I-9 Audit Attorney in Hollywood, FL
Protecting Employers' Rights During I-9 Audits
The Immigration Reform and Control Act (IRCA) of 1986 is a law that stipulates all U.S. employers must verify their employee’s identities and employment eligibility upon hiring. Because of IRCA, there are criminal and civil sanctions for employment-related violations. Also, The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) are targeting employers who hire those who do not have authorization to work in the United States.
Determining whether an employee remains authorized to work in the U.S. can be extraordinarily complicated. An annual compliance review by a competent immigration attorney near you is a very cost-effective way to avoid expensive consequences.
If ICE is conducting an I-9 audit on your business, contact Garcia, Miranda & Gonzalez-Rua, P.A. online or call (888) 340-8424 for an appointment. Se habla Español. Nou pale Kreyol.
Legal Counsel During an Active I-9 Audit
If your company becomes the subject of an I-9 Audit by ICE, hopefully you have been conducting annual I-9 compliance checks. Both the Obama and Trump Administrations have aggressively increased the number of active I-9 compliance audits, and there is every reason to expect this trend will continue under future administrations. Garcia, Miranda & Gonzalez-Rua, P.A. is prepared to represent your company during an active audit in order to protect your rights, but also to ensure ICE of your good faith efforts to remain compliant in the future.
I-9 Violations
Common I-9 violations when it comes to the form itself and the audit process:
- Not verifying the identity and employment authorization of employees hired after November 6, 1986.
- Failing to notify the Department of Homeland Security of an employment authorization verification result of "Final Nonconfirmation (FNC) on an employee's employment eligibility.
- Not completing and retaining I-9s for each employee who is required to have it.
- Requesting different documents than what is specifically required by the Form I-9 instructions.
- Employers are notified of an I-9 inspection 3 days before it is conducted. If an employer delays the audit or refuses to comply, it is a violation of the law.
Negotiating Post-Audit Penalties and Fines
Those who are found to be non-compliant with IRCA regulations will be burdened with heavy fines, forfeiture of company assets, and possible incarceration. If ICE decides your company knowingly hired or continued to employ unauthorized workers you may be fined and subject to criminal prosecution. Monetary penalties range from $110 to $16,000 for each violation, and can add up very quickly. The experienced attorneys at Garcia, Miranda & Gonzalez-Rua, P.A. can negotiate on your behalf to drastically reduce or eliminate these penalties.
Need help with an I-9 audit? Contact Garcia, Miranda & Gonzalez-Rua, P.A. at (888) 340-8424 to discuss your situation with our attorneys. We speak Spanish and Creole.
