Immigration Attorney Boston MA
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I-9 COMPLIANCE, EMPLOYER SANCTIONS, RAIDS & AUDITS


Corporate Compliance Programs

It is critical for employers to understand, implement and execute, document their execution of, internal immigration compliance programs that encourage due diligence at all levels of the organization.

The US Immigration & Customs Enforcement (ICE) has initiated a strategic shift in the way it approaches enforcement of the immigration laws.  Rather than relying on the traditional use of administrative fines for I-9 violations, ICE is bringing criminal charges against employers and seizing their ‘illegally derived’ assets.  More employers are being charged with money laundering, harboring, and violations of Racketeering, etc.  Convictions on these charges can result in prison sentences of up to 20 years.  The US Sentencing Commission Federal Sentencing guidelines for organizations provide judges with a basis to determine the extent of the criminal sentences imposed on employers for violations of employer immigration laws.  As a result, it is 
A corporation acts through its ‘agents’ and is liable criminally for all actions of its employees or corporate executives or officers who conduct illegal acts.  This is true provides that the actions of corporate agents were within the scope of their duties and were intended, at least in part, to benefit the corporation.

Whether a corporation will be indicted will depend on a number of factors:
  • How widespread the activity was
  • The complicity or condemnation of the wrongdoing by corporate management
  • How high up and how extensive the complicity of management was
  • Timely and voluntary disclosure of wrongdoing and cooperation in investigation
  • The existence of a pre-existing compliance program, and
  • Remedial actions – including an effective compliance program, replacing responsible management, and termination of wrongdoers.

The statute makes it a crime for any person, including a corporation to:
  • Knowingly or in reckless disregard of the fact that the alien has come to or remains in the USA in violation of law;
  • Conceal, harbor or shield that person from detection or facilitate the alien remaining in the USA illegally or conspire to do so.

Clearly, it behooves employers to ensure they have a ‘pre-existing’ immigration policy in place to benefit from the provisions of the federal sentencing guidelines. To maximize such benefits, the policy should be in writing and clearly state the goal of the organization is to comply with all federal, state and local immigration laws.

In light of the increase enforcement of both civil and criminal immigration laws, as well as the amended sentencing guidelines and heightened executive responsibilities, employers should ensure that their codes of conduct and immigration compliance policies are capable of providing maximum protection for their organization. 

The Law Office of Brian T O’Neill can provide the tools you need to make the most informed decisions about Federal Employment Work site Compliance programs, ICE investigations, raids, I-9 work site audits, civil and criminal penalties and violations, etc.

Call the Law office of Brian T. O’Neill at 617-722-4000 or contact us online. We will gladly answer your questions or schedule a consultation.

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 What Our Clients Say

"I am counsel for a rapid growth software company that was recently acquired by Google. During periods of high employee growth, my company hired multiple foreign nationals and I needed a firm that was able to process visa & green card applications with very short notice. I retained Brian O'Neill, Jr. in 2001 based on a recommendation from a colleague. I was immediately impressed with how the firm handled my matters and since 2001 I have exclusively used them for immigration matters. Brian has processed countless visa and green card applications with a 100% success rate. I have since referred friends and colleagues to Brian O'Neill, Jr. and Brian O'Neill, Sr. and I have no hesitation in providing a testimonial as they are experts in immigration related matters."
Craig Stelmach, Business Manager at ITA Software, Inc. Cambridge MA

Contact Us

Boston Office
​50 Congress Street, Suite 236
Boston, MA 02109
Phone: 617-722-4000
Fax: 617-523-7837
Email: 
​
btoneill@btolaw.com

North Easton Office
201 Main Street
2nd Floor
North Easton, MA 02356
Phone: 508-297-0876
Fax: 617-523-7837
​Email: 
​boneill@btolawpc.com

Hours
Monday-Friday 
9:00 a.m.-5:00 p.m. 


THE BOSTON IMMIGRATION LAW OFFICES OF BRIAN T. O'NEILL, PC (C) 2019
  • Home
  • ABOUT US
  • Meet our Team
  • Legal Services
    • Non-Immigrant Visas >
      • Filing H-1B Petitions 2021
      • H-1B
      • L-1
      • O-1
      • E-1-2
      • R-1
      • TN
      • J-1&H-3
      • H-2B
      • B-1
      • B-2
      • Student-Visas
      • Family-Visas
    • Immigration Visas >
      • Employment Green Card
      • Family Green Card
      • Green Card Renewals
      • Marriage Based Green Card
    • Citizenship & Naturalization
    • I-9 Compliance / Employer Sanctions
    • Removal Deportation
    • Inspections, Admissions and Exams
    • Motions to Re-Open and Reconsider
    • Appeals to BIA
    • Other Legal Information >
      • Federal Court Immigration Litigation
      • Passport Renewals
      • Special Programs
  • Resources
  • Contact Us
  • Immigration News and Updates