programs such as H2-B visas for nonimmigrants and temporary non-agricultural employees
How we help you with Employer Compliance When sponsoring foreign workers:
We guide you through the aspects of I-9 employment eligibility and and other applications, including any ongoing compliance required.
Form I-9 (Employment Eligibility Verification), filed with the USCIS.
Labor Condition Application (LCA, ETA 9035) filed with the U.S. Department of Labor
We explain the time lines, deadlines and processes in clear terms, as well as provide ongoing compliance guidance and training.
We keep track of your case with the Dept. of Labor, UCIS, and other agencies.
Verifying Employment Eligibility (I-9)
At Border Pathways, we recommend establishing good I-9 employment verification programs and policies within your organization. For example, using E-Verify or electronic I-9s. We also provide:
Training for HR / human resources professionals in I-9 compliance and best practices
Internal I-9 self-audits in which we review:
Current I-9 employment verification practices and policies
Employer I-9 records. We’ll also recommend steps for remediation, establishing new practices for compliance.
Legal responses to Immigration and Customs Enforcement (ICE) Notices of Inspection (NOI), Notice of Intent to Fine (NIF), and / or any subsequent proceedings, if violations are found
Third-party independent audits of contractors and sub-contractors pursuant to different legal agreements.
Labor Condition Application (LCA)
An employer must also file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) before hiring certain foreign workers. The employer must also provide notice to its employees and maintain a public access file for a specified period.
The DOL conducts audits of companies’ LCA documentation. And it may also subject employers who aren’t in compliance with fines and payment of back wages. In some cases, it may also debar the company from certain programs, such as the H-1B. At Border Pathways, we help you establish good LCA practices by:
Training HR / human resources employees in LCA compliance and best practices
Conducting internal LCA audits
Providing the legal response to Department of Labor audits and inquiries
Why Choose Our Employer Compliance Legal Services
As a HR professional or manager of a foreign-worker program at your company, you have a lot on your plate to start with. In many cases, companies need to seek the counsel of an immigration attorney when it comes to compliance when sponsoring foreign workers. As a trusted and accessible immigration lawyer, I will personally handle your employer compliance needs when it comes to I-9 or the LCA and manage the process so you can have the peace of mind that your company will not be subject to any penalties.
Our Fees for Employer Compliance Legal Services / How We Bill
I charge transparent and reasonable fees for any legal services when it comes to employer compliance for sponsoring foreign workers. Contact me for a free consultation and we can discuss your needs in this area and the costs, including any compliance training or audits.
Contact Us for a Free Consultation on Our Employer Compliance Legal Services
Tell us a little about yourself
Whether you’re in the Washington, D.C. area (DMV), or you’re just looking on Google in the D.C. Metro area for “an immigration lawyer near me,” our office is located at 2111 Wilson Blvd, Arlington, VA 22201. We’re happy to serve those living in the District, Northern Virginia (Arlington, Alexandria, Falls Church, Fairfax, McLean), Maryland (Montgomery County - Bethesda, Rockville, Silver Spring, Chevy Chase, etc.), Oxon Hill, College Park, Laurel, Baltimore, and more.
* Consultation is free for the purpose of discussing your specific immigration law case, and the various options available to you at a high level. Consultation is no obligation.