Thursday, November 19, 2009

USA: Corporate Immigration Compliance

Corporate Immigration is one among the most challenging and complex pieces of workload in a Human Resources Department that are hiring foreign nationals and local residents regardless of functions and responsibilities. There are several functions in Human Resources that are strategically overseeing this compliance piece within an organization.

Oftentimes, the function that relates to Corporate Immigration Compliance in many medium size or bigger organizations is called Staffing Specialist. It is a role that is responsible with immigration cases management  where it plays a critical role in attracting highly quailified individuals with BS degree or higher succeedingly manages the multiple layers of cases for an appropriate visa acquisition. An organization that is knowledgeable and strategically positioning itself correctly, the management consider this role as their support and partner for their growth and advancement of the organizational critical talents. This role is staffing program function that is strategic provided the Staffing Manager or VP of HR acknowledge its value and utilize to its fullest capability in contributing to its strategic mechanisms within the Human Resources.

Sometimes this function is merged into the responsibilities of an Immigration / Relocation Specialist.  When an organization have a small or large number of visa holders within an organization or the organization is budget bound, the responsibilities include the management of domestic and expatriate relocations across cities, states and countries. This function is also very strategic in nature similar to the earlier because it will relate to a bigger picture that involves international operations. An overview of some of the functions covered are assessment of needs, execute methodologies in benchmarking, recommends budget and costs, meets with managers and executives to provide strategic guidance regarding specifics of plans pertaining to a hire or assignee whether a valuable option or a waste of time and money, manages external providers, review documentations for accuracy, audits cases, suggest alternative actions, and executes confirmation of approvals. Individuals who are experienced and holds a professional designation called GMS - Global Mobility Specialist are successful in the management of this function across cultures.

There are organizations however, that categorize this role as a Coordinator. As a Coordinator, the function is administrative based and tactical. It does not require a mindset that will assess the big picture and its role to the overall organization. The coordinator function receives instructions from an HR Manager or VP, an external provider such as an Immigration Attorney and Relocation Services Partner, collaborate with them in securing requirements from particular employees, and then send these to the requesting party for processing and application preparation, filing, approval and file maintenance.  This coordinator will not sit with managers and discuss options and suggestions however, liaises what are identified suggestions as options for a specific case.

Generally, each organization has its own position types and categories. Identified functions above were only specific examples of roles that are involved in the compliance requirements. Regardless of the role or functional title, Corporate Immigration Compliance will be dealt with by many other corporate functions that relate to Human Resources.

The responsible individuals will make sure that all of the compliance requirements relating to an employment visa for employment and employment eligibility were complied properly.  There are so many layers to pay attention to.  Depending on the nature of the organization, the position that is being filled by a foreign worker, the I-9 compliance, the classification of appropriate employment visa, the remuneration that are relevant to the visa of the intended hire, I-94 regulations, the maintenance of the employment visa, the compliance involving dependents of a visa holder and their origin country, the H-Public File, the processing of visas and their phases whether nonimmigrant, labor certification, immigrant, adjustment of status, consular processing, lawful permanent residency or naturalization.

Today, during the Press Release of the Department of Homeland Security.  Secretary Janet Napolitano recognized the efforts of several corporations who are engaged in the use of  "I E-Verify Campaign"

The "I E-Verify" campaign highlights employers' commitment to working with DHS to maintain a legal workforce and reduce the use of fraudulent identity documents through enrollment in the modern and effective E-Verify system.

"E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce," said Secretary Napolitano. "The 'I E-Verify' program will let consumers know which businesses are working hard to follow the law and are committed to protecting employment opportunities."

"I E-Verify" will also recognize employers who are part of the ICE Mutual Agreement Between Government and Employers (IMAGE) Program—which requires E-Verify in addition to other best practice strategies designed to ensure compliance with employment and immigration laws. Under IMAGE, ICE provides employer training on proper hiring procedures, fraudulent document detection and how to use E-Verify. Member companies must enroll in E-Verify, undergo an I-9 audit, adhere to IMAGE best hiring practices and sign an official IMAGE partnership agreement with ICE."

To read the full Press Release click the link: Announced New Campaign to Recognize Employers Committed to Maintaining a Legal Workforce

Every organization must participate in the Corporate Immigration Compliance.  If you are not aware whether or not your immigration cases has complied with all the requirements from I-9 Eligibility for US Employment, Labor Condition Compliance, H Public File, Labor Certification, and up to AOS/LPR. Seek the guidance and assistance of a professional who is experienced in the environment of both immigration and global relocation.

Have your cases be audited to make sure they are compliant with the regulations. Compliance is not only based on having approval documentations on file, but it covers how it is done and demonstration of intent, demonstration of legal procedures pertaining to the content and how your systems work up to the exit of a visa holder from employment termination. It is important to learn the areas covered within this function and not only dependent on the instructions provided by external partners assisting your organization.

For questions and inquiries please send to:

For your comments regarding this article please add your comments at comments box provided at the bottom of the article.

Disclaimer: Links to third party comments are provided as a courtesy to readers and visitors. Any shared opinion or information under the comments section are the responsibility of such third parties.

# # #


  1. The SANCTUARY STATE of California needs to be placed on urgent notice by ICE (Immigration and Customs Enforcement) The state seem to be untouched by ICE, perhaps because they have cohorts of Democratic-Marxists running the Sacramento Assembly. Certainly E-Verify, the highly successful inhibitor of illegal workers throughout America, conferred less of an impact under California's sanctuary city policies. But more likely because powerful House Speaker Nancy Pelosi, has been pandering overwhelming support of the illegal immigration organizations, that have been growing in leaps and bounds. California has done hardly anything to the detriment of real Angelino’s, mainly because of pathetic Governor, Mayors, judges, elected officials and police departments are conspiring insensibility or are completely indifferent to the progressive crisis. Although estimates of the illegal immigrant population are inexact, the best estimation suggests that California is home to about 2.8 million illegal immigrants back in 2006.

    Owing to the Southern border fence being nothing more than a phantom of what was originally planned, millions more poor humanity have likely swept across in the last decades. California has become a refuge for anybody who has reached the United States, and it estimated that ONE IN ELEVEN WORKERS IN CALIFORNIA IS AN UNDOCUMENTED ALIEN. Because of the travesty of our misguided laws, many pregnant women slip through the loose net of the Border Patrol, or airport inspection and can then immediately declare their baby is an American citizen once born? Under the refuge umbrella of the Sacramento retards, government entitlements have reduced California to near bankruptcy. Arizona has learned the hard way as a border state for being a financial sponge of the illegal immigrant invasion, and has introduced E-verify as a strict enforcement law. Arizona is just one state that has an employer sanctions law, intending to restrict any employers in the State from knowingly or intentionally hiring and/or employing illegal workers.

  2. As of January 1, 2008, all employers in Arizona, regardless of size, are required to use the federal E-Verify program to identify the status of new employees. Thirteen states have passed laws that have mandatory laws relating to the operation of E-Verify, with strict ruling, with others states pending. California seems to be living in an unreality of costs to its legal population. In hosting America's largest population of illegal immigrants, California bares a huge cost to provide basic human services for this fast increasing, low-income segment of its population. The expenditure according to (FAIR) in the costs of education, health care and incarceration of illegal aliens, and concludes that the costs to Californians is $10.5 billion per year. Among the key finding of the report are that the state's already struggling K-12 education system spends approximately $7.7 billion a year to school the children of illegal aliens who now constitute 15 percent of the student body. CAN WE EVEN IMAGINE WHAT THE GROWING COST BEING AT THIS LATER DATE?

    California's addiction to 'discount' illegal alien labor is bankrupting the state and posing gigantic impediment on the state's shrinking middle class tax base," stated Dan Stein, President of FAIR. “California voters rebelled and overwhelmingly ratified Proposition 187, which sought to limit liability for mass illegal immigration. Since then, state and local governments have blatantly disregarded the wishes of the voters and continued to disburse publicly financed benefits for illegal immigrants It should be noted the Prop 187, was never allowed to reach the Supreme Court regarding whether it was constitutional? Today, California communities have been reduced to third world population, of illegal aliens families crammed into home garages and unscrupulous illegal alien landlords living on the proceeds.

    We cannot accept our politicians paying lip service to the American population. Neither party has followed the true wishes of the majority of the US people? They have succumbed to the greed of special interest lobbyists and the open border Marxists. The Democrats have been infiltrated by anti-American, anti-sovereignty personages such as Liberal Billionaire George Soros. I watched the History Channels presentation of Second World War. Millions of American lived through the carnage in Europe and in the Pacific and now veterans remain homeless, while illegal alien families get priority in low income housing? WHAT IS WRONG WITH THIS OUTRAGOUS PICTURE? This is the exact same story in the Great Britain and the rest of Europe. Now the President Obama wants to open the doors to this nation even wider, by forcing upon us another financially crippling AMNESTY? Does he not realize that millions upon millions more indigent people, will try to reach America before the Democratic Congress finalizes this so-called Comprehensive Immigration reform?

    Read about corruption and sanctuary city policies at JUDICIAL WATCH. CAPWEB, ALIPAC, CAPSWEB, AMERICAN PATROL & THE DARK SIDE OF ILLEGAL IMMIGRATION. Hunt down you politician either over the phone at 202-224-3121, or go their in person. Tell them that they are--OUT--if they vote for any kind of AMNESTY. Tell them E-Verify must be made permanent, to start the "ATTRITION" enforcement procedure for every illegal worker in America? What can you do for AMERICA? We cannot afford overpopulation growth, or corrupt politicians pandering to illegal immigrant open border fanatics?