Three Things Every Employer Should Know About U.S. Immigration

Hiring and retaining a workforce in today’s environment often means navigating the intersection of employment and immigration law. While every situation is unique, understanding a few key responsibilities can help you avoid costly mistakes and keep your workforce plans on track. There are three fundamental points all U.S. employers should keep in mind: 

1. Work Authorization Verification Is Required
   Federal law requires all employers to verify that every new employee is authorized to work in the U.S., whether the individual is a U.S. citizen or not. This is done through Form I-9, which must be completed within the first three business days of employment. Employers must keep these forms on file and make them available for inspection if requested. Failure to comply can result in civil fines, loss of government contracts, or even criminal penalties for repeated violations.

2. Sponsorship Brings Legal Responsibilities
   If your business sponsors a foreign national for a temporary work visa or permanent residency (green card), you’re taking on obligations beyond just offering a job. These may include paying prevailing wages as determined by the Department of Labor, covering certain legal and filing fees, and complying with recordkeeping and notice requirements. In some cases, you may also be responsible for the employee’s return transportation costs if their employment ends early. Not meeting these obligations can lead to audits, penalties, or jeopardize your ability to sponsor future employees.

3. Immigration Rules Change Frequently
   U.S. immigration law is not static. Policy shifts can occur through federal regulations, executive actions, or court rulings, sometimes with little notice. For example, recent years have brought changes in visa processing times, increased scrutiny of employment-based petitions, and evolving rules on remote verification of I-9 documents. Because the landscape shifts so frequently, employers who partner with experienced immigration counsel are better positioned to remain compliant and make informed workforce decisions.

Bottom line: Immigration compliance is not optional, and it’s not simple. But with awareness of these core principles—and the right legal guidance—you can reduce risk and focus on building your team with confidence.

The immigration team at Woods Fuller is here to help employers understand their obligations and navigate the complexities of workforce planning. Contact us to learn more.