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Back to Basics – Top 10 Must Haves for Immigration Compliance

With the recent increase in immigration enforcement, significant penalties, and the potential for bad press, employers are well advised to create an immigration compliance program or give an existing program a facelift. Employers should be aware of the Top 10 Must Haves for Immigration Compliance: conduct a Form I-9 audit annually using outside immigration counsel; conduct annual Form I-9 training; conduct annual immigration compliance training for relevant employees; have a written document retention policy for Form I-9 and ensure it is being followed; implement electronic storage and/or electronic completion of the Form I-9; have a written Social Security No-Match Policy; review relevant E-Verify requirements annually; conduct an annual audit of your employees’ work visas, if applicable; ensure you’re your business team understands that corporate deals often have immigration consequences and that immigration must be part of your mergers & acquisitions due diligence checklist; and review your contracts with any contractor who supplies labor to the employer’s workforce to ensure that the contractor has appropriate responsibility for its own immigration-related obligations.

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