Immigration violations by employers

Years ago there was a local Chinese restaurant here in our area which was raided by federal agents for alleged violation of immigration law pertaining to its hiring and labor practices. The managers and owners of the restaurant were suspected to employ workers from Asia and Mexico who did not possess valid work permits or whose legal status have long expired.

It must be noted that US employers hiring foreign workers are not exempt from complying with immigration laws governing work authorization, employment duration, and other pertinent labor laws. Specifically, USCIS publishes a Handbook for Employers that provides guidelines for employers not only on how to comply with immigration rules but also sets out penalties for infractions. Employer violations commonly occur when it knowingly hires an unauthorized worker or knowingly enters into renegotiating, or extending a contract or subcontract to obtain the labor of a non-citizen not authorized to work in the US, fails to comply with Form I-9 and E-Verify requirements, and engages in fraud or false statements, or otherwise misusing visas, immigration permits, and identity documents. Such violations can expose employers to both civil and criminal penalties, including civil monetary fines for immigration-related infractions.

An employer may also commit unfair immigration-related employment practices such as when he, who has more than three employees, discriminates against any individual, except an unauthorized alien, on the basis of national origin or citizenship status. He is also prohibited from requesting documents beyond what is necessary for the I-9 verification process or rejecting documents that seem authentic.

The above are just a few examples when an employer can commit violations of immigration law. There are also instances when state and federal labor laws are also breached which places the employer under more serious investigation.