With President Trump expected to increase scrutiny on regulations governing immigrants in the workplace, Pryor Cashman Immigration Associate Dina Weinstein offers tips to help small businesses comply with federal law when hiring foreign national employees.

In her recent article for InsideCounsel, Weinstein highlights three things employers can do to prepare for the new administration’s heightened enforcement policies.

Understand the Importance of I-9 Compliance

Federal law mandates that all U.S. employers complete a Form I-9 which verifies the identity and work authorization of every employee hired to work in the U.S. The Form must be completed by the employee and employer within three days of the start of employment.

In the summer of 2016, penalties for I-9 violations increased by 100 percent, with minimum penalties carrying fines of $216, and maximum penalties totaling $2,156. It is therefore critical that small companies fully grasp the Form I-9 requirements, and ensure they are completed in a timely and accurate manner.

Keep Apprised of Updates and Changes to the Law 

United States Citizenship and Immigration Services (“USCIS”), the agency responsible for developing the Form I-9, enacts periodic changes to the Form, the aim of which are to facilitate ease of completion and enforce employment eligibility verification rules. 

USCIS also maintains a dedicated webpage, I-9 Central, where employers can obtain answers to many common questions regarding the Form, and sends out regular email updates to individuals who subscribe through its website. 

These resources can be particularly helpful to smaller employers who may not have full-time staff dedicated to overseeing I-9 compliance.

Audits and Forward-Thinking Training

As Weinstein explains, “training personnel charged with I-9 completion and maintenance is one of the key steps that small businesses can take to ensure the correct completion and retention of I-9 records.” She also recommends that such programs be coupled with a practice of company-wide auditing of I-9 records.

The full InsideCounsel article can be read here.

More About Weinstein’s Practice

Dina Weinstein represents clients from a range of industries, including pharmaceutical, management consulting, technology, financial services and fashion. She helps executives, scientists, athletes and other highly-talented professionals obtain work authorization and permanent residence within the United States.

Weinstein is adept at identifying the most expedient ways to navigate the complex immigration system, facilitating the smooth entry of international employees into the U.S.

To learn more about her practice, please visit here.