07 October, 2022 4 min read
Immigration management is the process of managing a company’s policies, procedures and actions related to international immigration and regulatory compliance. This includes ensuring that the company is in compliance with all applicable laws and regulations, as well as developing and implementing policies and procedures related to the hiring of foreign workers. Immigration management also involves assisting employees with the process of obtaining work visas and green cards, as well as helping them adjust to life in a new country. Immigration management can be separated into three key parts: LCA, PAF (L1-L5), and I9.
LCA is the first step in the immigration management process. It’s an online portal where companies can post jobs that are available to foreign workers and recruiters can search for positions that match their client’s needs.
Every employer must complete an LCA when hiring a foreign worker. The LCA includes information such as the type of position being offered, wage, location and duration of employment. Employers also need to provide proof of their eligibility to hire an immigrant worker under federal law. The LCA must be filed with the U.S. Citizenship and Immigration Services (USCIS) within seven days of when an employer hires a foreign worker. Once approved, the employer can then apply for a visa or green card for their employee.
Employers that sponsor an H-1B foreign worker are required to keep the worker’s immigration documents. These documents should be made available to the public for inspection.
The PAF must contain a copy of the completed LCA and wage rate paid to the H-1B worker. It should also include benefits offered to U.S. and H-1B workers, as well as documentation of the Notice given to other employees (or the union representative, if applicable) about the job position.
The Department of Labor might show up before or during your business day, so it is important to keep your PAFs and other housing documents organized. Failure to maintain required files can result in civil penalties, debarment from the H-1B program, and fines. It’s preferable to organize these records away from the rest of your immigration documentation, and they should be kept for an extra year beyond what was listed on the LCA. Whether you are using a digital or paper filing system, it’s important to periodically check that all requirements have been met in order to avoid large fines after a year.
The I-9 form is used by employers to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure that all employees complete and sign an I-9 form in order to verify their identity and employment eligibility.
The I-9 form must be completed for all new hires, regardless of their immigration status. Employers must also reverify the employment eligibility of employees who are rehired within 3 years of their initial hire date.
There are several different versions of the I-9 form, so it is important to use the most recent version that is available. The form can be found on the U.S. Citizenship and Immigration Services (USCIS) website.
When completing the I-9 form, employers must enter the employee’s personal information, such as their full name, date of birth, and Social Security number. The employer must also enter information about the employee’s work authorization status and expiration date, if applicable.
Employers are responsible for ensuring that all required fields on the I-9 form are completed accurately and completely. They may be subject to civil or criminal penalties if they knowingly allow unauthorized workers to be employed.
– It can be difficult to hire international employees because of the amount of paperwork involved; however, SwarmHR’s Immigration management process is here to help.
– You can monitor employee LCAs from a single dashboard and ensure all are used and updated correctly.
– The LCA can be viewed once it’s imported into the system, and an employee reminder can be set up when it’s about to expire.
– LCAs can even be linked to H1Bs that are active or inactive, so you never have to wonder if they are being utilized to their full potential.
– It’s easier than ever to sort through LCA immigration documents.
– You can create a fully compliant Public Access File in mere seconds once your LCAs are in the system.
– Thanks to a standard checklist containing all required documents, SwarmHR’s immigration process makes sure all data is properly documented based on required compliance metrics.
– Templates that are dynamic enable quick completion, and custom expiration dates ensure that you never have to check back in.
– Additionally, your company’s PAFs can be shared instantly via an email access link in the event of an audit.
– SwarmHR’s I-9 Management is a completely paperless process allowing teams to initiate, track, and collect I-9 forms for every employee.
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