The immigration law imposes numerous record-keeping requirements on employers, even those who do not hire foreign workers. Since the Immigration Reform and Control Act was passed in 1986, all employers must verify employment authorization for all employees
Employer Compliance Overview
The immigration law imposes numerous record-keeping requirements on employers, even those who do not hire foreign workers. Since the Immigration Reform and Control Act was passed in 1986, all employers must verify employment authorization for all employees (except those hired prior to Novmeber 7, 1986). These requirements are often referred to as “I-9” requirements, after the government form which is used in the verification process (Form I-9). Complying with the employment verification requirements is made difficult by the fact that the legacy INS, and now the Department of Homeland Security has failed to update the I-9 employment verification form, and published instructions for nearly fifteen years. Since this time, the law has changed dramatically. Our Employer’s I-9 Employment Verification Manual provides guidance on how to complete I-9 records in the absence of government instruction, as well as best-practices and troubleshooting ideas for problematic I-9 scenarios.
Employers who hire workers pursuant to H-1B status are faced with additional, and much more complicated record-keeping and compliance requirements which are imposed by the Department of Labor pursuant to the Immigration Act of 1990, and the American Competitiveness and Workforce Improvement Act of 1998. In addition to posting notice of the H-1B position, employers of H-1Bs must create and maintain a public access file containing signed attestations demonstrating that the employer has complied with legal requirements for employing H-1B workers, as well as information regarding the H-1B worker’s salary and benefits. Employers must also keep copies of the H-1B petition, records of the H-1B worker’s business trips and any off-site employment projects.
Employer Compliance Resources
Nonimmigrant Workers, Export Controls, and Export Licenses FAQs:
What are export controls and what do they have to do with immigration? Export Control FAQs
What are the pros and cons of enrolling in E-Verify? E-Verify FAQs
H-1B Employer Site Visit FAQs
Over the last several weeks, The DHS has significantly increased the number of investigations, or “site visits,” of employers who sponsor foreign nationals for H-1B nonimmigrant status. Please refer to our FAQs to prepare your company for a DHS site visit … More