On Mar 12 2007
Institutional Immigration Policy Statements
The Immigration Law Firm of Klasko Immigration Law Partners, LLP recommends that institutions consider creating Institutional Immigration Policy Statements.
Such Statements serve several purposes, including:
§ Making certain that all employees in all offices are aware of a uniform policy and follow a uniform policy.
§ Eliminating the necessity of developing new policies every time an issue is raised.
§ Being able to advise employees of policies when employees ask questions regarding issues such as sponsorship for permanent residence and payment of attorney fees.
§ Forcing officials to reflect on issues that may otherwise not be the subject of review.
§ Making certain that all relevant employees are aware of fines and penalties to which the institution may be exposed for failing to follow relevant laws and regulations.
§ Having a self-serving document to illustrate good faith attempts to comply with all relevant immigration laws.
Examples of areas that may be covered by an Institutional Immigration Policy Statement include:
§ Listing all laws the violation of which can lead to fines and penalties.
§ Institutional policies relating to I-9 compliance, including time of completion of I‑9, policy with respect to employees who do not have all necessary documents at the time of completion of I-9, policy regarding acceptable documents, policy regarding updating of I-9 forms, policy relating to retention of I-9 forms, policy regarding retaining copies of documents, policy regarding where I-9 forms are kept, policy regarding aliens with questionable authorization to be employed, policy regarding I-9s for portable aliens.
§ Policy regarding national origin and citizenship discrimination, including questions that may and may not be asked on employment applications or at interviews and policy regarding action to be taken if the company has suspicion or reason to believe that an employee may not have employment authorization.
§ Policies regarding employment of foreign nationals in H-1B status, including premium processing, wage requirements, public examination file documentation, documentation of “actual wage”, strikes or work stoppages, posting notices, termination of H-1B employees, early departure penalties, payment of return costs of transportation, portability employment commencement date, leaves of absences, changes in hours of pay, retention of public examination file, payment of attorneys fees, payment and non-reimbursement of DHS worker training fee, short-term placements and transfers of H-1B employees, promotions of H-1B employees, payment of benefits to H-1B employees, and maintenance of required documentation in the event of a DOL investigation.
§ Policies regarding sponsorship of foreign nationals, including when and under what terms and conditions the institution will sponsor H-1B employees, when and under what terms and conditions the institution will sponsor applicants for permanent resident status, payment of necessary attorneys fees and costs relating to sponsorship, employees of the institution who are authorized to make these decisions and to sign the appropriate forms, and policy regarding requiring employees who leave the institution’s employ before a specified date to reimburse costs and expenses involved with the sponsorship process.
§ Policies regarding indemnification by employees of fines or penalties levied upon the institution.