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Immigration Immigration Compliance to Avoid Compliance to Avoid Hidden LandminesHidden Landmines

SCCE Compliance and Ethics InstituteSCCE Compliance and Ethics Institute

Monday, September 12, 2011Monday, September 12, 2011

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IntroductionsIntroductions

�� Allison SmithAllison Smith–– Managing Director, HR OperationsManaging Director, HR Operations

–– US AirwaysUS Airways

�� Sarah AstaSarah Asta–– Director and Assistant General CounselDirector and Assistant General Counsel

–– US AirwaysUS Airways

�� Michelle AusdemoreMichelle Ausdemore–– PrincipalPrincipal

–– Ausdemore Law Group, P.C.Ausdemore Law Group, P.C.

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General Overview of ImmigrationGeneral Overview of Immigration

�� Goal of the Government…Goal of the Government…

–– Have people here legally, working legally.Have people here legally, working legally.

�� Companies are Companies are requiredrequired to pursue significant to pursue significant compliance efforts to ensure, maintain, and compliance efforts to ensure, maintain, and prove a lawful workforce.prove a lawful workforce.

�� A company’s careful compliance with A company’s careful compliance with immigration rules, regulations, immigration rules, regulations, and policies will help to and policies will help to avoid hidden landmines.avoid hidden landmines.

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The Hidden Landmines in Immigration Compliance The Hidden Landmines in Immigration Compliance Efforts: Factors Causing Today’s Significant Liability Efforts: Factors Causing Today’s Significant Liability

in Immigration Compliance Arenain Immigration Compliance Arena

�� The IThe I--9 employment eligibility 9 employment eligibility process appears simple, but it process appears simple, but it isn’t. The government’s Employer isn’t. The government’s Employer Handbook providing instructions Handbook providing instructions on Ion I--9 Completion, the M9 Completion, the M--274, is 274, is 64 pages long. See 64 pages long. See www.uscis.govwww.uscis.gov for copies of the for copies of the MM--274.274.

�� The IThe I--9 employment verification 9 employment verification process has traditionally been process has traditionally been delegated to entrydelegated to entry--level HR level HR personnel or front office personnel personnel or front office personnel with high turnwith high turn--over rates and little over rates and little training.training.

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�� During the past 10 years, IDuring the past 10 years, I--9 compliance, audits 9 compliance, audits and training have NOT been a priority for HR and training have NOT been a priority for HR Departments as employer audits and Departments as employer audits and government enforcement actions against government enforcement actions against employers were uncommon. employers were uncommon.

�� Since 2009, there has been a seismic shift in Since 2009, there has been a seismic shift in enforcement trends. The government now enforcement trends. The government now prioritizes worksite enforcement actions against prioritizes worksite enforcement actions against employers. Between January 2009 and October employers. Between January 2009 and October 2010, ICE audited 3200 employers and imposed 2010, ICE audited 3200 employers and imposed $50 million in financial sanctions.$50 million in financial sanctions.

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A) Seismic Shift in Immigration Enforcement A) Seismic Shift in Immigration Enforcement ––Government Now Focuses on EmployersGovernment Now Focuses on Employers

�� Particular focus on employers who knowingly Particular focus on employers who knowingly employ unauthorized workers. employ unauthorized workers.

�� ICE increases criminal prosecutions of ICE increases criminal prosecutions of employers.employers.

�� Continued increase in IContinued increase in I--9 audits and employer 9 audits and employer enforcement initiatives.enforcement initiatives.

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�� In 2011, the government created the In 2011, the government created the Homeland Security Investigations (HSI) Homeland Security Investigations (HSI) Employment Compliance Inspection Employment Compliance Inspection Center (ECIC) as support to the local Center (ECIC) as support to the local offices for large Ioffices for large I--9 audits. ECIC reviews 9 audits. ECIC reviews II--9s for compliance, conducts checks on 9s for compliance, conducts checks on immigration documents, reviews immigration documents, reviews documentation for aggravating and documentation for aggravating and mitigating circumstances, and mitigating circumstances, and recommends penalties to the field offices. recommends penalties to the field offices. The ECIC auditors typically have The ECIC auditors typically have accounting training and are focused more accounting training and are focused more on the strict review of the Ion the strict review of the I--9 for 9 for accuracy.accuracy.

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�� USCIS Office of Fraud Detection and Notification USCIS Office of Fraud Detection and Notification Service routinely conducts worksite visits to Service routinely conducts worksite visits to verify information contained in Hverify information contained in H--1B 1B applications. applications.

�� Continued tightening of adjudicative Continued tightening of adjudicative interpretations at USCIS for Hinterpretations at USCIS for H--1Bs, L1Bs, L--1s and 1s and other employmentother employment--based visa categories.based visa categories.

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B) What Should Employers do to Avoid B) What Should Employers do to Avoid Hidden Landmines in Immigration Hidden Landmines in Immigration

Compliance?Compliance?

�� Create corporate compliance cultureCreate corporate compliance culture

�� Draft effective IDraft effective I--9 policies9 policies

�� Establish training programs Establish training programs –– who receives Iwho receives I--9 9 training and how often?training and how often?

�� II--9 Audits 9 Audits –– internal, attorney, third partiesinternal, attorney, third parties

�� Enforce compliance rulesEnforce compliance rules

�� Investigate allegations Investigate allegations

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�� Evaluate receipt of Social Security NoEvaluate receipt of Social Security No--Match Match letters and resolve.letters and resolve.

�� Establish protocols for handling site visits by Establish protocols for handling site visits by government agencies.government agencies.

�� Review subcontracts for immigration compliance Review subcontracts for immigration compliance measures and establish requirements for measures and establish requirements for subcontractors.subcontractors.

�� Assure compliance with EAssure compliance with E--verify requirements.verify requirements.�� Monitor state law verification requirements. Monitor state law verification requirements. These include requirements for private These include requirements for private employers and state contractors.employers and state contractors.

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C) Special Focus on IC) Special Focus on I--9 Compliance9 Compliance------Small Form, Major LiabilitySmall Form, Major Liability

1. Understand that the I1. Understand that the I--9 verification 9 verification process is complex and contains process is complex and contains landmines which can lead to landmines which can lead to significant liability for missing Isignificant liability for missing I--9s 9s and form errors.and form errors.

2. Must commit to regularly train HR 2. Must commit to regularly train HR personnel involved in Ipersonnel involved in I--9 9 employment verification process and employment verification process and managerial personnel supervising the managerial personnel supervising the II--9 process.9 process.

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3.3. Training must include prohibition on Training must include prohibition on document abuse and citizenship document abuse and citizenship status discrimination.status discrimination.

4.4. Ensure that IEnsure that I--9 files are complete, 9 files are complete, prepared in a timely manner and prepared in a timely manner and proper Iproper I--9 procedures are being 9 procedures are being followed for new hires.followed for new hires.

5.5. Perform periodic audits. Perform periodic audits.

6.6. Consider use of electronic IConsider use of electronic I--9 9 software, if at all possible.software, if at all possible.

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D) Special Focus on Worksite Visits!D) Special Focus on Worksite Visits!

a)a) Do you have a policy describing how to handle ICE Do you have a policy describing how to handle ICE worksite appearances, FDNS site visits, worksite worksite appearances, FDNS site visits, worksite enforcement or Department of Labor visits?enforcement or Department of Labor visits?

b)b) Do you have a designated person to meet Do you have a designated person to meet enforcement personnel? Has the name and contact enforcement personnel? Has the name and contact information been distributed to appropriate front information been distributed to appropriate front office employees? office employees?

c)c) Is there a set chain of command for responding to Is there a set chain of command for responding to worksite enforcement visits by the government?worksite enforcement visits by the government?

d)d) Have public relations personnel been briefed on the Have public relations personnel been briefed on the fact that the company may be receiving worksite fact that the company may be receiving worksite enforcement visits?enforcement visits?

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�� BeforeBefore the government visits, consider how the the government visits, consider how the company will respond:company will respond:–– Identify the agent and the government entity. Obtain Identify the agent and the government entity. Obtain a copy of their business card and identification.a copy of their business card and identification.

–– Is the agent appearing with a warrant, an Is the agent appearing with a warrant, an administrative subpoena, or a notice of inspection?administrative subpoena, or a notice of inspection?

–– Understand company rights if agent appears with Understand company rights if agent appears with warrant, administrative subpoena or a notice of warrant, administrative subpoena or a notice of inspection.inspection.

–– Should a criminal attorney be retained/consulted? Should a criminal attorney be retained/consulted? Allowing agents admission to the business premises Allowing agents admission to the business premises and to interview employees/managers raises 4and to interview employees/managers raises 4thth

Amendment issues.Amendment issues.

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Understand the Potential for Subpoenas, Understand the Potential for Subpoenas, Warrant Inspections, Etc.Warrant Inspections, Etc.

�� Know the politics of the administration in charge Know the politics of the administration in charge and prepare your team accordingly.and prepare your team accordingly.

�� Form a team that can respond to government Form a team that can respond to government inquiries.inquiries.

�� Communicate with the team.Communicate with the team.

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EE--VerifyVerify

�� What is EWhat is E--Verify?Verify?

–– An internetAn internet--based electronic verification based electronic verification system, operated by DHS in partnership with system, operated by DHS in partnership with SSA, that SSA, that verifies an employee’s verifies an employee’s employment authorizationemployment authorization

–– An employer feeds information into the EAn employer feeds information into the E--Verify system and waits for a response from Verify system and waits for a response from the system to see if the employee is eligible the system to see if the employee is eligible to work in the United Statesto work in the United States

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What Information Is Used to Conduct EWhat Information Is Used to Conduct E--Verify an Employee?Verify an Employee?

�� Information from the completed Form IInformation from the completed Form I--9, 9, Employment Eligibility Employment Eligibility VerificationVerification..

–– Employees attest to their work eligibilityEmployees attest to their work eligibility

–– Employers certify that the documents presented reasonably Employers certify that the documents presented reasonably appear (on their face) to be genuine and relate to the individualappear (on their face) to be genuine and relate to the individual

–– II--9s are required of all employers9s are required of all employers

�� Not required for independent contractorsNot required for independent contractors

–– Note: Updated Forms INote: Updated Forms I--9 with related government guidance 9 with related government guidance surface frequently surface frequently –– monitor when new Imonitor when new I--9s are published to 9s are published to avoid penaltiesavoid penalties

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Who uses EWho uses E--Verify?Verify?

�� Currently voluntary for businesses Currently voluntary for businesses except where state and federal except where state and federal laws have made the use of Elaws have made the use of E--Verify mandatory: Verify mandatory: –– Some states have started Some states have started requiring businesses to Erequiring businesses to E--Verify. Examples: Arizona and Verify. Examples: Arizona and Mississippi.Mississippi.�� Note: a legal challenge to Note: a legal challenge to Arizona’s requirement Arizona’s requirement failedfailed

–– EE--Verify is mandatory for Verify is mandatory for employers with federal employers with federal contracts or subcontracts that contracts or subcontracts that contain the Federal Acquisition contain the Federal Acquisition Regulation ERegulation E--Verify clause.Verify clause.

–– Many states have made EMany states have made E--verify mandatory for public verify mandatory for public contractors. contractors.

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Brief History of the IBrief History of the I--9 and E9 and E--VerifyVerify

�� 19861986 –– The Form IThe Form I--9 is born! (IRCA)9 is born! (IRCA)�� 1996 1996 –– 2007 2007 –– Genesis of EGenesis of E--Verify begins: The government Verify begins: The government

experimented with three (3) different electronic systems for various experimented with three (3) different electronic systems for various employment related purposes. employment related purposes.

�� 19971997 –– Allowed certain states (largest electoral college states + Allowed certain states (largest electoral college states + Nebraska) to voluntarily participate in one of the systems called the Nebraska) to voluntarily participate in one of the systems called the Basic Pilot Program (BPP). BPP combined review of SSA and Basic Pilot Program (BPP). BPP combined review of SSA and immigration records.immigration records.

�� 20072007 –– All states allowed to participate in the Basic Pilot Program.All states allowed to participate in the Basic Pilot Program.–– BPP renamed EBPP renamed E--VerifyVerify–– Significant upgrades added to ESignificant upgrades added to E--Verify: Photo tool; flagging informationVerify: Photo tool; flagging information

�� 20082008 –– Presidential Executive Order 12989 creates federal Presidential Executive Order 12989 creates federal contractor rulecontractor rule–– September 8, 2009September 8, 2009-- Federal Contractor regulation went into effect.Federal Contractor regulation went into effect.

�� 20092009 –– Congress authorizes extension of ECongress authorizes extension of E--Verify until September Verify until September 20122012

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How does the EHow does the E--Verify process work?Verify process work?

I-9 InformationInto E-Verify

System

DHSVerification

Check

SSAVerification

Check

RESULTS

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Relationship of the Form IRelationship of the Form I--9 and E9 and E--VerifyVerify

�� Think of EThink of E--Verify as a companion to the IVerify as a companion to the I--9: while 9: while employers must collect information to establish identity employers must collect information to establish identity and employment eligibility through the Iand employment eligibility through the I--9, they can only 9, they can only take documents on their face. Etake documents on their face. E--Verify takes the Verify takes the analysis a step further by attempting to ascertain analysis a step further by attempting to ascertain whether the information provided to the employer is whether the information provided to the employer is valid through the use of its databases.valid through the use of its databases.

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Consequences of enrolling in EConsequences of enrolling in E--VerifyVerify

�� Under Arizona law, companies that properly use Under Arizona law, companies that properly use EE--Verify get a “rebuttable presumption” that Verify get a “rebuttable presumption” that they are in compliance with Form Ithey are in compliance with Form I--9 and 9 and employment eligibility laws.employment eligibility laws.

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EE--Verify and Federal Contractors: Verify and Federal Contractors: Are we or aren’t we?Are we or aren’t we?

�� If state law doesn’t require If state law doesn’t require your company to enroll in your company to enroll in EE--Verify, ask internally if Verify, ask internally if your company has a your company has a contract with the federal contract with the federal government. If so, government. If so, analyze whether the analyze whether the federal contract requires federal contract requires the use of Ethe use of E--Verify.Verify.

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What types of contracts qualify for the EWhat types of contracts qualify for the E--Verify Federal Contractor Rule?Verify Federal Contractor Rule?

�� The contract was awarded on or after the EThe contract was awarded on or after the E--Verify Verify Federal Contractor Rule effective date of September 8, Federal Contractor Rule effective date of September 8, 2009 2009 andand includes the Far Eincludes the Far E--verify Clause.verify Clause.

�� The contract has a period of performance that is for 120 The contract has a period of performance that is for 120 days or more.days or more.

�� The contract’s value exceeds the simplified acquisition The contract’s value exceeds the simplified acquisition threshold of $100K.threshold of $100K.

�� At least some portion of the work under the contract is At least some portion of the work under the contract is performed in the United States.performed in the United States.–– Note: Your government contracting official, not the ENote: Your government contracting official, not the E--Verify Verify program, will decide whether your Federal contract qualifies for program, will decide whether your Federal contract qualifies for the Far Ethe Far E--verify Clause.verify Clause.

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How does the federal government notify How does the federal government notify contractors to use Econtractors to use E--Verify?Verify?

�� The government inserts the The government inserts the FAR EFAR E--Verify Clause into the Verify Clause into the contract.contract.

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What is the FAR EWhat is the FAR E--Verify Clause?Verify Clause?

�� The clause has The clause has language that language that requires Federal requires Federal contractors to use Econtractors to use E--Verify for their new Verify for their new hires and all hires and all employees (existing employees (existing and new) assigned and new) assigned to a Federal to a Federal contract, among contract, among other things.other things.

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Possible indicators that the FAR EPossible indicators that the FAR E--Verify Verify Clause was inserted in the contract?Clause was inserted in the contract?

�� A reference to EA reference to E--Verify Clause: 52.222Verify Clause: 52.222--54, Employment 54, Employment Eligibility Verification. There likely will be an attachment. Eligibility Verification. There likely will be an attachment.

�� You may have a FAR EYou may have a FAR E--Verify clause in your contract if Verify clause in your contract if your cover letter references the following: your cover letter references the following: –– EE--Verify Federal Contractor RuleVerify Federal Contractor Rule

–– Executive Order 12989Executive Order 12989

–– FAR case 2007FAR case 2007--013, Employment Eligibility Verification013, Employment Eligibility Verification

�� If you enter into a qualifying federal contract after If you enter into a qualifying federal contract after September 8, 2009 and aren’t sure if the ESeptember 8, 2009 and aren’t sure if the E--Verify Clause Verify Clause is in there, you may want to call or write your federal is in there, you may want to call or write your federal contracting officer and ask.contracting officer and ask.

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What are the penalties for failing to comply What are the penalties for failing to comply with the Ewith the E--Verify Federal Contractor Rule?Verify Federal Contractor Rule?

�� (5) The Contractor shall comply, (5) The Contractor shall comply, for the period of performance of for the period of performance of this contract, with the this contract, with the requirements of the Erequirements of the E--Verify Verify program MOU.program MOU.

�� (i) The Department of Homeland (i) The Department of Homeland Security (DHS) or the Social Security (DHS) or the Social Security Administration (SSA) may Security Administration (SSA) may terminate the Contractor's MOU terminate the Contractor's MOU and deny access to the Eand deny access to the E--Verify Verify system in accordance with the system in accordance with the terms of the MOU. In such case, terms of the MOU. In such case, the Contractor will be referred to the Contractor will be referred to a suspension or debarment a suspension or debarment official. See 48 CFR official. See 48 CFR §§52.22252.222--5454 ,, Employment Eligibility Employment Eligibility VerificationVerification

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Hidden Landmine within the Hidden Landmine:Hidden Landmine within the Hidden Landmine:Subcontractors Subcontractors -- the low down on “flow down”the low down on “flow down”

�� The EThe E--Verify federal contractor rule requires Verify federal contractor rule requires certain federal prime contractors to require their certain federal prime contractors to require their subcontractors to use Esubcontractors to use E--Verify when:Verify when:

–– Prime contract includes the FAR EPrime contract includes the FAR E--Verify clause;Verify clause;

–– The subcontract is for commercial or noncommercial The subcontract is for commercial or noncommercial services or construction;services or construction;

–– The subcontract has a value of The subcontract has a value of

more than $3000; andmore than $3000; and

–– The subcontract includes workThe subcontract includes work

performed in the United Statesperformed in the United States

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How much of a flow down is there?How much of a flow down is there?

�� The prime contractor must, by whatever means The prime contractor must, by whatever means the contractor considers appropriate, ensure the contractor considers appropriate, ensure that all covered subcontracts at every tier that all covered subcontracts at every tier incorporate the FAR Eincorporate the FAR E--Verify clause and that all Verify clause and that all subcontractors use the Esubcontractors use the E--Verify system.Verify system.

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Who is responsible for the subcontractor’s Who is responsible for the subcontractor’s compliance with the Federal Ecompliance with the Federal E--Verify Verify

Contractor Rule?Contractor Rule?

�� The burden of proof is on the prime contractor The burden of proof is on the prime contractor to ensure that the subcontractors comply with Eto ensure that the subcontractors comply with E--Verify.Verify.

�� Penalty for failed EPenalty for failed E--Verify oversight: The prime Verify oversight: The prime contractor may be subject to penalties if it contractor may be subject to penalties if it knowingly continues to work with a knowingly continues to work with a subcontractor who is in violation of the Esubcontractor who is in violation of the E--Verify Verify requirement.requirement.

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What proof should the subcontractor provide What proof should the subcontractor provide you to demonstrate its participation in Eyou to demonstrate its participation in E--

Verify?Verify?

�� The subcontractor The subcontractor should provide the should provide the prime contractor a prime contractor a copy of their Edit copy of their Edit Company Profile page Company Profile page from Efrom E--Verify to prove Verify to prove that they are enrolled that they are enrolled in Ein E--Verify.Verify.

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Another Hidden Landmine Within the Landmine:Another Hidden Landmine Within the Landmine:Who needs to be “EWho needs to be “E--Verified” regardless of whether Verified” regardless of whether

a prime or subcontractor is involved?a prime or subcontractor is involved?

�� Normally, ENormally, E--Verify applies to new hires only.Verify applies to new hires only.

�� However, under the EHowever, under the E--Verify Federal contractor rule, there are Verify Federal contractor rule, there are further considerations. A Federal contractor must decide to further considerations. A Federal contractor must decide to eithereither ::

–– EE--verify all new hires and all existing employees assigned to a verify all new hires and all existing employees assigned to a Federal contract; Federal contract; oror

–– EE--verify all new hires and the entire workforceverify all new hires and the entire workforce

�� Note: There is a small exception for employees hired prior to Note: There is a small exception for employees hired prior to November 7, 1986, those previously queried through ENovember 7, 1986, those previously queried through E--verify verify and those with high level government security clearancesand those with high level government security clearances

�� Caution: Be careful not to ECaution: Be careful not to E--Verify someone twice in the Verify someone twice in the process!process!

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How to Continue Avoiding Landmines in EHow to Continue Avoiding Landmines in E--Verify? Take the Necessary Next Steps…Verify? Take the Necessary Next Steps…

�� Register for ERegister for E--Verify/sign MOUs in timely fashionVerify/sign MOUs in timely fashion�� IF, and only if, your company is a Federal contractor with an EIF, and only if, your company is a Federal contractor with an E--verify verify

clause, may either use existing Iclause, may either use existing I--9s to complete E9s to complete E--verify process; verify process; OROR�� Complete new Forms IComplete new Forms I--9 for all employees who will be run through E9 for all employees who will be run through E--VerifyVerify

What kind of shape are IWhat kind of shape are I--9s in?9s in?–– Will need to complete new IWill need to complete new I--9 forms when required9 forms when required

Master the EMaster the E--Verify process in terms of processing IVerify process in terms of processing I--9s through the system and 9s through the system and knowing how to handle the responses received through the systemknowing how to handle the responses received through the system

�� Train employees on all facets/Go through tutorialsTrain employees on all facets/Go through tutorials�� Work with subcontractors, if necessaryWork with subcontractors, if necessary�� Monitor to make sure all is happening properly and Monitor to make sure all is happening properly and

timelytimely�� Make sure posters are up, etc.Make sure posters are up, etc.

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How much does it cost to participate in EHow much does it cost to participate in E--Verify?Verify?

�� The government does not charge The government does not charge employers to use the Eemployers to use the E--Verify Verify system.system.

�� There may be administrative costs. There may be administrative costs. Note the Federal Register’s Note the Federal Register’s commentary: A contractor with commentary: A contractor with 500 employees is expected to have 500 employees is expected to have an initial year impact of $24,422. an initial year impact of $24,422. See FR DOC E8See FR DOC E8--26904, Page 26904, Page 67700.67700.

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Audit Public Access Files for HAudit Public Access Files for H--1B Holders1B Holders

�� As part of the HAs part of the H--1B process, employers must complete a 1B process, employers must complete a wage analysis, pay the required wage, make the required wage analysis, pay the required wage, make the required worksite postings and submit a Labor Condition worksite postings and submit a Labor Condition Application. Each Labor Condition Application must be Application. Each Labor Condition Application must be supported by certain information which can be viewed by supported by certain information which can be viewed by the public. These are called Public Access Files and can be the public. These are called Public Access Files and can be viewed by any member of the public. Public Access Files viewed by any member of the public. Public Access Files should be separate from the employee’s personnel file.should be separate from the employee’s personnel file.

�� Employers must maintain Public Access Files for each HEmployers must maintain Public Access Files for each H--1B 1B petition. Audit files annually and update Public Access Files petition. Audit files annually and update Public Access Files to assure compliance with wage obligations and posting to assure compliance with wage obligations and posting notifications. Update Public Access Files for wage notifications. Update Public Access Files for wage increases. Understand retention requirements and purge increases. Understand retention requirements and purge after the retention period is satisfied. The DOL can impose after the retention period is satisfied. The DOL can impose fines and penalties for wage violations or incomplete fines and penalties for wage violations or incomplete Public Access Files.Public Access Files.

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Promotions, Title Changes, Location Promotions, Title Changes, Location Changes & Wage Changes for HChanges & Wage Changes for H--1B Holders1B Holders

�� Public Access Files must be updated with wage Public Access Files must be updated with wage changes.changes.

�� Promotions, Title Changes and Location Changes Promotions, Title Changes and Location Changes can require a formal Hcan require a formal H--1B amendment. Establish 1B amendment. Establish a process to evaluate such changes by a process to evaluate such changes by immigration counsel prior to the change immigration counsel prior to the change becoming effective.becoming effective.

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Anticipating FDNS Site VisitsAnticipating FDNS Site Visits

�� At site visits, the FDNS officer often will verify At site visits, the FDNS officer often will verify the existence of the employer, wages paid to the the existence of the employer, wages paid to the HH--1B holder, and job location, title and duties of 1B holder, and job location, title and duties of the Hthe H--1B holder. Thus, establishing a process to 1B holder. Thus, establishing a process to evaluate impact of job changes on the Hevaluate impact of job changes on the H--1B is 1B is critical.critical.

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How will the company respond if an How will the company respond if an investigator from the Office of Fraud investigator from the Office of Fraud

Detection and National Security appears?Detection and National Security appears?

�� Visits are unannounced and will Visits are unannounced and will occur at the worksite or at the occur at the worksite or at the principal place of business.principal place of business.–– Consider who will respond at each Consider who will respond at each possible location.possible location.�� Will the company provide Will the company provide requested information?requested information?

–– Consider what is normally Consider what is normally requested and potential impact on requested and potential impact on HH--1B holders1B holders

–– Control the location Control the location �� How will you respond if the How will you respond if the officer requests a tour?officer requests a tour?

–– Officer may request to speak with Officer may request to speak with other employees.other employees.�� How will you respond?How will you respond?

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Internal Management for Ensuring Internal Management for Ensuring ComplianceCompliance

�� Communicate and educate upper management.Communicate and educate upper management.

�� Determine objectives for immigration compliance Determine objectives for immigration compliance efforts.efforts.

�� Form teams for each effort.Form teams for each effort.

�� Set the agenda.Set the agenda.

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Group Discussion: Group Discussion: Hypothetical Case StudyHypothetical Case Study

�� Your company, Lucky Landrovers, is moving from Canada to the U.S., State Your company, Lucky Landrovers, is moving from Canada to the U.S., State of Caltex York.of Caltex York.

�� Lucky Landrovers is merging with another company, Landrovers R Us, who Lucky Landrovers is merging with another company, Landrovers R Us, who makes military landrovers.makes military landrovers.

�� Both companies need to be closer to the Pentagon given the big contract Both companies need to be closer to the Pentagon given the big contract you now have with the Dept. of Defense. you now have with the Dept. of Defense.

�� Magically, all 100 employees from Lucky Landrovers in Canada got visas to Magically, all 100 employees from Lucky Landrovers in Canada got visas to live and work in the United States for Landrovers R Us that has 25,000 live and work in the United States for Landrovers R Us that has 25,000 employees located all around the country.employees located all around the country.

�� You’ve just been promoted to the HR Chief and were told to handle the You’ve just been promoted to the HR Chief and were told to handle the entire transition. entire transition.

�� During the transition meeting with your boss’ office, you’re told that During the transition meeting with your boss’ office, you’re told that everyone from Canada got visas so immigration is covered, not to worry everyone from Canada got visas so immigration is covered, not to worry about it anymore. about it anymore.

�� You have just been to an SCCE conference and not only listened to an You have just been to an SCCE conference and not only listened to an immigration presentation, but vigorously researched.immigration presentation, but vigorously researched.

How do you respond to your boss?How do you respond to your boss?

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ResourcesResources

�� www.uscis.govwww.uscis.gov and follow the links!and follow the links!

�� EE--Verify@dhs.govVerify@dhs.gov

�� Legal CounselLegal Counsel

�� Employer Agents (formerly known as Designated Employer Agents (formerly known as Designated Agents) Agents)