The Immigration Law Firm of Klasko, Rulon, Stock & Seltzer, LLP recommends that
institutions consider creating Institutional Immigration Policy Statements. Such Statements
serve several purposes, including:
Making certain that all employees in all offices are aware of a uniform policy and follow a
Eliminating the necessity of developing new policies every time an issue is raised.
Being able to advise employees of policies when employees ask questions regarding issues
such as sponsorship for permanent residence and payment of attorney fees.
Forcing officials to reflect on issues that may otherwise not be the subject of review.
Making certain that all relevant employees are aware of fines and penalties to which the
institution may be exposed for failing to follow relevant laws and regulations.
Having a self-serving document to illustrate good faith attempts to comply with all relevant
Examples of areas that may be covered by an Institutional Immigration Policy Statement include:
Listing all laws the violation of which can lead to fines and penalties.
Institutional policies relating to I-9 compliance, including time of completion of I-9, policy
with respect to employees who do not have all necessary documents at the time of
completion of I-9, policy regarding acceptable documents, policy regarding updating of I-9
forms, policy relating to retention of I-9 forms, policy regarding retaining copies of
documents, policy regarding where I-9 forms are kept, policy regarding aliens with
questionable authorization to be employed, policy regarding I-9s for portable aliens.
Policy regarding national origin and citizenship discrimination, including questions that may
and may not be asked on employment applications or at interviews and policy regarding
action to be taken if the company has suspicion or reason to believe that an employee may
not have employment authorization.
Institutional Immigration Policy Statement
Policies regarding employment of foreign nationals in H-1B status, including premium
processing, wage requirements, public examination file documentation, documentation of
“actual wage”, strikes or work stoppages, posting notices, termination of H-1B employees,
early departure penalties, payment of return costs of transportation, portability employment
commencement date, leaves of absences, changes in hours of pay, retention of public
examination file, payment of attorneys fees, payment and non-reimbursement of DHS worker
training fee, short-term placements and transfers of H-1B employees, promotions of H-1B
employees, payment of benefits to H-1B employees, and maintenance of required
documentation in the event of a DOL investigation.
Policies regarding sponsorship of foreign nationals, including when and under what terms
and conditions the institution will sponsor H-1B employees, when and under what terms and
conditions the institution will sponsor applicants for permanent resident status, payment of
necessary attorneys fees and costs relating to sponsorship, employees of the institution who
are authorized to make these decisions and to sign the appropriate forms, and policy
regarding requiring employees who leave the institution’s employ before a specified date to
reimburse costs and expenses involved with the sponsorship process.
Policies regarding indemnification by employees of fines or penalties levied upon the
Klasko, Rulon, Stock & Seltzer, LLP Page 2