The five year bar to admission applies regardless of whether an INS work authorization is later obtained by the employer since the U.S. Consulate will not issue the visa. Such an incident can also trigger an INS work site investigation into the employer's compliance with immigration employment practices, along with ensuing penalties. This can ultimately bar the alien's admission or re-entry to the U.S., regardless of whether an INS work authorization is later obtained. Such consequences can also result in the loss of valuable foreign employees, and the imposition of penalties. In such cases, the law provides a 120 days grace period.
Employers can expect increased random audits and inspections at their work sites.
A written policy expressing the employer's commitment to employ only persons who are legally authorized for employment in the United States should be in place and strictly observed. The I-94's are also useful in securing the required extensions of stay, in timely filing petitions, such as adjustment of status applications and labor certifications. T hese simple recommendations also prove valuable in the event the INS finds irregularities. The legal requirements need to be kept in mind when securing employment of foreign nationals for U.S. operations or when processing other employment-based petitions on behalf of workers. Adherence to INS procedures and laws must be taken seriously.