MImmigrant workers can be a boon to employers. They are invariably experienced, hard-working, and loyal. Yet, in the wake of recent changes to our nation’s immigration laws, and the restructuring of the governmental agencies that enforce immigration laws, employers must be vigilant in ensuring that they properly document their foreign worker’s rights to be residing and working in the United States.

The Immigration Reform and Control Act requires employers to keep records and verify an employee’s identity and eligibility to work. The Act imposes severe penalties on businesses employing aliens that are not authorized to work in the United States. Documenting authorization to work includes the completion of Form I-9, verifying the employee’s information, and retaining all appropriate information for at least three years. You do not need to complete Form I-9 for the following:

• Persons you employ for domestic work in a private home on an intermittent or sporadic basis
  
• Persons who provide labor for you if they are employed by a contractor providing contract services (e.g., employee leasing firms)
  
• Persons who are independent contractors
  
  

There are civil and criminal penalties for violations of immigration laws. If an investigation reveals that an employer has violated the law with respect to employees hired after November 6, 1986, the Bureau of Citizenship and Immigration Service (formerly the INS) may fine the employer or recommend criminal action. For those convicted of knowingly hiring unauthorized employees, the fees start at $250 for each unauthorized employee. For those who continue the illegal practice, it can go as high as $10,000 per unauthorized employee.

In addition, employers who fail to properly complete, retain, and present for inspection Form I-9 as required by law may face civil fines of not less than $100 and not more than $1,000 for each unauthorized employee.

Yes, immigration law is complex, and this is just an overview. Since 9/11 we are, as a nation, far more sensitive to the issues involving illegal immigrants in our country. Hiring immigrants can be a viable solution for many businesses, and the paperwork to do so legally is not overwhelming. With fines running as high as $10,000 per violation, the consequences for failing to properly document your foreign workers are not something any small business owner wants or should have to deal with.