The Department of Homeland Security has outlined several recommended best practices for employers to follow when verifying employment eligibility and avoiding unauthorized hiring. Implementing these policies by working with a DHS lawyer or immigration lawyer can help companies maintain compliance and prevent penalties.
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For any questions or assistance implementing DHS best practices, contact our experienced business immigration lawyers. We can help craft policies to keep your company compliant.
- Use the Basic Pilot Employment Verification Program for all hiring.
- Establish an internal training program, with annual updates, on how to manage completion of Form I-9 (Employee Eligibility Verification Form), how to detect fraudulent use of documents in the I-9 process, and how to use the Basic Pilot Employment Verification Program.
- Permit the I-9 and Basic Pilot Program process to be conducted only by individuals who have received this training — and include a secondary review as part of each employee’s verification to minimize the potential for a single individual to subvert the process.
- Arrange for annual I-9 audits by an external auditing firm or a trained employee not otherwise involved in the I-9 and electronic verification process.
- Establish a self-reporting procedure for reporting to ICE any violations or discovered deficiencies.
- Establish a protocol for responding to no-match letters received from the Social Security Administration.
- Establish a Tip Line for employees to report activity relating to the employment of unauthorized aliens, and a protocol for responding to employee tips.
- Establish and maintain safeguards against use of the verification process for unlawful discrimination.
- Establish a protocol for assessing the adherence to the “best practices” guidelines by the company’s contractors/subcontractors.
- Submit an annual report to ICE to track results and assess the effect of participation in the IMAGE program.
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