Compliance Tips for Employers

Compliance Concerning ALL Employees:

Do you conduct a risk assessment of all job applicants?

Do your hiring and interview personnel understand acceptable interview questions relating to citizenship and immigration status?

Do you have a climate of compliance to avoid employees violating immigration laws and employer sanctions laws?

Do you consider employment contract liability concerns when you sponsor a job applicant or an employee for a visa?

Do you have procedures for terminating non-citizen employees with a minimum of risk?

Do you have a policy regarding terminating employees who are found to be out of immigration status?

Do you have a policy regarding action to be taken if the company has suspicion or reason to believe an employee is not employment authorized?

Do you have policies to review non-citizen employee files when restructuring?

Do you have practices and relating training to ensure that the Form I-9 is properly completed, including document presentation, for all hires within 3 days of hire?

Do you have a policy about keeping copies of documents presented with Form I-9?

Do you have a system to track status expiration dates for foreign national employees and updating Forms I-9?

Do you have a policy regarding subcontractors and Forms I-9?

Do you have policies for training and supervision of your employees who are responsible for maintaining Forms I-9?

Compliance Concerning H-1B Employees:

Do you know what benching is and the associated penalties, including back pay?

Do you have policies and practices for properly terminating H-1B employees?

Do you know the laws and policies relating to layoffs for employers who have a permanent employment certification (PERM) for a sponsored employee or are H-1B dependent?

Do you have policies to amend petitions when there is a change in corporate structure, and name change?

Do you have a policy for documentation of "actual wage" and other wage requirements, including benefits, bonuses and hidden deductions?

Do you have a policy to review the H-1B employee file if there is a wage change, a change in the place of employment, a change in job duties or hours?

Do you have a policies for H-1B employee short term placement and transfers?

Do you have policies on how to handle a government site audit?

Who handles immigration-related compliance for your company? Do you have dedicated HR staff assigned to handle and review immigration-related compliance? Does your company have anyone assigned to supervise immigration-related compliance? Is immigration-related compliance generally assigned to an already overworked HR staff person? Do you pay your outside legal counsel $400--$1,000 an hour to advise your HR staff when HR staff has questions concerning employer sanctions laws and immigration-related compliance? Does your HR staff find it is easier to not ask questions concerning immigration-related compliance because HR staff doesn't want to incur a high legal fee expense? If your company pays your legal counsel $400 or more and hour, does your HR staff feel comfortable picking up the phone and calling the company's lawyers with HR staff's everyday questions?

When was the last time your executive management reviewed your company's employer sanctions laws immigration-related compliance practices? How often does your company conduct an in-house audit of your employer sanctions and immigration law-related compliance practices?

How much of your employer sanctions laws compliance and immigration law-related compliance falls on your HR person, HR staff, or HR Supervisor, and how extensive is the training you provide your HR staff for employer sanctions and immigration law-related compliance?

Goulder Immigration Law Firm in Greensboro, North Carolina provides immigration consulting to employer's human resource (HR) staff at very reasonable cost. We offer a 12-month retainer providing up to 5 hours immigration consulting for $750, and up to 8 hours of immigration consulting for $1,000. If retained by your company, we also are available to your HR staff by phone or for on-site consulting. Additional immigration consulting services are available, including training seminars for HR staff.