Employers who conduct regular audits will be able to more effectively respond to a federal agency notice or warrant requiring it to produce for inspection all documentation required by the 1986 Immigration Reform and Control Act. In cases of large numbers of employees in the work force, corrective action cannot be implemented in a timely fashion.
Regular audits insure compliance with the federal requirements as well as provide the employer with “good faith” compliance if discrepancies are found. Regular private audits can provide the employer with valuable tools to remedy problems or potential issues ranging from the performance of the human resource office and hiring practices to avoiding criminal and civil penalties. There are specific periods for which immigration related records must be retained. Employers with foresight can avoid many potential problems and issues with their mandated responsibilities under the 1986 Immigration Reform and Control Act. The U.S. Citizenship and Immigration Services; the Bureau of Immigration and Customs Enforcement; the U.S. Department of Labor and Social Security Administration all can initiate and inspect immigration related documentation at the employer’s place of business or in a federal office setting.
In-house audits conducted by an independent expert, rather than the employer, guarantee objectivity and the same thoroughness and expertise as a government examiner. Government audits may be conducted with as little as three days notice, not necessarily in writing. A compliance audit will assure that you are ready.
In 1996 the Racketeering Influenced and Corrupt Organizations Act (RICO) was expanded to include crimes arising out of immigration law violations. Today, “racketeering activity” includes the use of undocumented workers to reduce costs which, in turn, allows a company to underbid its competitors. RICO violations carry with them the prospect of treble damages and criminal sanctions. |