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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.

Colorado's New Immigration Laws

July 14, 2006

As you have likely seen in the news, the Colorado Legislature recently called a special session geared mainly around the issues of illegal immigration in our state. The legislation that has emerged from these sessions represents an enhancement to Federal laws that are already in place. We are writing this letter to highlight some of the changes that will effect Colorado employers that employ non-citizens in their businesses.

It is important to note that immigration laws are Federal, and that states only have limited power in terms of what services can be restricted and what penalties to employers can be imposed. The new rules that specifically impact Colorado businesses are the following:

Employers must verify that they do not hire illegal immigrants before being eligible for economic development incentives. This bill is written to apply to any company who is currently a part of the incentive programs, as well as those who apply in the future.
Employers must copy the documents which establish a that workers hired have proper authorization to work. The state can audit and verify the proof. Firms that, with reckless disregard, fail to respond to a request for proof or who submits false or fraudulent documentation are subject to a $5,000 fine for the first offense, and a $25,000 fine for each subsequent offense. This provision takes effect on January 1, 2007.
Businesses that hire undocumented workers are prohibited from taking certain state tax deductions on wages paid to undocumented workers who were known to be without the legal ability to work at the time of hire.
Employers must withhold 4.63% State income tax for individuals whose compensation is reported on Form 1099 that have failed to provide a valid Taxpayer Identification Number.

Governor Owens has described the new laws as "giving teeth" to federal immigration laws. Although he has not signed these bills into law, it is generally expected that he will.

These new provisions will certainly alter both the hiring process and the day-to-day operations of certain businesses. For a more thorough discussion of these new laws, their impact on your business practices, and strategies for compliance, we encourage you to attend our advanced immigration seminar scheduled for October 6th. If you would like to discuss these changes before that time, please feel free to contact our office to make an appointment with an attorney in our office.

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