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trained in regulatory requirements, employer obligations based on visa types, and agency policies. Additionally, AEC firms should develop and maintain clear, written policies for how employees, both in the field and at headquarters, should interact with federal agents conducting worksite enforcement activities. If you have multiple active job sites, determine a primary compliance lead (a worksite liaison) for each location or regional office. This person should be the only employee authorized to interact with federal agents and review any legal documents presented. All employees should have the name and contact information of the designated worksite liaison and the backup. Employees should be trained to immediately notify these individuals if any law enforcement agents or federal inspectors arrive on-site or initiates contact. ■ Know your workforce. It is essential that companies understand their employment structure, including which workers are employed directly, which are contracted, and which hold temporary work authorization (e.g., H-1B, STEM OPT, or EAD). This determines what rules you are obligated to follow, what agencies may investigate, and what monitoring is needed to be in good standing. ■ Test the system. Conduct internal audits and documentation integrity. Maintain accurate and accessible records across all worksites. Review visa tracking procedures and verify that subcontractor documentation meets federal standards. Schedule check-ups in regular intervals as sudden and ongoing policy changes often require realignment of procedures. In addition to immigration-specific policies, ensure that all active worksites are in compliance with OSHA standards and that required safety and employment notices are clearly posted and up to date. This serves as preventative maintenance and provides assurance that your compliance framework can stand up under scrutiny. FIREPROOF COMPLIANCE: ALIGN PEOPLE AND PROCESSES. AEC firms that invest in proactive compliance measures are positioned to respond to enforcement actions with control and clarity, rather than confusion and crisis. To build that level of preparedness, companies often benefit from external support. Experienced immigration counsel can assist AEC firms by developing response protocols for worksite visits, conducting internal audits to identify and correct potential issues, training HR personnel, and helping ensure that workplace practices are consistent with current enforcement expectations. Nam Douglass, Esq., is a N.C. Board Certified Immigration Law Specialist and partner at Garfinkel Immigration Law Firm. Contact her at nam.douglass@garfinkelimmigration.com.
NAM DOUGLASS, from page 7
their workforce, and keep projects moving forward without disruption. CONSEQUENCES: CIVIL AND CRIMINAL LIABILITY. The expanded focus on workplace investigations increases scrutiny of employers, and any potential liabilities could come with serious consequences, including: Control Act, it is unlawful for employers to knowingly hire an unauthorized worker. Civil penalties range from $676 to $5,404 per worker for a first offense with subsequent offense fines rising as high as $27,000. Technical violations for improperly completed I-9 Forms also carry civil fines from $272 to $4,874 per individual, based on the number of violations and level of offenses. Additional fines apply for improperly requesting additional documentation from employees or accepting false documents. Repeat offenders also face debarment from federal contracts. ■ Civil violations. Under the Immigration Reform and Violations of H-1B and H-2B regulations are also subject to penalties through the Department of Labor, rising to more than $100,000 with a finding of willful or repeated violations. ■ Criminal violations. Employers may be held criminally liable for knowingly employing unauthorized workers or recruiting and facilitating their employment, particularly when there is a pattern or practice of hiring in violation of the law. Those in violation face a $3,000 fine per worker with severe fines from between $10,000 to $250,000 and prison sentences between six months and 20 years for senior staff and executives. Under statutes to criminalize “harboring undocumented aliens,” employers also face potential jail time. BUILD SAFETY PROTOCOL: ■ Compliance infrastructure. AEC firms must take proactive steps to ensure compliance through the development and implementation of clear, written policies. Response protocols should include step-by-step procedures for ensuring onboarding and employee verification processes align with immigration and federal discrimination laws; responsibility for monitoring work authorization of foreign national employees who require ongoing reverification; and documentation integrity across projects, offices, and geographies for all employees. Firms should also establish policies for subcontractors and vendors to prevent unauthorized employment. ■ Designate a response team. For internal quality assurance, assign clear responsibilities for human resource staff, project managers, field supervisors, and legal counsel to review and monitor compliance requirements to stay ahead of regulatory changes and meet internal guidelines. All responsible parties should be
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THE ZWEIG LETTER OCTOBER 27, 2025, ISSUE 1607
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