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Employer Immigration Compliance Checklist

Written By The Shapiro Law Group on October 14, 2014

When an employer hires foreign nationals, it must make sure that it complies with various immigration requirements. The following is an immigration compliance checklist for employers to review as part of the human resources and hiring process.

Has employer complied with E-Verify procedures?

Although E-Verify is an optional program, those employers that choose to use E-Verify are obligated to comply with certain legal requirements, including the following:

  • If an employee receives a “tentative non-confirmation” (or TNC), the employer must offer the employee an opportunity to challenge the finding by reporting to the designated agency (USCIS or SSA). If the employee chooses to challenge the finding, the employer is prohibited from terminating the employee for failure to obtain E-Verify authorization, unless and until the employer receives a final non-confirmation. On July 1, 2013, USCIS announced that E-Verify will provide email notification to employees of a TNC at the same time it notifies the employer.
  • Employers can only use E-Verify to check new hires, and cannot use the system to pre-screen employees.
  • Employers must use E-Verify within 3 days of the employee’s start date.
  • Employers must post a notice informing prospective employees that they are an E-Verify participant, as well as an Anti-Discrimination Notice issued by the Department of Justice, Office of Special Counsel, that is visible to all prospective employees.

Has employer complied with I-9 requirements?

Form I-9 is used to document the verification of identity and employment authorization of each new employee in the U.S. With respect to I-9, employers must:

  • Allow the employee to choose which documents to present for verification.
  • Refrain from requesting more documents than necessary.
  • Physically examine each original document the employee presents to determine if it reasonably appears to be genuine and to relate to the person presenting it. The person who examines the documents must be the same person who signs Section 2 of the Form I-9. The examiner of the documents and the employee must both be physically present during the examination of the employee’s documents.
  • Record the document title shown on the Lists of Acceptable Documents, issuing authority, document number and expiration date (if any) from the original document(s) the employee presents.
  • Provide the employee’s first day of employment under “Certification.”
  • Provide the name and title of the person completing Section 2 in the Signature of Employer or Authorized Representative field. Sign and date the attestation on the date Section 2 is completed.
  • Record the employer’s business name and address.
  • Return the employee’s documentation.
  • Refrain from using pre-populated information for Section 1 if using electronic software for I-9 completion, storage, and compliance.

Is employer prepared for a potential L-1A site visit?

Earlier this year, the USCIS announced that it will be conducting worksite inspection visits of L-1 employers as part of its Fraud Detection and National Security (FDNS) Division’s Site Inspection Program. Employers should be prepared for potential site visits by:

  • Making sure that all receptionists are aware of procedures regarding USCIS site visits.
  • Preparing the company’s immigration managers for L-1 site visit procedures, including obtaining the inspector’s identification and business card.
  • Having copies of employee driver’s licenses, business cards, paystubs, and Form W-2s available.
  • Designating a manager to handle L-1 site visits.

Is employer prepared for a potential H-1B site inspection?

As part of its fraud prevention programs, USCIS also conducts random H-1B site inspections. Employers should prepare for possible site inspections by:

  • Designating a company contact to interact with immigration officials during the inspection.
  • Review all H-1B files to ensure compliance and up-to-date information.
  • Preparing the company’s immigration managers for L-1 site visit procedures, including obtaining the inspector’s identification and business card.
  • Having copies of employee driver’s licenses, business cards, paystubs, and Form W-2s available.

Contact an Immigration Lawyer

An immigration lawyer can be integral in helping to ensure that your business is in compliance with various immigration requirements. Contact Shapiro Law Group at (847)564-0712 to speak with our employment immigration attorney about employer compliance with immigration laws.