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Asked 9 months ago - Hillsboro, OR
Flagif business brought someone here from another country for a summer of work with intention of working at the company for the summer knowing he came on a tourist visa. all planned out before hand. can the business get in trouble if the person has gone back home at end of summer? what is the penalty for this kind of thing? will the INS or other agency act on word of someone? or check emails? or flight info etc? the person is gone now. business owner had the person living in his home during the time. will the spouse get in trouble for this kind of thing because the illegal employee lived in their house if the husband arranged this whole thing.? was as a business favor for a business contact to give experience to the business contacts's adult child. how can spouse protect self if so?
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You should contact an immigration attorney to help you through this situation. The business may still be on the hook regardless of whether the worker went back home. Without the proper work authorization for the worker such as an H2-B, the business owner is subject to penalties. Such penalties could include fines and even imprisonment for not more than 10 years depending on which provisions apply under INA: Act 274 [8 U.S.C. 1324]. The business owner may be found to have violated INA 274(a)(1)(A)(iv) which prohibits a person from encouraging or inducing an alien to come to, enter, or reside in the U.S. knowing that it will be in violation of law. In the case of this type of violation, the owner may be fined and/or imprisoned not more than 5 years.
The short answer is yes, the company can be in trouble with Immigration for hiring a person without authorization to work in the US. ICE does not need a lot of evidence. The agency can issue a subpoena for all the records and equipment the company has. This is enforceable through federal court if the business fails to comply. There are civil monetary and criminal penalties that can be lodged. Hire an experienced attorney to help.
