Although the Presidential candidates will not be delving into all the volatile details of immigration in an election year, employers should tackle immigration issues to avoid monetary penalties and criminal sanctions. Here are twelve steps all employers should take in 2012 to comply with the myriad of immigration laws:
1. Conduct An Annual I-9 Audit
The I-9 audit should be conducted by someone other than the person responsible for completing I-9s because the individual completing I-9s often repeats the same error.
Correctable errors on the I-9 should be fixed, the change should be initialed and dated, and the words “Per Self Audit” should be placed beside the correction.
Some I-9 errors cannot be corrected. For example, if the employer completed Section 2 of the I-9 later than three business days from the employee’s first date of work for pay, the date cannot now be changed to show a timely completion.
2. Incorporate Immigration Policies in Handbooks
Ensure immigration policies are in place, up-to-date, and followed.
Develop and disseminate an immigration-related notification and response policy so all employees know how to handle unannounced government visits, including site visits from the H-1B Fraud Investigation Unit.
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Immigration Law Updates, Labor & Employment Law Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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