12 Days of Compliance: Is Noncompliance Trending?

December 13, 2017 Chelsea Iversen

Employers know how important immigration compliance is. The next step? Take action to avoid the growing trend of noncompliance.

Recently, we teamed up with BLR® to conduct a Changing Landscape of Immigration Management survey of 557 employers to talk about immigration challenges. We discovered that only 13 percent of employers considered themselves “not concerned” about immigration compliance, and about half of employers said they have become “more concerned” about immigration compliance in the last year.

About 78 percent of employers reported being at least somewhat prepared for a site visit from USCIS, the Department of Labor and ICE, and roughly two-thirds said their employees are also ready for such a visit.

And yet, despite these numbers, we found that most employers aren’t taking steps toward compliance. Here are some of the ways employers are following a trend toward noncompliance:

They’re not auditing PAFs

Only 32 percent of employers consistently audit their public access files, digital or physical, and that same number think they’re in compliance despite the lack of regular audits.

Public access files have to be carefully stored or you could risk mixing them up with other 1-9 forms or other important immigration documentation. And, they should be checked regularly and saved for a year after termination of employment or you could risk noncompliance.

They’re not tracking employees’ immigration status

Nearly a fourth said they’re not tracking their foreign national employees’ status. Keeping track of the status of employee immigration status is essential to compliance. Not only does it keep you aware of any upcoming deadlines or renewals that need to be addressed, but it also helps you keep track of employees traveling overseas, making sure they’re in compliance with international immigration laws.

Keeping a close eye on employee status also ensures that all paperwork is up to date and accurate, which could come into play in case of an investigation or site visit.

They’re not automating immigration

Just 10 percent reported having an HRIS that automatically links with their immigration partner. Technology with a direct feed is important to make sure that your employees, staff and attorney are all on the same page.

Also, adopting a practice of automating notifications to immigration document uploads or questions streamlines the process so you’re never out of touch, waiting too long without word, or searching through emails to find what you need. It’s all right there, setting you up to be a compliance-first company.

Want to see how you measure up on the noncompliance scale? Read the full report on the Changing Landscape of Immigration Management here.

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