Identifying your possible immigration compliance gaps

Immigration law attorney Jamene Christian advises employers to be thoughtful about addressing potential immigration compliance risks, including:

Document mismanagement: HR needs to ensure forms like Employment Authorization and Temporary Authorization Documents are up to date to avoid employees working on expired or revoked credentials.
Misinterpretation of Automatic Extensions: Immigration policies are shifting quickly, and HR has to keep up, Christian says. Last fall, the Department of Homeland Security updated its policies to largely terminate the Automatic Extension program that enabled employees in certain situations to continue working when their work authorization expired.
Returned EAD: Employers must ensure accepted EADs have not been marked for return to DHS because of a change in status.
Counterfit materials: Christian says employers can find themselves in the crosshairs of federal immigration officials if they have a history of accepting documents—from passports to EADs—that are counterfit or don't match the employee's identify.
I-9 mistakes: Inconsistencies in Form I-9 processes—such as inaccurate reporting of new hires or form corrections—can raise red flags.

Lowering the risk for compliance issues

Given the Trump administration's ongoing focus on immigration enforcement, tightening immigration compliance will be increasingly critical for HR professionals looking to reduce risk. Noncompliance can lead to heavy fines and penalties, as well as the potential for long-term DHS oversight, Christian says.

Instant Insights /

ICE may be quieter, but immigration compliance risks remain

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