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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