Immigration for HR - Document Retention
Welcome to this week’s “Immigration for HR” with @Chad Graham and @Sam Adair where we discuss the latest #businessimmigration updates.?
This week we are examining the importance of immigration document retention for corporate immigration-sponsored #workplaces across the United States.
Check out our HR immigration series on our YouTube channel and read our topic summary below. Be sure to follow our page for the latest updates in #businessimmigration news.
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Immigration Document Retention Requirements
In recent years, companies have been experiencing increased cooperation with government agencies coinciding with the rise in #remotework or #hybridwork, making immigration documentation difficult to keep up with.?
This week we are diving into the nuances of business documentation retention and purging, in which we will discuss best practices for implementing organizational #policies, and whether it is worth it to go digital.
As always, individuals and companies who are unsure of how to approach an employment immigration matter should contact a business immigration lawyer. Our San Jose, Lehi, and Austin business immigration lawyers are well-versed in current best practices, allowing us to ensure #HR representatives, employers, and #immigrantemployees are compliant with local and federal immigration legislation.
What Are the Main Immigration Documents That Companies Have to Retain?
In the business immigration world, the three most important documents to focus on are:
Those three forms are governed by regulation in terms of how long they need to be retained, and who has the responsibility for retaining them. Companies need to understand that legally they have the responsibility for document retainment. While it may seem easier for the company’s business immigration law firm to maintain these files, it is not something that can just be turned over.
A best practice would be for companies to visit retainment and purging as a part of their #annualreviews for their #immigrationprograms. This will ensure that the required documentation is being retained and being purged as it's eligible to be purged. Often companies fail to account for the equal importance of purging, which can be subject to an #audit and potentially become a liability.
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How Long to Keep Immigration Documents
The I-9 retention requirement is 3 years from the date of #hire or 1 year after the #termination of that employee, whichever is longer.?
For the #publicaccessfile and the LCA, it's 1 year after the LCA expiration date or after the LCA is withdrawn, whichever is longer.
For the PERM #labor certification, it is required to be maintained for five years. There is not a statute of limitations for when a PERM #laborcertification can be revoked, so maintaining that documentation for longer might be a good idea. This is something a company may want to consult a business immigration law firm on, to ensure they have a sound policy.
Our Lehi, San Jose, and Austin business immigration lawyers regularly provide companies with peace of mind by advising them on the best way to handle the storing and purging of documents.
Is It Worth It to Implement a Digital Immigration Processing System?
Ten years or so back, it wasn’t uncommon for companies to have bulky file cabinets full of these documents. The issue with that is unless it is very carefully organized, it can turn into overstuffed papers with little structure.
The switch to a digital electronic system started a long time ago, though many companies were hesitant to incorporate the technology due to #dataprivacy and other concerns. Currently, we are facing more of a push toward electronic storage. Most data privacy concerns have been well vetted, meaning there are a lot of secure viable options out there that can provide flexibility and better #organization than an old-fashioned filing cabinet. Another plus is you can set #software reminders for when documents can be purged.
A licensed attorney specializing in corporate immigration matters can provide advice on the best software to use.
Are There Any Other Documents That Companies Should Consider Retaining? Should There Be Policies in Place as it Relates to Other Documents That Aren't Mandated By Regulations??
Even though there is no specific regulation, there are requirements on the law firm side, legally and ethically for document retention including data privacy #laws. It is advisable for companies to consult with their corporate immigration law firm to determine how long documents should be maintained. This is especially important for something like a previously filed #H1B petition because the hope is that, at some point down the road if these documents are needed then they're able to get it from the law firm. It may not be a regulation, but it is a best practice companies should heavily consider.?
Corporate Immigration Lawyer - Austin, Lehi, and San Jose
If your company is a business immigration sponsor, it is advisable to speak with a licensed attorney specializing in #employment immigration to ensure you are compliant with all local and federal legislation. Documentation and other #bestpractices are complex, and can negatively impact your company if not properly accounted for.?
Graham Adair focuses its practice on business immigration law, making us a go-to source for HR and other top-level executives seeking to source international employees. Contact us today to discuss your business immigration needs.