Legal Question in Immigration Law in California

Labor certification for unauthorized worker - chance of sanctions?

Recently, I discovered a good and trusted worker of mine is actually unauthorized to work legally in the US. Despite this, I'd still like to have him continue working for me and go ahead with a labor certification for him. It's my understanding that the information in the labor certification might be shared by the Department of Labor with the INS, and if so, his status will be discovered and I might be sanctioned for emplooying him. I'm in Los Angeles. For lawyers who are familiar with this issue, does the local INS really investigate this kind of situation, or will they just let the labor cert go through to the end?

Thank you!


Asked on 3/24/01, 5:32 am

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Labor certification for unauthorized worker - chance of sanctions?

Yes, there is a risk of sanctions for you but it's a small risk. In my experience in Los Angeles, I have only seen one or two such cases where the INS looked into the employer for employing the alien without authorization.

Liem Doan, Esq.

Read more
Answered on 5/28/01, 1:02 am


Related Questions & Answers

More Immigration Law questions and answers in California