With a new administration taking office, shifts in immigration enforcement policies are expected. In the past, Homeland Security Investigations (HSI) has dramatically intensified audits targeting industries reliant on skilled labor, including construction, during enforcement surges. We anticipate this trend to continue, making it essential for contractors to ensure their hiring procedures comply with federal regulations. Ensuring employee compliance with these regulations will be crucial in navigating these changes.
How to Get Ready for I-9 Audits as a Contractor
Construction companies should take proactive measures to prevent expensive fines and project delays, such as:
- Designating a compliance manager to supervise the employment process and address government requests.
- Checking all I-9 forms to ensure all employees, including subcontractors, have proper and current documentation, ensuring employee compliance.
- Training HR teams, site managers, and foremen on job eligibility and how to verify employees to avoid governmental infractions.
- Consult a lawyer for complicated immigration matters, compliance audits, and visa sponsorships.
Comprehending I-9 Audits and Compliance
Employers are required by federal law to use Form I-9 to confirm each employee’s identification and work authorization. As part of its larger effort to enforce employment regulations, ICE frequently performs I-9 inspections, with the construction sector often facing heightened scrutiny.
Contractors must submit their company’s I-9 paperwork for evaluation within three business days of receiving a Notice of Inspection (NOI). Serious penalties may be imposed for any errors, with fines calculated per form and error. For contractors overseeing a sizable workforce, these fines can add up quickly due to lapses in employee compliance.
Repercussions for Employing Unauthorized Personnel
Construction firms that actively or inadvertently employ undocumented labor face severe consequences, including:
- Penalties of up to $3,000 per employee
- A maximum penalty of six months in jail for the employer
- Up to five years in prison for false documents or dishonest hiring tactics
The construction industry heavily relies on skilled workers, making it crucial to ensure hiring procedures are both legal and efficient. RAK Law has extensive experience assisting contractors with worksite investigations, employment verification, and I-9 audits regarding employee compliance.
Maintain Compliance and Safeguard Your Company
By taking proactive steps today, construction contractors can protect their employees, stay compliant with the law, and keep projects running smoothly. Ensuring constant employee compliance is key to avoiding legal issues.
For legal advice on job eligibility, ICE audits, and compliance best practices, get in touch with RAK Law today either online or at (407)-437-0319.