Lexology (03/15/12) Dawn Lurie

Investigations by the U.S. Office of Special Counsel for Immigration-Related Unfair Employment Practices should be taken seriously, and companies contacted by the OSC should immediately hire experienced immigration attorneys and assess potential liability at additional sites, if applicable. The initial investigation will be completed within 120 days, by which time the OSC determines whether to dismiss the charge or investigate for an additional 90 days.

Internal reviews of employment verification practices should be central to companies’ compliance strategies. Companies must make sure they follow the Immigration and Nationality Act’s antidiscrimination provisions and treat all workers the same by not arbitrarily requiring workers to provide new or updated Form I-9 information or document copies.