The U.S. Department of Justice (DOJ) recently issued a memorandum prioritizing immigration enforcement and increasing scrutiny on employers. Whether it involves hiring unauthorized workers or mismanaging H-1B visa employees, businesses may now face heightened legal risks, including criminal liability. This shift underscores the urgent need for employers to strengthen immigration compliance and mitigate potential legal exposure.
If you are concerned about how these changes may impact your business, our legal team can provide professional guidance and strategic support. Please contact the ILS Immigration Team at contact@consultils.com for a personalized solution.
Hiring Unauthorized Workers May Lead to Criminal Liability
1. Employing Unauthorized Workers
Knowingly or negligently hiring unauthorized employees may result in fines and up to 5 years in prison.
Failing to terminate an employee who has lost work authorization could be considered continued employment of an unauthorized worker, subjecting employers to penalties.
2. Concealing or Harboring Unauthorized Immigrants
Providing housing, concealing identity, or otherwise harboring unauthorized immigrants may constitute criminal harboring, carrying a penalty of up to 10 years in prison.
3. Submitting False Immigration Documents
Employers who falsify I-9 forms, H-1B applications, or other immigration records may face fraud charges, resulting in substantial fines and potential criminal prosecution.
H-1B Employers Face Stricter Oversight
Previously, H-1B visa violations primarily resulted in fines or visa revocations, but under the DOJ's new enforcement priorities, the following infractions may lead to criminal liability:
1. Misrepresenting Job Positions or Salaries
Employers promising higher wages in Labor Condition Applications (LCA) but paying below the required amount may be charged with fraud.
2. Failing to Report Employment Termination
Employers must notify U.S. Citizenship and Immigration Services (USCIS) when an H-1B worker resigns or is terminated. Failure to do so may be considered continued unlawful employment.
3. Violating LCA Requirements
Not providing the promised working conditions or failing to meet Department of Labor (DOL) and DOJ requirements may trigger federal investigations.
H-1B violations now carry a greater risk of criminal charges. Employers must ensure full compliance.
State and Local Agencies to Increase Immigration Enforcement
The DOJ memorandum directs state and local law enforcement agencies to collaborate in enforcing federal immigration laws, leading to:
Expanded enforcement authority for local agencies, increasing identity verification audits and worksite inspections.
Heightened scrutiny on industries reliant on immigrant labor (e.g., construction, agriculture, manufacturing, and hospitality).
Potential criminal charges for non-cooperation, such as obstructing audits or failing to provide employee documentation.
Employers should anticipate more audits, inspections, and enforcement actions.
How Can Employers Mitigate Legal Risks?
Given the DOJ’s enhanced immigration enforcement, businesses should take immediate steps to ensure compliance:
1.Strengthen I-9 Compliance and Verification
Regularly review I-9 records to ensure all employees have valid work authorization.
Utilize E-Verify to verify employment eligibility and prevent inadvertent violations.
2.Implement Immigration Compliance Training and Internal Audits
Provide HR and management teams with training on immigration laws and hiring best practices.
Establish internal reporting channels and conduct periodic audits to identify and correct compliance gaps.
3.Prepare for Government Audits and Enforcement Actions
Worksite Audits: Maintain organized I-9 records and be prepared for government inspections.
Worksite Raids: Develop a response plan and ensure legal counsel is readily available.
4.Ensure Full Compliance in H-1B and Visa Sponsorship Programs
Maintain accurate LCA records, wage payments, and job descriptions in compliance with federal regulations.
Keep visa sponsorship records updated to prevent unintentional violations.
Employers should proactively establish a robust immigration compliance framework to mitigate legal risks.
If you are concerned about how these changes may impact your business, our legal team can provide professional guidance and strategic support. Please contact the ILS Immigration Team at contact@consultils.com for a personalized solution.
Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.
Anna is the Partner and Head of Immigration at ILS. She has over a decade of experience in business immigration, transactions, and foreign investment.
She provides comprehensive guidance on U.S. business immigration, assisting global employers in recruiting and retaining foreign executives and skilled professionals. Anna specializes in H, L, E2, TN, O, EB1, and PERM cases, serving clients in technology, biotech, telecommunications, entertainment, animation, education, and logistics.
Email: contact@consultils.com | Phone: 626-344-8949