Too many questions.
Hard to prove at this time.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
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.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
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 following information is intended for general informational purposes only and does not create an attorney-client relationship.