Christina M. Bauer, Specialized Legal Services
Have you review your immigration compliance? The following checklist will help you get started:
1. Internal Audit of I-9 Files. You should have an I-9 Form for every employee currently working for you who was hired after November 6, 1986. After employment is terminated, you should keep I-9 Forms for three years from date of hire or one year from date of termination, whichever is later. All forms should have both Section 1 and Section 2 completed and be signed and dated. If the employee had temporary work authorization, confirm that the work authorization was re-verified when it expired. This audit for compliance should be done at least annually. Check out our FYI Auditing I-9 Forms for more details.
2. E-Verify Compliance. If you are a federal contractor, confirm that you are in compliance with the E-Verify requirements of your federal contracts. If you are subject to E-Verify because of state law or a contract obligation, confirm that you are in compliance with the applicable requirements. This audit should be conducted annually.
3. Employer Sponsored Work Visas. If your company sponsors employees for work visas, review your compliance with the program requirements of the applicable visa program. This is especially important for companies that sponsor H-1B visas for employees. Check for compliance with Labor Condition Application (LCA) recordkeeping obligations and confirm that the H-1B workers are still working at the worksite and performing the duties that were designated in the petition filed with U.S. Citizen and Immigration Services.
4. Immigration Policy Reviews. Check that your company has written policies on immigration issues such as notice of social security no-match situations, falsified work documents, storage of immigration documents, and reverification procedures. If you have policies, review your compliance for the past year and fix any discrepancies you identify. If you don’t, consider whether that’s something to do in 2013.
5. I-9 Form Compliance Training. Consider including an I-9 compliance class in your training program. You can attend one of our regularly-scheduled classes, arrange for a customized on-site class, or do in-house training focusing on issues you identify as troublesome when you audit your compliance following steps 1 through 4.
6. Internal Audit of Colorado Affirmation Files. You should have a completed Colorado Affirmation Form for everybody currently working for you hired after January 1, 2007. They may be destroyed when employment terminates. Make sure you are using the current form with a revision date of September 6, 2012, which became mandatory on October 1, 2012. If you are missing forms, look at the instructions to the new form on the Colorado Department of Labor website before creating new ones.