Employment fraud can occur in any number of ways. An employer can commit employment fraud by making false representations regarding employment associated with a job such as better employment or higher wages. It can also be committed by recruitment agents who claim to be recruiting you for a job that doesn’t actually exist.
What is Immigration Law?
Immigration law is the complex body of law that refers to the rules that are established by the federal government. They dictate who is allowed to enter the country and for how long. Each nation has its own immigration laws.
What is Employment Fraud in an Immigration Context?
Employment fraud in the immigration context typically relates to falsification of employment visa information or abuse of various visa programs to hire foreign workers at the expense of American workers.
For instance, the H-1B program helps U.S. companies recruit foreign-nationals for specific types of jobs if there is a shortage of qualified workers in the U.S. Often this type of employment is abused by American companies who pass-up qualified American employees in order to pay foreign nationals less than their American counterparts.
In other instances, a foreign worker may be hired to work in the U.S. and allowed to reside in the U.S. temporarily while performing the work. If an employer falsifies the foreign employee’s visa information, the employee may be allowed to stay longer than normal or allowed permanent residence depending on the situation.
It’s important to note that an employee may also commit employment fraud by purposefully falsifying his or her information in order to enjoy some benefits of living and working in the United States.
What are the Most Common Types of Immigration Employment Fraud?
There are a number of types of employment fraud. Below is a list of the more common types of fraud committed by employees:
- Falsifying an employment visa application (fraudulent intent in an immigration application);
- Overstaying a work visa; and/or
- Continuing to work in the U.S. if they are no longer sponsored, or if their sponsoring company no longer exists
For employers, employment fraud can include actions such as:
- Hiring illegal immigrants;
- Disregarding alien labor certification requirements (this can sometimes be an extensive process);
- Falsifying hiring and enrollment numbers and data; and/or
- Failing to provide authorities with employee information.
What are the Penalties for Committing Employment Fraud?
As with any type of fraud, committing employment fraud can lead to serious consequences. Employers may face criminal charges by way of monetary fines or even jail time. Further, they can have their business license revoked. Employees who commit immigration employment fraud can lose their work visa and be deported.
Should I Seek Legal Help?
Employment fraud can often involve some very major immigration issues as well. You may wish to hire a knowledgeable employment lawyer or immigration lawyer if you have any legal concerns or issues involving employment and immigration laws. A lawyer in your area can help determine which issues might be at play in your situation. Your attorney will be able to advise you on what to do, and can represent you in the even that you need to appear in court or before an immigration judge.