Immigration Solutions is pleased to announce its new package of Employer Compliance Solutions and Services
Why wait until —
- The government notifies your company that it is to produce all of its I-9 forms and related documents for audit …
- Or, the government notifies your company that it is to produce all of its H-1B public access files and related documents for audit …
- Or, your company receives a Social Security No-Match Letter,
Consider the following:
Hiring managers and human resource professionals know the value of degreed skilled worker foreign nationals, especially in the science, technology, engineering and healthcare occupations. As the workforce becomes more global in scope, employers are increasingly learning that it is essential to understand and effectively adhere to immigration compliance laws and regulations.
The trend toward increased scrutiny of immigration employment practices will likely continue in the foreseeable future. So for now, it’s imperative that employers place their attention on several important areas that require knowledge, training and compliance:
I-9 Employment Eligibility Verification Form. The mechanism for employment verification compliance is the I-9 Employment Verification Form which every worker must complete on the day of hire or earlier.
The employee must complete the first section of the I-9 form and must provide the required supporting documents within three days of the date of hire. If the documents are not presented by that point, the employee must be removed from the payroll (though it is permissible to suspend the worker rather than terminating the worker all together).
SSN No-Match Letters. A Social Security “no-match letter” is a notice sent by the Social Security Administration (“SSA”) to employers and employees to inform them that the employee name or Social Security number listed on an employee’s W-2 does not match the SSA records.
The no-match letter is not a notice that the employer or employee has done anything wrong. SSA mismatches may have many root causes, including failure to inform the SSA that a name change has occurred, typographical errors, an error within the SSA database, and individuals who present false social security numbers or use another person’s social security number when completing hiring paperwork.
E-Verify. E-Verify is an Internet-based system operated by the DHS in partnership with the SSA that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify virtually eliminates SSA mismatch letters, improves the accuracy of wage and tax reporting, protects jobs for authorized U.S. workers, and helps U.S. employers maintain a legal workforce. E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.
H-1B / LCA Compliance. The American Competitiveness and Workforce Improvement Act (“ACWIA”) requires all employers that employ foreign workers in H-1B nonimmigrant visa status, to post an approved Labor Condition Application (“LCA”) for ten days in two “conspicuous” locations at the worksite where the H-1B worker will be employed. The employer must attest that the wage offered to the applicant is at least as high as that paid by the employer to current employees for the same type of job, and the number equals or exceeds the prevailing wage for the job in the same geographical area; that working conditions will not adversely affect those workers similarly employed; that there is no strike or lockout at the employer’s premises; and that the notice of the LCA has been given to current employees.
Additionally, employers which employ foreign workers in H-1B nonimmigrant visa status are also required to maintain a “public access file” containing certain information regarding the employee’s wages and the employer’s compliance with the LCA. Maintaining a public access file is an integral part of complying with H-1B laws.
Pre-Merger & Acquisition Due Diligence. While a closing may be a cause for celebration at a company, it can also be the cause of a nightmare for a company since it can instantly render all completed
I-9s for an acquired company invalid. If the acquiring company does not assume all the assets and liabilities, then the I-9s will likely not transfer.
In a merger case where the acquiring entity is a successor-in-interest, new I-9s will not be needed. However, I-9s should be checked in the due diligence process to ensure the acquired I-9s are in good shape.
Employers should consider adding I-9s to a merger checklist and have all employees of the combined company complete I-9 forms on the day of closing or beforehand.
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Immigration Solutions works proactively with its clients to provide comprehensive assistance in developing and maintaining best practices necessary to assure compliance with USCIS, SSA and DOL regulations.
Employer compliance is becoming more complex and enforcement (investigations and audits) is increasing. In order to effectively deal with these issues and avoid the very severe consequences for non-compliance, employers must take the time to develop a strategy and be prepared in advance with an Immigration Compliance Program.
Immigration Solutions will customize such a program for you and will provide onsite or telephonic training, consulting, and document auditing in all of the areas mentioned above, as well as provide ongoing compliance updates. For more information on our services, please contact us at info@immigrationsolution.net
