When a key HR manager leaves, offboarding usually focuses on collecting laptops, conducting exit interviews, and transferring benefits administration.
But if that person was managing your company’s U.S. immigration program, there is a much higher operational risk lurking in the background. Immigration compliance lives and dies by strict deadlines. If a single date is missed because it was "in their head" or "in their inbox," you could face visa denials, audit fines, or an employee suddenly losing work authorization.
Whether you are the one leaving or the one taking over, use this Immigration Handover Checklist to ensure a zero-gap transition.
1. Transfer "Super User" Access (The #1 Trap)
Most HR platforms have a "reset password" function. Government portals do not. The most critical step is ensuring the departing manager transfers administrative rights before their email is deactivated.
- DOL FLAG System (Critical): This portal manages your LCAs and PERM applications. Recovering a FLAG account after the administrator has left is a bureaucratic nightmare that can stall filings for weeks.
- Action: The departing admin must log in and transfer "Account Administrator" rights to the new owner immediately.
- E-Verify: Designate a new "Program Administrator" and update the main contact email to avoid missing compliance alerts.
- USCIS Org Account: Update the email associated with your myUSCIS organizational account to ensure H-1B registration notifications aren’t sent to a "dead" inbox. Or add an additional administrator to the account and make sure their account is activated and they have access to all cases in the account.
2. The "Ticking Clock" Audit
The new owner needs immediate visibility into what is expiring in the next 180 days. Do not assume that "everyone is good for a while." Sit down with the outgoing manager and track the following for each foreign national employee:
- Visa Stamp vs. I-94 Record: This is the most common handover error. An employee’s visa stamp might be valid for 3 years, but their I-94 (legal status) might expire next month due to a passport expiry. Pull a fresh report of I-94 expiration dates.
- Max-Out Dates: Identify any H-1B or L-1 employees nearing their 5th or 6th year. Has the Green Card process started? If not, you need to know now to avoid a gap in employment.
- Pending RFEs: Are there any active Requests for Evidence with a hard deadline? If a response date is missed during the transition, the case is an automatic denial.
3. The Green Card (PERM) Pipeline
The PERM process is strictly timed. If the handover causes a delay, you risk your recruitment ads "expiring."
- The 180-Day Expiry Risk: Recruitment ads are only valid for 180 days. If you ran newspaper ads 5 months ago but haven't filed the PERM yet, you are in the "danger zone." If the transition delays filing by even a few weeks, your ads could expire (become older than 180 days), forcing you to restart the entire expensive process.
- The "Recruitment Inbox": Where were resumes for the PERM job ads sent? If they went to the departing HR manager's personal work email, do not deactivate that inbox.
- Action: Set up an auto-forward to the new owner. If the DOL audits you and you cannot produce a resume that was sent to that inbox, your PERM will be denied or you will face Supervised Recruitment.
- Audit Files: Locate the physical or digital "PERM Audit File." This contains signed recruitment reports and tear sheets. If you cannot find this folder during an audit, the consequences are severe.
4. Locate Compliance Artifacts
Immigration compliance requires specific documents to be stored separately from standard personnel files.
- Public Access Files (PAFs): Every active H-1B employee must have a corresponding PAF containing the LCA and wage determination. Ensure you know exactly where this digital or physical folder lives.
- I-9 Forms: Verify where I-9s are stored and check if the "Re-verification" calendar (for employees on work visas) is up to date.
5. Vendor & Legal Handoff
Your immigration attorneys are your safety net during this transition.
- Update Signatory Authority: Inform your law firm immediately. They need to update the authorized signatory on all future forms (G-28, I-129). Submitting a form signed by an ex-employee can lead to rejection.
- The "Verbal Promise" Check: Ask the departing manager: "Did you promise anyone a Green Card start date that isn't in writing yet?" You need to know these informal commitments to manage employee expectations effectively.
How WayLit Makes This Seamless
If your company uses WayLit, 90% of this panic is unnecessary. Because your data lives in a central platform, not in an HR manager’s inbox, transitioning is as simple as switching the "Admin" user. We'll get you up-to-date on all active and future cases and keep things running while you transition into the new role.
- Deadlines: Automated alerts for I-94s and Max-outs continue regardless of who is in the chair. Our team keeps you on top of deadlines, so nothing is mised.
- PAFs: Digital Public Access Files are automatically generated and stored in the cloud.
- Status: The new manager can log in and see the real-time status of every case (and every promise made) on Day 1.
Need help auditing your program during a transition? Reach out to our team at support@waylit.com for a "Health Check" of your immigration roster.
Disclaimer: Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a qualified immigration attorney.
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