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Consultants: Immigration Compliance

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  • Consultants: Immigration Compliance

    Consultants who do broad-based risk assessments know that corporate compliance (noncompliance) represents a significant source of risk these days. Even though compliance risk is usually the domain of corporate counsel and company executives, competent risk assessors should be familiar with these issues, and should be alert to spot possible noncompliance while conducting risk surveys out in the field. The risk assessor often visits far-flung facilities and has the opportunity to see things that the folks back at HQ can easily miss.

    One fairly new area of compliance risk that the risk consultant is likely to spot out in the field is immigration noncompliance. Immigration hiring laws are not new, of course. What is new about compliance in this area is that it is no longer enough for your client to comply with the immigration laws in its own hiring practices. Your client can now be held responsible for assuring that its business partners, vendors, independent contractors, etc. are in compliance with the immigration laws as well. Many times, these third parties are engaged locally by facility managers who may not know about the company's exposure in this area.

    In other words, you as the consultant might be conducting a risk survey of your client's plant in Duluth, and observe that the local janitorial company engaged by the Duluth plant manager may be using illegal labor. This exposes your client to the possibility of company-wide raids by ICE, with subsequent serious legal consequences, as Wal-Mart execs learned the hard way.

    Here is a discussion of this topic from Deloitte & Touche
    Last edited by SecTrainer; 11-08-2007, 10:48 AM.
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