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Dickinson Wright: in brief: immigration issues.

Human Resources Managers now have as part of their job responsibilities a duty to assure that talented foreign national employees have acquired the proper clearances from the Department of Homeland Security as well as ensuring compliance with the record keeping requirements of the Immigration Reform and Control Act of 1986.

Following are five of the top concerns to be addressed:

* An employer must be aware that if it hires foreign students with temporary Employment Authorization Cards, it will need to provide sponsorship to that employee to obtain a longer term of Employment Authorization, generally through an H-1B visa to provide longer employment authorization.

* Employers must be certain that they are properly completing or maintaining Form 1-9, Employment Verification Records, for all employees hired on or after Nov 6, 1986

* Employers must have in place a system for re-verification of employment authorization for employees who present Bureau of Citizenship and Immigration Services (BCIS) employment authorization documents, which expire.

* An employer must maintain a system for insuring that it does not allow the work authorization of any of its employees to expire. On this particular issue, the BCIS has a "zero tolerance" policy.

* Employers must be certain that where foreign national employees are moving from one employer to another, even with a group of affiliated companies, that appropriate approvals have been received by the BCIS.

For further information please contact Elise S. Levasseur (248) 433-7520
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Title Annotation:Leadership
Article Type:Brief Article
Geographic Code:1USA
Date:Aug 1, 2003
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