Ten Steps Every Employer Needs to Do Now to Prepare For Obama’s Executive Action on Immigration Reform

In an effort to keep employers apprised of President Obama’s executive action on immigration reform, Monty & Ramirez LLP has identified 10 steps that every employer needs to do now. 

Listed below are the 10 steps every employer needs to do now to prepare for the executive action on immigration reform. Each week, starting on January 12th, 2015, and ending on March 16th, 2015, we will focus on one of the ten steps in greater detail.

  1. Stay informed about the developing details of immigration reform. Remember, employees may look to you for information. You should be able to refer them to government websites, local non-profits, or vetted attorneys. Click here for an employee fact sheet.
  2. Prepare to handle New Changed Identity Scenarios (NCIS). You need to prepare to deal with an employee who may admit their previous identity was fake.
  3. Warn employees about notario (notary) fraud and other scams affecting immigrants.
  4. Have a policy regarding reference/service letters. Even if the company decides it will not offer service letters, the company needs a policy to that effect. Also, know that employees may apply through the executive action without a service letter from their employers. There are many other ways in which an employee may prove continuous presence in the United States. They do not need a letter from their employer.
  5. Have a policy regarding company loans. Even if the company will not loan money, it needs a policy saying as such. If the company is going to loan money, the details need to be spelled out in a policy. 
  6. Understand how unions are trying to develop good will with employees by offering “legal help.” Unfortunately, this all comes with strings attached.
  7. Understand the immigration consequences of criminal convictions. The executive action requires all beneficiaries to not constitute a danger to society. You may be called upon to refer an employee to a reputable criminal defense attorney.
  8. Maintain immigration compliance, including using the most recent Form I-9 that was last updated on May 8, 2013. 
  9. Keep pay practices in order.
  10. Understand how The Affordabe Care Act ("Obamacare") affects immigrant workers like those who enjoy, or will enjoy, DACA or DAPA status. Such individuals are ineligible for coverage under The ACA.

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