Workplace compliance in Georgia: what you need to know
about i9
If you’re an employer in Georgia, then you already know that compliance with the law is
extremely important. In fact, the U.S. Citizenship and Immigration Services (USCIS) requires that
any non-citizen applying for employment authorization prove they have completed Form i9 and
workplace compliance within three business days of being hired—including any employee
working on an H-1B visa or visa extension application, regardless of their country of origin or
date of hire.
Why i9 Is Important
After receiving a letter of approval from DHS, your
company will be considered an approved
participating employer. As such, it will be required
to conduct I-9 inspections on a recurring basis. If a
violation is discovered during one of these
inspections, your business could face stiff penalties.
Moreover, it's better for both employees and employers alike if proactive measures are taken
instead of waiting for government agencies to intervene. For more information on how
workplace compliance in Georgia can help you avoid financial and legal issues with DHS, visit our
website today!
How to Complete the Form I-9,
Employment Eligibility Verification
In order to complete your Form I-9, employers are
required by law to verify that all new employees
are authorized to work in the United States. To do
so, we provide each new employee with a list of
acceptable documentation for completing Section
1 of Form I-9. The list consists of both documents issued by federal or state governments as well
as employer provided paperwork. For instance, if an employee presents a passport and social
security card, an employer should accept both because they're valid forms of identification
under Section 2 of Form I-9. But if an employee presents only a picture ID from their home
country along with a foreign driver's license and no other documents, only one should be
accepted because it's enough proof that they're legally able to work in America.
Creating an Affidavit of Support
Understanding I-864, I-134, and Affidavits of
Support. If your prospective immigrant is coming
from a country that is not a participant in CIR, then
he or she must provide evidence of sufficient
financial standing. The U.S. government does not
have a specific formula for i9 and workplace
compliance determining whether an immigrant has sufficient financial standing; rather, it focuses
on several key factors (including income and assets) when reviewing an immigrant’s application
for legal permanent residency. The following guide will take you through some of these key
factors so that you can better understand how they impact your own case and can start working
on your affidavit of support paperwork sooner rather than later!
Completing the I-129, Petition for Alien
Worker
What exactly goes into filling out an I-129, Petition
for Alien Worker? Sure, there are only three
primary fields (name of petitioner, name of
beneficiary and place of employment) but when it
comes to filling out government forms—things get complicated. Before you start to fill out your
I-129 form, make sure that you have all information in front of you and double check everything
for accuracy. There’s nothing worse than being surprised with a missing or incorrect entry on
your petition. It could cause a delay or even rejection of your petition which means more time
wasted. Do yourself a favor and read through our handy guide on how to fill out each section
correctly!
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Being Ready on Day One – Form I-94,
Arrival/Departure Record
If a citizen of Canada or Mexico with Permanent
Resident status is being sponsored by an employer,
they may be eligible for a special class of visa (Form
I-94) that allows them to work for their sponsor
until they receive their Green Card. Upon receipt of
a Green Card, they will be required to fill out Form I539 and apply for Employment Authorization through USCIS. This can take 6 months or more so
it is best to get started as soon as possible. Working on an unexpired visa without employment
authorization can lead to fines and/or imprisonment. Many small business owners forget that it
takes between 6-12 months on average for a new hire’s background check results to come back
from FBI and other government agencies.
Working with a Lawyer to Start Your Small
Business or Hire an Employee (Optional)
This is an optional step. Hiring a lawyer early on
may make sense if you're planning on establishing a
corporate entity for your business or hiring employees (that's above and beyond your typical
client or contractor relationships). It can be helpful for various reasons—from establishing
appropriate employee-employer relationships to drafting contracts—and just helps with laying
out a solid foundation from which to build from. However, remember that many lawyers operate
by charging an hourly rate; they won't help develop your business plan or advise on finances and
growth strategies. Be sure you understand their role in relation to those matters before signing
anything.
Filing Forms I-539, Change of Status; I-765,
Application for Employment
Authorization; and G1041, EAD
Supplement.
The vast majority of non-citizens looking to change
their status will file for either employment
authorization or an extension on their work visa.
Before filing for these documents, it’s a good idea to call your local USCIS office and confirm that
you are eligible (i.e., have not exceeded their 180-day limit on continuous employment) and that
there is no quota on your particular category (if applicable). Certain categories may be subject to
a fee. After confirming eligibility, it’s time to file I-539, along with supporting documentation
such as Form I-797 Notice of Action (formerly known as a receipt notice), which tells you when
your application was received by USCIS; Form I-765 Application for Employment Authorization;
and G1041 EAD Supplement.
Registering your business with Dun &
Bradstreet (optional)
The Dun & Bradstreet D-U-N-S number is a 10digit identification number that provides
companies with a unique identifier used for
business identity validation and tracking. This helps businesses maintain trustworthy reputations
and grow their business. Registering your company's DUNS number is optional, but highly
recommended because it gives your company credibility with customers. The first nine digits of a
DUNS Number are assigned by Dun & Bradstreet, Inc., and can be obtained free of charge at its
website. Your company must register with Dun & Bradstreet before it can receive its DUNS
Number.
For more details: http://athensimmigrationlawyers.com/athens-i9-and-workplace-compliance/