IMMIGRATION COMPLIANCE CHECKLIST

Steven Cesare, Ph.D.

A business owner from Georgia called me the other day to talk about the current state of immigration compliance, deportations, and response patterns in the green industry. Other than not hiring illegal aliens, all of us in the green industry should conduct honest, timely audits, complete related checklists, and adopt rigorous SOPs. Coincidentally, I just received the following Immigration Compliance Checklist.

Employment Eligibility Verification (Form I-9)

Ensure timely completion of Form I-9 (within three business days of hire).
Verify identity and employment authorization using acceptable documents.
Maintain separate I-9 files for current and former employees.
Conduct regular internal audits to identify and correct errors.
Avoid over-documentation or discrimination based on the document type(s) an employee presents to verify employment eligibility.

E-Verify Participation (If Applicable)

Confirm whether E-Verify is mandatory in the employer’s state or industry.
Enroll and use E-Verify properly for new hires.
Ensure consistent use across locations and entities, if required.
Follow up on Tentative Non-Confirmations (TNCs) promptly and appropriately.

H-1B and Other Employment-Based Visa Compliance

Maintain Public Access Files for all H-1B workers.
Comply with Labor Condition Application posting requirements.
Ensure job duties, wages and work locations match what is filed with the USCIS.
File H-1B amendments when there are material changes in employment.

Worksite Enforcement Readiness

Train HR personnel on how to respond to ICE audits or raids.
Designate a point of contact for government inquiries or visits.
Review and follow “Notice of Inspection” procedures if issued by ICE.
Ensure access to legal counsel for audits or enforcement actions.

Policy and Documentation

Implement a written immigration compliance policy.
Conduct annual compliance training for Human Resources and management staff.
Document all immigration sponsorship decisions and communications.
Maintain records for the required statutory retention periods.

Visa Processing and Consular Issues

Monitor affected employees’ consular appointment delays and denials (under any travel bans).
Prepare thorough documentation to support non-immigrant and immigrant visa petitions.
Track an affected employee’s visa expirations and renewals proactively.

Travel and Re-entry Awareness

Advise foreign nationals to carry proper documentation when traveling.
Stay informed on travel bans and country-specific restrictions.
Prepare contingency plans for employees subject to administrative processing or reentry issues.

Anti-Discrimination Compliance

Avoid immigration-related unfair employment practices (e.g., document abuse).
Train hiring managers on the Office of Special Counsel guidelines.
Don’t terminate or refuse to hire based on a pending work authorization renewal unless done legally.

We all know what we should be doing. Stop talking, and do the right thing for your company and yourself.

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