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Concerns about domestic security post-9/11, fear that immigrants are moving here to take jobs away from “real” Americans, worries that foreign workers trained here will then “offshore” their positions … all of these factors have nudged the federal government to more strictly scrutinize U.S. corporations' use of foreign-born talent.
The cornerstone of this scrutiny is the Worksite Enforcement Program, administered by the Department of Homeland Security's Bureau of Immigration and Customs Enforcement (ICE). This program is often referred to as the “spot visit program.”
To ensure they are able to meet government requirements while protecting the interests of their companies and the privacy rights of all employees, human resources professionals should have a strong working knowledge of the Worksite Enforcement Program. More specifically, they should understand the basic workings of the program, why it was put in place, what are a company's rights and obligations, how this program links with other government enforcement programs as well as basic tips on what to do when the government knocks on the door.
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