EMPLOYER COMPLIANCE with all laws and regulations governing US IMMIGRATION
Immigration Customs Enforcement (ICE) has greatly expanded the number and scope of its worksite enforcement operations in the last few years. ICE officials have publicly stated that they are focused on all industries where employers knowingly have hired undocumented workers. The government has sought punishment against both employers and employees through civil and criminal prosecutions. The punishment includes fines and criminal sentences for executives and supervisors in exceeding 10 years in prison.
Moreno Law Office, LLC provides services in the areas of I-9 compliance, managing immigration issues in the normal course of business and in the context of mergers and acquisitions. We assist clients with government audits and investigations of corporate immigration programs. We conduct internal annual compliance reviews for clients and provide subsequent recommendations for any necessary changes and remedial actions. If your company employs two or five thousand we can evaluate your level of compliance related to immigration laws and regulations and train management and human resources staff to meet employment immigration compliance laws. Employers are held responsible for any unauthorized employees, workers and/or contract workers. We assist employers to manage their risks by: advising clients on the various federal and state laws that affect new hires; reviewing existing policies and procedures or assisting clients develop and implement appropriate ones; conducting audits of existing I-9s and correcting any problems that might exist and subject employers to financial and criminal liability; advising clients that have or are seeking state or federal contracts comply with E-Verify and other requirements to become government contractors; assisting clients to develop contractual protections from liability arising from their use of vendors or independent contractors; and advising clients on any issues in worksite enforcement. If you have employment eligibility issues or want to take active steps to prevent it, contact Moreno Law Office, LLC.
We assist employers in the construction, retail, service, manufacturing and other industries to comply with the laws and regulations. Since November 07, 1986, federal law has required that all U.S. employers verify that every newly hired employee is eligible for employment. Congress imposed harsh penalties on employers who hire unauthorized workers but also employers who make unintentional errors on the I-9 Form. We assist employers by identifying relevant legal requirements; reviewing and advising on corporate compliance programs to satisfy those requirements; and assisting with periodic internal I-9 audits and trainings.
Immigration Customs Enforcement (ICE) may target employers via the I-9 inspection because at times criminal investigations, undercover operations, informants and wiretaps is lengthy and labor intensive.
We work closely with employers to implement and manage use of the government’s E-Verify system, an electronic employment eligibility program. We work with employers to review their internal policies to protect them from liability. Starting on September 08, 2009, many federal contractors and subcontractors are required to start using E-Verify. The E-Verify system compares social security number data and information in the Department of Homeland Security databases to an employee’s name and other I-9 information to confirm the employee’s work eligibility. The use of E-Verify provides separate results: that the employee is authorized to work; that the verification system is in progress; or that the social security number and name are not confirmed. If a non-confirmation is received for an employee, the employer must re-verify the information, terminate the employee or face consequences for hiring an illegal worker. The federal government and several state governments require the use of E-Verify or your company may face the risk of losing contracts and business licenses. To assist you in dealing with these issues, Moreno Law Office, LLC can provide assistance in determining whether E-Verify is required or advisable for your particular company.
Management & Visa Compliance
Employers who recruit foreign workers must comply with all immigration laws and regulations. The Department of Homeland Security (DHS) and Department of Labor (DOL) have increased the number of audits and investigations. Employers must be proactive in developing programs that ensure ongoing compliance with various agency requirements that govern visa petitions and labor certifications. When sponsoring foreign nationals employers must consider immigration related consequences when terminating employment, recruiting, promoting or compensating employees.
Mergers & Acquisitions
Whenever an employer is considering merger or acquisitions immigration compliance must be taken in consideration. All parties must conduct adequate due diligence regarding I-9 compliance. Moreno Law Office, LLC will advise employers in the context of mergers and acquisitions to reduce legal and financial liabilities.
Moreno Law Office, LLC assists employers to comply with employment eligibility verification laws and regulations. We conduct internal audits for clients of all sizes and industries and provide detailed analyses to employers to assess liabilities and reduce exposure prior to the government initiating an investigation. To ensure compliance, Moreno Law Office, LLC provides training for human resources staff and in-house legal counsel, review internal programs and protocols and offer resources for better compliance. We also evaluate independent contractors and outsourcing agreements to ensure vendors, contractors and subcontractors are in compliance with immigration laws.