Immigration Compliance for Turkish Employers in the US 2026: I-9, H-1B, and Worksite Enforcement

Turkish companies that employ workers in the US — whether US citizens, permanent residents, or foreign nationals on work visas — have significant immigration compliance obligations. ICE (Immigration and Customs Enforcement) worksite enforcement has intensified in recent years, and Turkish employers must be prepared for audits and inspections.

Every US employer must verify the employment eligibility of every employee hired after November 6, 1986, using Form I-9. The I-9 process requires:

1. Employee completes Section 1 on or before the first day of employment
2. Employer completes Section 2 within 3 business days of the employee's first day of work
3. Employer examines original documents from the List of Acceptable Documents

• Failure to complete I-9: Not completing I-9 for all employees
• Late completion: Completing Section 2 after the 3-business-day deadline
• Improper document review: Accepting documents that are not on the List of Acceptable Documents, or rejecting valid documents
• Failure to re-verify: Not re-verifying employees with temporary work authorization when their authorization expires
• Improper retention: Not retaining I-9 forms for the required period (3 years from hire date or 1 year after termination, whichever is later)

Civil penalties for I-9 violations range from $281 to $2,789 per violation for paperwork violations, and $698 to $27,894 per violation for knowingly hiring or continuing to employ unauthorized workers. Criminal penalties apply for pattern or practice violations.

ICE conducts I-9 audits (Form I-9 Notices of Inspection) with little or no advance notice. Turkish employers should:

• Conduct annual internal I-9 audits
• Correct technical violations before an ICE audit
• Maintain I-9 forms in an organized, accessible manner
• Train HR staff on I-9 procedures

USCIS has established a permanent alternative procedure for remote I-9 verification for employers enrolled in E-Verify. Turkish employers with remote workers should assess whether to enroll in E-Verify to use the remote verification procedure.

E-Verify is an internet-based system that allows employers to verify the employment eligibility of newly hired employees by comparing information from the employee's I-9 to government records.

Mandatory for some employers: Federal contractors and subcontractors are required to use E-Verify. Some states require E-Verify for all employers or for employers above a certain size.

Voluntary for most: Most private employers are not required to use E-Verify, but enrollment provides some protection against I-9 liability.

Turkish employers that sponsor H-1B workers have significant ongoing compliance obligations beyond the initial petition.

The LCA is the foundation of H-1B compliance. By filing an LCA, the employer attests to:

• Paying the H-1B worker the required wage (the higher of the actual wage paid to similarly employed workers or the prevailing wage for the occupation in the area of employment)
• Not displacing US workers
• Not placing the H-1B worker at a worksite where there is a strike or lockout
• Providing working conditions that will not adversely affect similarly employed US workers

Employers must maintain a Public Access File (PAF) for each H-1B worker, available for public inspection. The PAF must contain:

• A copy of the LCA
• Documentation of the wage rate
• A summary of the benefits offered to US workers in the same occupational classification
• Documentation of the prevailing wage determination

Failure to maintain a PAF can result in civil money penalties and debarment from sponsoring H-1B workers.

If an H-1B worker will work at a new worksite not covered by the existing LCA, the employer must file a new or amended LCA (and potentially an amended H-1B petition) before the worker begins work at the new location.

If an H-1B worker's employment is terminated before the end of the authorized period, the employer must:

• Notify USCIS of the termination
• Pay the reasonable cost of the worker's return transportation to their home country

Failure to pay return transportation costs can result in liability.

Turkish companies that transfer employees to the US on L-1 visas must ensure:

• The employee maintains a qualifying relationship with the Turkish entity throughout the L-1 period
• The employee is performing qualifying managerial, executive, or specialized knowledge duties
• The US entity continues to qualify as a qualifying organization

ICE can conduct worksite inspections with administrative subpoenas or warrants. Turkish employers should:

• Designate a point of contact for ICE interactions
• Train managers on how to respond to ICE agents
• Know the difference between administrative and criminal warrants
• Consult with immigration counsel before allowing ICE access beyond what is legally required

• Maintain organized I-9 records
• Conduct regular internal audits
• Correct known violations proactively
• Maintain records of good-faith compliance efforts

Our immigration attorneys conduct I-9 audits, train HR staff on I-9 procedures, advise on H-1B compliance, and represent Turkish employers in ICE investigations and DOL audits.

This article is for informational purposes only and does not constitute legal advice. Immigration compliance requirements are complex and subject to change; please consult qualified immigration counsel for advice specific to your situation.