Employment Fraud and Immigration Laws
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What Is Employment Fraud in an Immigration Context?
In the context of immigration, employment fraud generally has to do with falsification of employment visa information. This can involve any number of different violations, and can involve either the employee or the employer who hired them. Employment visas generally require that the employer sponsor or petition the foreign national to work for them.
In this way, the worker is able to travel to the U.S. temporarily to perform the work. In some cases, the worker may be allowed to stay longer than normal or may be allowed adjust to a more permanent residency status. Employment-immigration fraud can occur within this special type of employee-employer relationship.
What Are Some Examples of Employment Fraud?
For the employee, some examples of employment fraud may include:
- Falsifying an employment visa application (fraudulent intent in an immigration application)
- Overstaying a work visa
- 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
- Failing to provide authorities with employee information
What Are Some Consequences of Employment Fraud?
Immigration fraud can lead to severe consequences. Employees may face removal hearings and other consequences. Employers who are caught assisting workers in immigration fraud may also face criminal charges (resulting in fines and/or jail sentences). Their business operating license may also be revoked or suspended.
Do I Need a Lawyer for My Employment Fraud Issues?
Employment fraud can often involve some very major immigration issues as well. You may wish to hire a qualified 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.
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Last Modified: 03-27-2014 04:32 PM PDT
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