Avoiding immigration-related penalties can be challenging, even if your business is committed to doing things correctly. Failing to follow immigration rules can lead to fines, hiring restrictions, and other penalties. Setting up an effective system to ensure compliance and avoid penalties can be challenging. Businesses can make immigration mistakes both during the visa application process and later on during the foreign national’s employment. A business immigration attorney could help your company understand its obligations so you can make the best hiring decisions.
The most common immigration issue that employers need to consider is making sure that all employees are legally eligible to work in the United States. Employers who hire undocumented workers can face substantial fines, especially if they do so intentionally. Employers who sponsor green cards or work visas for foreign professionals can also face penalties like fines and hiring restrictions if they do not follow all the applicable visa requirements, whether intentionally or unintentionally. The specific requirements and penalties will depend on the type of visa.
Some penalties are imposed by U.S. Citizenship and Immigration Services, while others are imposed by the Department of Labor. For example, H-1B visas require the employer to submit a Labor Condition Application to the Department of Labor. Part of this requirement is paying the foreign professional at least the local standard wage for their role. A company that fails to do this can owe fines and back pay. Businesses with H-1B employees also need to keep employment records and make them available to the public if requested. In addition to fines, companies can be banned from sponsoring H-1B visas for employees for up to three years for failing to follow these requirements.
Both the Department of Labor and U.S. Citizenship and Immigration Services may perform immigration-related audits. These can be random or done to investigate a business if these agencies suspect compliance issues. Companies can prepare for an audit and avoid penalties by having an organized system in place for hiring, visa applications, and record-keeping.
A good process starts with understanding any requirements that apply. For example, all employers need to collect and retain I-9 Forms, and companies with H-1B employees need to record wage and working condition details. Keeping all of this information clearly organized will make an audit simpler and reduce errors.
Scheduling regular internal audits can also be a good idea. This allows the business to catch any errors quickly so it can fix them before they lead to a fine. Whether the business has specific compliance concerns or not, it should consult an immigration attorney if it hires foreign professionals. A good attorney can help the business avoid penalties by following regulations carefully from the beginning.
Hiring from a global applicant pool can bring great talent to your business, but it also makes following immigration and employment laws more complicated. Avoiding immigration-related penalties requires clear processes and thorough documentation. Whether your business is facing a potential penalty or building a system to ensure compliance, an immigration attorney can help. Klug Law Firm knows how to support businesses that hire internationally. Contact us to discuss your situation today.
