Legal Question in Immigration Law in New York

Re: Immigration Status of Employees

Employer is clearly responsible for the immigration status of its employees. Failure to verify employment status and maintain appropriate records would subject employer to penalties in the event of a I-9 audit. Responsibility for independent contractors and agents of contractors is a controversial topic. There may not be legal responsibility for the failures of contractors to comply with their own obligations but as folks know from the Walmart debacle there might be other implications of permitting aliens without employment authorization do work on your premises/project. It would probably be wise to have contracts specify that contractors acknowledge their compliance obligations and represent that they are in compliance with IRCA.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.