The Law Offices of Tiffany U. Vivo

Here are some additional hints for employers and business owners to avoid violations of immigration law and hiring rules-

•  Do NOT tell an employee which documents to present to demonstrate work eligibility.  Simply give the employee the approved governmental list.
• Do NOT reject a document unless it is clearly a forgery, or there are signs of document tampering. You are not required to be an document or handwriting expert, but you can exercise common sense.
• Do NOT reject a document simply because it differs from the approved governmental list.
• Do NOT accept photocopies of any qualifying documents.  Because you cannot inspect a laminated social security card, don’t accept them.
• Do NOT consider when an employee’s work eligibility is to expire, no matter how close that date is to the hiring date.

An Immigration Lawyer Can Help

You can avoid problems when hiring foreign workers by consulting an immigration attorney who can train you or your human resource personnel about proper procedures.   Or, consider training seminars for you or key staff.

Audit Your Records Before the Government Does

Audit your I-9 records and correct any errors. Again, you may want to consult a knowledgeable immigration attorney.

If you are inspected by the Department of Homeland Security:

• Do NOT consent to an immediate inspection if DHS agents show up without notice.  You have up to three days to respond. And, call your immigration attorney or business attorney immediately.
• Do NOT let DHS agents take original records.  Provide copies.
• Do NOT allow DHS agents to talk with your employees before you call your attorney.
• If Department of Labor agents show up for an inspection without notice, decline the inspection. The DHS will be notified, and an inspection will be triggered.
• If DHS discovers technical errors on I-9’s, you get 10 days to correct the I-9’s.

There are not many knowledgeable attorneys who deal with business immigration law or who will be savvy about employer compliance issues. Lawyers who deal with immigration law, business law, and labor rules can best handle compliance issues, and any litigation arising from a DHS inspection.

Preventing problems is the best approach.  Make a small investment in training your staff, developing compliance systems and consulting with a good immigration lawyer, before problems arise.

Tiffany U. Vivo is an Indianapolis immigration lawyer.  She also practices family law.  Ms. Vivo appears before the Immigration Court (EOIR), the United States Citizenship & Immigration Service (USCIS), the Board of Immigration Appeals (BIA) and state and federal courts in Indiana and Illinois.  She is a member of the Indiana State Bar, the Indianapolis Bar Association, and the national and local chapters of the American Immigration Lawyers Association (AILA).