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The Many Faces of Stern Elkind Curray & Alterman LLP

Since 1985,Stern Elkind Curray & Alterman has limited its practice to immigration law, with a special emphasis on matters relating to the employment of foreign professionals. Mr. Stern and Ms. Elkind founded the firm with the goal of providing the very best immigration advice and representation to our clients. As the firm has grown, we have continued our commitment to maintaining a high level of expertise combined with an understanding that our clients are individuals whose lives are deeply affected by the work we do. Over the years, we have developed expertise and wide-ranging experience in all facets of immigration law.

We continue to be deeply affected by our clients, some of whom are introduced within this web site.

Tips for Employers Regarding Government Crackdown

May 08, 2006

(Provided by attorneys Nancy Elkind and Emily Curray, partners in the Denver-based business immigration law firm Stern Elkind Curray & Alterman, www.secimmigration.com)

Since 1986, all employers must verify the work eligibility of every employee hired by completing a Form I-9 within 3 working days of hire. An employer who fails to verify work eligibility or knowingly hires or continues to employ someone not eligible to work in the U.S. maybe fined.

Employee may choose any combination of documents listed on the 1-9 Form to verify eligibility to work. These documents are listed in the federal Handbook for Employers available on the Web. Employers must accept whichever' legally qualifying documents the employee presents.

Employers are not responsible for determining if documents are false unless it is patently obvious that the document is counterfeit. In fact, they must accept a document which appears on its face to be genuine. However, based on recent court decisions, employers should compare all documents to those contained the Handbook for Employers in making this assessment.

Independent Contractors do not have to complete 1-9 Forms. The law does provide that anyone who knowingly uses an independent contractor to circumvent the law may be guilty of a violation.

If you receive information directly or indirectly indicating that a worker is not authorized to work you should take action immediately. Review your employee's work authorization documents, speak with the worker, and consult an attorney, If you confirm the employee is not authorized to work, contact legal counsel regarding the appropriate steps to suspend or terminate the employee.

Immigration officers who seek to interview employees, look at personnel records, or inspect the premises should have a warrant or subpoena, In the absence of a valid search warrant, employers should not consent to any of these searches without consulting legal counsel.

Fines for violations include:

Paperwork violations-- $100-$1,000 for each violation
Knowingly hire or continue to employ-- 1st violation -'$250- $2,000; 2nd violation $2,000- $5,000; 3rd violation -$5000 - $10,000
Criminal Pattern or Practice violation-fine of $3,000 or less per alien, Imprisoned six months or less

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