Toolkit · Immigration

The Employment-Based Immigration and I-9 Compliance Toolkit

8 U.S.C. § 1324

Type
Toolkit
Jurisdiction
National
Date
2024-02-25
Topic
Immigration

This toolkit supplies the operating documents of employment-based immigration for employers and workers. It opens with a sponsorship policy template and a hiring script that prevents the most common discrimination violation, then provides a verification audit protocol, a labor certification file index, and a recruitment report template. It includes a status tracking register, a monthly review agenda, a layoff analysis worksheet, a pre-travel check, and a request-for-evidence response outline. A worksite enforcement response plan, a personal document file for the worker, a category screen for the routes that skip labor certification, a deadline calendar, an authority reference, and a routing table complete it.

The Employment-Based Immigration and I-9 Compliance Toolkit

Immigration > Employment-Based Immigration | Published 25 February 2024 - Updated 21 February 2026 | UpLaw - uplaw.us

⚠ Adapt everything here to current form editions, fees, and policy, which change frequently. The statutory architecture is stable; the procedure is not.

Tool 1 — Sponsorship policy template

[Company] Immigration Sponsorship Policy

Scope. [Company] sponsors employment-based immigration for roles meeting the criteria below. Sponsorship is discretionary and is not a term of employment.

Eligible roles. [List by level, function, or business need.]

Temporary sponsorship. [Company] will file petitions in the following categories: [list]. Registration in any capped category is at [Company]'s discretion.

Permanent sponsorship. [Company] will consider permanent sponsorship after [tenure] and upon [manager and executive] approval.

Costs. [Company] bears all costs required by law to be borne by the employer, including the costs of labor certification. ⚠ These may not be shifted to the employee under any agreement. [Company] [will / will not] bear the costs of [other filings], and [will / will not] bear dependent filing costs.

Repayment. [If any repayment provision exists, state it, and confirm it excludes costs that may not be shifted.]

On separation. [Company] will [withdraw / not withdraw] pending petitions as required by law, will notify the worker of the effect, and will provide copies of filings.

Contact. All immigration questions route to [name]. Managers and recruiters must not answer them.

Tool 2 — Hiring script

What a recruiter or manager may ask:

"Are you legally authorized to work in the United States?" "Will you now or in the future require sponsorship for employment visa status?"

What they must never ask or say:

⚠ "Are you a citizen?" ⚠ "What country are you from?" ⚠ "Bring your green card." ⚠ "That document expires soon; bring something else." ⚠ "We only hire citizens or permanent residents." (Lawful only where required by law, regulation, or government contract.)

At verification:

"Please review this list of acceptable documents and bring documents that establish your identity and authorization to work. You may choose which documents to present, and I cannot tell you which ones to bring."

⭐ That single sentence prevents the most common violation in this field. Document abuse under 8 U.S.C. § 1324b requires no intent.

Tool 3 — Verification audit protocol

Check Pass / Fail Correction
Employee section by the first day of work
Employer section within three business days
Valid document combination recorded
No over-documentation
No specification of documents
Reverification only for expiring temporary authorization
No reverification of permanent resident cards
Preparer/translator section completed where used
Retention period satisfied
Corrections visible, initialed, dated — never backdated
Storage secure and retrievable within days

☐ Run annually across all active forms and a sample of terminated ones. ☐ Document the audit and every correction. ⭐ A documented good-faith audit is materially better in an enforcement posture than a file with no history. ☐ Governing authority: 8 U.S.C. § 1324a and 8 C.F.R. part 274a.

Tool 4 — Labor certification file index

Assemble as it happens, under 20 C.F.R. part 656, with wage rules at 20 C.F.R. part 655.

☐ Prevailing wage determination and the request that produced it. ☐ Job description as submitted, with documented business necessity for each requirement. ☐ State workforce agency job order, with dates. ☐ Print advertisements with tear sheets and dates. ☐ Notice of filing, with posting dates and location photograph. ☐ Additional professional recruitment steps, with proof of each. ☐ Every resume received, in date order. ☐ Screening notes and interview records. ☐ Recruitment report with a job-related reason for each rejection. ☐ Applicant correspondence. ☐ The application as filed. ☐ Any audit response.

⚠ A file reconstructed after an audit notice looks reconstructed. Build it contemporaneously.

Tool 5 — Recruitment report template

Position: [title] · Wage offered: [amount] · Requirements: [list, matching the wage determination exactly]

Recruitment conducted: [each step, with dates and sources]

Applicants received: [number]

# Applicant Source Date received Interviewed? Disposition Job-related reason for rejection

Summary. Of [N] applicants, [N] did not meet [specific stated requirement]; [N] withdrew or did not respond to interview requests; [N] were interviewed and did not meet [specific requirement]. No applicant was able, willing, qualified, and available for the position as described.

Certification. The foregoing is accurate and was recorded contemporaneously.

⚠ Every rejection reason must map to a requirement stated in the wage determination and the advertisement. A reason that appears nowhere in the stated requirements is the most common cause of denial.

⭐ And the rule that governs everything: a United States worker who is able, willing, qualified, and available defeats the certification, regardless of whether the sponsored worker is stronger. Never reject an applicant to preserve a sponsorship.

Tool 6 — Status tracking register

Worker Country of birth Status Status expires Extension window Wage required / actual Certification filed / certified / expires Petition filed / approved Priority date Category cut-off Adjustment filed / portable on EAD expires Travel doc expires Dependents (status, expiry, protected age) Next action / date

☐ One row per worker. ☐ Reviewed monthly. ☐ A copy provided to each worker.

Tool 7 — Monthly review agenda

☐ Any status expiring within six months? ☐ Any extension window opening within sixty days? ☐ Any authorization or travel document expiring within ninety days? ☐ Any certification nearing validity expiration? ☐ Has any cut-off date moved? ☐ Any worker now past the adjustment portability threshold? ☐ Any dependent child within two years of twenty-one? ☐ Any change in duties, worksite, hours, or wage? ☐ Any pending request for evidence? ☐ Any planned travel requiring advance permission? ☐ Any planned reduction in force, reorganization, or acquisition?

⭐ None of this requires legal judgment. It requires a calendar and someone who reads it.

Tool 8 — Layoff analysis worksheet

Question Answer
Status and expiration
Grace period for this category
Stage: nonimmigrant only / certification pending / petition approved / adjustment pending
Past the portability threshold?
Priority date, and retainable?
Dependents derivative?
Authorization independent of employer?
Cap-exempt employers plausible?
Notice obligations triggered
Final wage obligations under the category
Counsel consulted (date)

⚠ Complete before the announcement. A person told on Friday that status ends in sixty days has lost a week they cannot recover.

Tool 9 — Pre-travel check

☐ Status valid on the return date. ☐ Visa valid for re-entry, or a consular appointment scheduled. ☐ Advance travel permission in hand if adjustment is pending under 8 U.S.C. § 1255 with 8 C.F.R. part 245. ☐ ⚠ Unlawful presence analysis under 8 U.S.C. § 1182 completed before booking. ☐ Approval notice, admission record, and employment letter carried. ☐ Consular processing delays anticipated under 22 C.F.R. part 42. ☐ Dependents checked separately.

Tool 10 — Request for evidence response outline

  1. Cover page — receipt number, beneficiary, petition type, and an index of exhibits.
  2. Restate each question exactly as posed, in the adjudicator's order.
  3. Answer each in a short paragraph, then cite the exhibit.
  4. Exhibits tabbed and labeled to match the answers.
  5. A short closing summarizing why each element is now satisfied.
  6. Signature and date, within the deadline.

☐ Respond completely and once. ⚠ A partial response invites a denial, and the deadline is generally not extendable. ☐ Do not argue with the request; answer it. ☐ Where a question rests on a factual misunderstanding, correct it plainly with documents rather than with characterization.

Tool 11 — Worksite enforcement response plan

☐ Designate who may accept service and who speaks for the company. ☐ Distinguish an administrative warrant, which does not authorize entry into non-public areas without consent, from a judicial warrant, which does. See search and seizure and analyzing a search and filing a motion to suppress. ☐ Ask for and read the warrant; note its scope, the areas covered, and the items listed. ☐ Do not obstruct, and do not consent beyond what is required. ☐ Call counsel immediately. ☐ Record contemporaneously — who arrived, when, what was said, what was taken, and by whom. ☐ Do not advise employees individually about their own exposure; the company has a conflict. ☐ Do not alter or create records. ⚠ Backdating converts a paperwork penalty into a potential false statement. ☐ Preserve everything and issue a litigation hold.

For an inspection notice rather than an operation: produce exactly what is requested, within days, after counsel reviews the response.

Tool 12 — Worker's personal document file

☐ Every passport, including expired ones with visas and stamps. ☐ Every admission record, printed on the day of entry. ☐ Every receipt and approval notice, with numbers. ☐ Every labor condition application and certification. ☐ Every authorization and travel document. ☐ Diplomas, transcripts, and credential evaluations. ☐ Every resume version submitted with a filing. ☐ Tax returns for every year of presence. ☐ Every address, employer, title, and date. ☐ Civil documents with certified translations. ☐ Any arrest, citation, or disposition, however minor. ☐ A one-page timeline, updated whenever anything happens.

⭐ Keep this where the employer does not control it. The person who needs the record in year twelve is the worker, and a naturalization application under 8 U.S.C. § 1427 can ask for fifteen years of history.

Tool 13 — Category screen

Route Threshold Employer required?
Extraordinary ability Sustained acclaim, by award or defined criteria No
Outstanding researcher International recognition, three years, permanent research offer Yes, no certification
Multinational executive One qualifying year abroad in the last three Yes, no certification
National interest waiver Substantial merit and national importance; well positioned to advance it No
Cap-exempt H-1B University, affiliated nonprofit, or nonprofit/governmental research organization Yes, no lottery

⚠ These remove the employer or the labor market test. They do not remove the per-country queue set by 8 U.S.C. § 1153.

Tool 14 — Deadline calendar

Item Timing
Employee verification section First day of work
Employer verification section Within 3 business days
Verification retention Longer of 3 years after hire or 1 year after separation
Practical training application Prescribed window; not extendable
Extension filing Before expiration; earlier is better
Grace period after employment ends Category-specific and short
Certification validity Limited; petition must be filed within it
Adjustment portability After a defined period of pendency
Request for evidence response As stated; generally not extendable
Records after an inspection notice Days

Tool 15 — Authority reference

Statutes: 8 U.S.C. § 1101 · § 1153 · § 1154 · § 1182 · § 1184 · § 1188 · § 1255 · § 1324a · § 1324b · § 1427

Regulations: 8 C.F.R. part 204 · part 214 · part 245 · part 274a · part 1003 · 20 C.F.R. part 655 · part 656 · 22 C.F.R. part 42

Cases: Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) · Arizona v. United States, 567 U.S. 387 (2012) · Sanchez v. Mayorkas, 593 U.S. 409 (2021)

Tool 16 — Routing table

If the question is about… Start here
A family relationship Family-based immigration
Fear of return Asylum and humanitarian relief
A charging document or immigration court Removal defense
Becoming a citizen Naturalization and citizenship
A criminal charge The criminal case from arrest to sentencing
Unpaid wages Wage and hour law
Workplace safety Workplace safety
Discrimination Employment discrimination charges
Retaliation for complaining Whistleblower and retaliation claims
Contractor versus employee status Worker classification
Starting a company Starting and running a small business
Taxes Tax controversy for individuals

Tool 17 — Offer letter and agreement language

Language that prevents disputes later. Adapt to state law and to the category.

Sponsorship. [Company] intends to file a petition in the [category] classification on your behalf. Employment is contingent on approval of that petition and on your maintaining valid work authorization at all times. Sponsorship is discretionary and is not a term or guarantee of continued employment.

Costs. [Company] will pay all filing fees and costs required by law to be borne by the employer, including all costs of any labor certification. ⚠ You are not required to reimburse [Company] for those costs under any circumstance. [Company] [will / will not] pay [other listed costs].

Wage. Your wage will at all times equal or exceed the required wage for your classification and worksite, as determined under applicable regulations.

Changes. You must notify [contact] before any change in worksite, duties, hours, or work location, including remote work, because such changes may require an amended filing.

Separation. On separation, [Company] will fulfil its obligations regarding withdrawal and notification, will provide copies of all filings made on your behalf, and will confirm your last day of employment in writing for grace period purposes.

Records. You are responsible for maintaining your own copies of all immigration documents. [Company] will provide copies but does not act as your record custodian.

☐ Never include a repayment provision covering costs that may not be shifted. ☐ Never condition sponsorship on a promise not to change employers; portability rights exist by law. ☐ Confirm any repayment or training-cost provision against state wage-deduction law. See wage and hour law and termination, severance, and final pay.

Tool 18 — Separation communication

When employment ends for a sponsored worker, three written items matter and are frequently omitted.

1. A dated confirmation of the last day of employment. ⭐ The grace period runs from a date, and the worker needs proof of what that date is.

2. Copies of every filing made on the worker's behalf, including receipt and approval notices with their numbers, the labor condition application, and the labor certification if any.

3. A plain statement of what the company will and will not do, such as:

[Company] will [withdraw / has withdrawn] the pending petition as required. Your approved immigrant petition, receipt number [], with priority date [], is not affected by this separation, and that priority date may be available to you with a future employer. Copies of all filings are enclosed. [Company] cannot advise you regarding your own immigration options; please consult your own counsel promptly.

☐ Deliver these on or before the last day, not weeks later. ☐ Do not offer individual immigration advice — the company has a conflict. ☐ Do provide the contact information for the firm that handled the filings, so the worker can request the file. ☐ Confirm the effect on dependents' status is the worker's to address, and say so.

⚠ A separation handled without these three items converts an ordinary layoff into an emergency, and it is the most common source of avoidable harm in this entire field.

Tool 19 — Quick reference card

⭐ Twelve lines that carry the practice.

  1. Status expires on the admission record date, not the visa date.
  2. Calendar every expiration, and review the calendar monthly.
  3. Never specify which documents a new hire must present.
  4. Never reverify a permanent resident card.
  5. Never backdate a correction.
  6. Set job requirements from documented business need, before recruiting.
  7. A qualified United States applicant defeats a labor certification.
  8. The priority date is the worker's most valuable asset, and it is usually retainable.
  9. A layoff means something different at every stage — analyze before announcing.
  10. Departure with a pending adjustment generally abandons it.
  11. Screen for cap-exempt employment and the categories that skip certification.
  12. The worker keeps the definitive personal document file, not the employer.

Tool 20 — Extraordinary ability evidence builder

For the categories that let a person control their own case, the evidence must be assembled over years. Use this as a running inventory.

Criterion Evidence held Evidence needed Source and date
Major internationally recognized award
Membership requiring outstanding achievement
Published material about the person in professional or major media
Judging the work of others (peer review, panels, competitions)
Original contributions of major significance
Authorship of scholarly articles
Artistic exhibitions or showcases
Leading or critical role for distinguished organizations
High remuneration relative to the field
Commercial success in the performing arts

Supporting materials to accumulate continuously:

☐ Citation counts, with the source and date of each retrieval. ☐ Independent expert letters from people with no employment or collaboration relationship. ⭐ Independence matters more than eminence; five genuinely independent letters outperform ten from co-authors. ☐ Invitations to review, judge, or serve on panels, with the invitation emails. ☐ Media coverage, with circulation or audience figures. ☐ Evidence of adoption or implementation of the person's work by others. ☐ Salary surveys establishing the comparison for the high remuneration criterion.

☐ For a national interest waiver, add: evidence of the endeavor's national importance, of the person's record of advancing it, and of why waiving the job offer benefits the country on balance.

⚠ Build this file while the achievements are happening. Reconstructing it three years later, from memory and dead links, is the reason many strong candidates file weak petitions.

Tool 21 — Common request-for-evidence themes and responses

Theme What the adjudicator wants What to send
Specialty occupation That the position normally requires a degree in a specific field The job description, the organizational chart, industry postings for comparable roles, and an expert opinion where the role is unusual
Beneficiary qualifications That the person holds the required degree or equivalent Transcripts, a credential evaluation, and experience letters with dates and duties
Employer-employee relationship Who supervises and controls the work, especially at a third-party site The contract, the statement of work, the reporting structure, and end-client confirmation
Ability to pay That the employer can pay the offered wage from the priority date forward Tax returns, audited financials, or payroll records showing the wage already paid
Specialized knowledge Knowledge that is distinct and not commonly held Training records, proprietary system documentation, and a comparison to other personnel
Managerial capacity That the role manages people or an essential function Organizational charts before and after, subordinate job descriptions, and time allocation
Extraordinary ability Sustained acclaim, not merely competence The evidence builder above, organized criterion by criterion

☐ Answer the question asked, in the order asked, with tabbed exhibits. ☐ Do not resubmit the original filing unchanged; the adjudicator has it. ☐ ⚠ Respond once and completely, within the deadline. A partial response invites denial, and the deadline is generally not extendable.

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