Citations for ILW.COM's Seminar
Employer Compliance For Experts
Session 3 held on December 2, 2009
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From Cynthia Lange
Top 10 Pointers to prepare for an Immigration Raid
- Should establish a single point of contact within the company for I-9/immigration matters- May need to have more than just one person, depending on how large or decentralized the company is, for example, one person at the field level, one person at HR headquarters, one person in legal, ect.
- Make sure that they have a written and enforceable ("with teeth") I-9 compliance/immigration policy in place.
- Institute and carry out periodic mandatory I-9 trainings for all relevant staff, including recruiters/hiring managers/HR people.
- Periodic self-audits are recommended/outside audits by an Immigration Attorney are a must to ensure high standards of compliance.
- Written policy/process in place to deal with no-match letters-DHS just published latest version of the rule last month but will await outcome of pending litigation before being enforced- in the meantime- must not ignore no-match letters and act consistently with respect to all effected employees.
- Develop SOP in the event of a government raid/audit request (ie, the front door receptionist should be well training- counter impulse to turn docs over in a panic, be calm and composed)-clearly depends on nature of business.
- Review hiring practices and try and ensure that there are appropriate "checks and balances" in place- ie; consider a standardized and centralized hiring process, where possible.
- If unionized, need to understand what their obligations are via communications with the Union.
- For larger companies, should be prepared to deal with the adverse pr/marketing consequences of a government enforcement action.
- If in a targeted industry, discuss with the client the advantages and disadvantages of client participation in E-Verify.
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