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What does H.R. 4437 require an Employer to do with its current employees? |
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Fortunately, Employers have a grace period of between two (2) and six (6) years to make a mandatory verification of all of its current employees depending, upon a number of complex criteria. While this period of time may seem to provide Employers with sufficient time to comply with the New Law with regard to it s current employees, this provision should raise a caution flag. Great caution needs to be used by the Employer with regard to key employees who were hired before the effective date of H.R.4437. If there is even the slightest hint that a current key employee may have an immigration problem or questionable work authorization documents, an attorney should be contacted immediately for advice. We advise that neither the Employer nor anyone in the Human Resource Department make that inquiry directly of the key employee. Such an inquiry, if done improperly by the Employer, may subject the Employer to a possible lawsuit for discrimination or impart actual knowledge of an immigration violation.
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