How to Write an Immigration Law Compliance Policy
All businesses should clearly have a policy placed in writing that outlines the company's compliance to the current United States immigration laws. This is not only to protect the employer, but also the employee from any misunderstanding of the law.
- Review state and federal guidelines to make sure the company is using the correct documents to identity an immigration status.
- Instruct your attorney to add the policy to your company's standard manual if you don't already have one included.
- Set up a cover page for the document outlining its intent. This should clearly state the policy title and the date the company or board of directors approved it. Print the letter on official company paper, which contains the company's logo and other pertinent information.
- Open the policy by highlighting the company's commitment to hiring only legal citizens and those authorized to work in the United States with the proper documentation. Include a statement that the company doesn't discriminate against employees because of national origin or citizenship status when hiring.
- Use citations in the immigration law to strengthen the policy. Include the list of employment verification documents employee must provide within two days of their hire date.
- Spell out how former alien rehiring is to be handled. Including submitting the same employment verification documents as new employees.
- Outline the penalties of law for employees who falsify, omit or are untruthfull on their documentation. Include that the aforementioned items are grounds for immediate termination. Spell out that the company will report such discrepancies to the proper governmental authority.
- Ask employees who need further information on immigration law issues to contact the human resource department or company attorney. State in the policy the company welcomes questions and clarifications, and doesn't hold anything against new or rehired employees.
- Finalize the policy by stating the company is very serious about only hiring employees legally authorized to work in the United States.