Because of the globalization of the modern workforce, employers frequently hire applicants who have lived, worked, studied, or originate from other countries.
For these types of applicants, international background checks should be conducted to supplement domestic employment background checks.
These checks help ensure the applicants have the required qualifications and no disqualifying global criminal records.
Here’s what employers should understand about international background checks and how they work.
Key Takeaways
- International background checks are critical for employers when they consider applicants who have lived, worked, or studied in other countries.
- Even if a candidate has a clean record in the U.S., they might have a history of sanctions or criminal convictions in the countries they are from or have visited.
- International background checks are highly complex because of the many different languages, laws, and regulations, making them difficult for employers to navigate without help.
- Violating the regulations or laws of other countries when conducting international background checks could subject your company to hefty penalties and fines.
What is an International Background Check?
An international background check searches an applicant’s credentials and criminal records background in other (non-U.S.) countries.
This type of check is conducted when considering candidates who either are from another country or have lived or worked abroad.
It can search 240+ countries, including commonly requested locations such as:
- Canada
- India
- Philippines
- Malaysia
- Australia
- China
- Hong Kong
- Puerto Rico
- United Kingdom
- South Africa
International background checks might also be requested by U.S. employers that are expanding overseas.
Why Are International Background Checks Important?
Some candidates have lived, worked, or studied in other countries. Others might be recent immigrants to the U.S. from overseas or prospective H-1B visa candidates in specialty occupations.
For these candidates, employers can gain the following advantages by conducting international background checks:
1. Improved workplace safety and security
Conducting international background checks on candidates who have lived or worked abroad can identify red flags in their backgrounds that could place the organization at risk.
This can help to increase the security and safety of the workplace.
2. Informed hiring decisions
When candidates have lived or worked abroad, domestic background checks will not provide enough information about their backgrounds, skills, qualifications, and experience.
International background checks can fill in the gap and enable employers to make fully informed hiring decisions.
3. Lowered fraud risk
Some candidates present fake degrees or diplomas from diploma mills — a significant problem for healthcare careers such as nursing — or have other instances of fraud or misrepresentations in their backgrounds.
An international background check can help to reduce your fraud risks by validating the education and credentials of applicants and verifying the qualifications, skills, and experience they have claimed.
4. Reduced liability risks
Since international background checks can provide a comprehensive picture of an applicant’s qualifications and background, they can help employers to weed out candidates who could otherwise lead to higher liability risks.
What Shows Up on an International Background Check?
Most U.S. employers ask for identity document verification, employment verification, education verification, and criminal records checks on international background checks.
In certain sectors, including financial services, employers might ask for global watchlist searches to check for sanctions and credit checks.
However, the types of search requests that can be processed will depend on the target country’s privacy regulations and laws.
Here’s some more information about each of these types of global background checks.
International Criminal Records Check
What might appear on an international criminal records check might vary based on the country in which the search is conducted.
Some countries have more stringent data privacy laws and narrow lists of jobs for which criminal offense information can be processed.
In some countries, a criminal records check might result in a certificate showing an applicant’s conviction, offense date, and sentence information.
Others might only report serious criminal offenses that would be felonies in the U.S.
Employment Verification
International employment verification reveals information about an applicant’s previous employment in other countries.
The available information will depend on the data privacy protection laws in the country, but the following types will generally be reported:
- Name and address of the employer
- Start and end dates of employment
- Positions held
International Education Verification
International education verification confirms an applicant’s degrees, diplomas, and educational institutions attended abroad.
This type of search reveals the following information:
- Name, address, and country of each school
- Dates of attendance
- Diplomas or degrees conferred
- Course of study
Global Watchlist/Sanctions Checks
It’s a good idea for employers to perform global watchlist checks to ensure their candidates aren’t listed on international or domestic watchlists.
This type of international background check shows if a candidate has been identified as participating in any of the following activities in the U.S. or abroad:
- Terrorism
- Narcotics trafficking
- Fraud
- Major international crimes
- Debarments and exclusions
- Disciplinary sanctions
- Major financial crimes
Know Before You Hire
How to Conduct an International Background Check
Employers might conduct international background checks in one of two ways, including attempting to complete the searches themselves or partnering with a reliable international background screening provider like iprospectcheck.
Here are the advantages and disadvantages of each method.
Do-it-Yourself
Some employers try to check the backgrounds of applicants who have lived in other countries themselves by sending information requests and searching online.
Pros
- Relatively low cost
Cons
- Language barrier
- Need for translation of documents
- Might be unable to obtain information from certain countries
- Mistakes could violate data privacy laws
- Potential for mixing up candidates with others
- Differences in laws
- Varying record-keeping systems
- Time-consuming
- Might not obtain a comprehensive picture of an applicant’s background
- Missing information could expose your company to negligent hiring liability
Partnering With iprospectcheck
Most companies choose to work with reliable employment background check providers like iprospectcheck when completing global screenings of applicants.
Pros
- In-depth understanding of various data privacy protection laws in countries around the world
- Legally compliant with all relevant laws
- Extensive resources to obtain critical data
- Accurate translations of foreign-language documents
- Confirm a candidate’s identity and the validity of the identity documents presented
- Faster than do-it-yourself searches
- Ensure compliance
Relevant Laws for International Background Checks
International background checks must comply with both international and U.S. laws.
International Laws
General Data Protection Regulation – European Union
The General Data Protection Regulation (GDPR) is one of the most complex consumer data protection laws in the world.
Article 10 of the GDPR restricts the processing of criminal records information for member-states of the European Union (EU).
Criminal records requests can only be processed in compliance with the member state’s data privacy laws.
Personal Information Protection and Electronic Documents Act (PIPEDA) – Canada
The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada’s federal data privacy law.
This law covers transfers of data both across provincial borders and internationally.
Under PIPEDA, the collection of personal information must be limited to what is necessary.
CRAs must also ensure the data is complete, accurate, and current and must use strong security to protect the information.
Personal Data Protection Bill – India
India currently does not have a federal data protection law. The Personal Data Protection Bill (PDPB) was withdrawn by the government in Aug. 2022.
It is unclear if it will be replaced by alternate legislation.
Data collection for background checks in India must still comply with the Information Technology Act, 2000 (IT Act) and the Information Technology Rules, 2011 (IT Rules).
These laws restrict the collection and reporting of sensitive personal information, including biometric data, sexual orientation, medical records, passwords, financial information, and others.
The IT Act and the IT Rules require consent before data can be collected and disseminated to third parties.
U.S. Laws
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a federal law that protects consumer privacy in the information that consumer reporting agencies (CRAs) gather and disseminate to employers and other third parties.
Under the FCRA, background check companies may not report the following types of information for jobs with salaries under $75,000 per year when it is older than seven years:
- Paid tax liens
- Civil judgments
- Civil lawsuits
- Arrests that didn’t lead to convictions
- Chapter 13 bankruptcies (10 years for Chapter 7 bankruptcies)
This law also controls what employers should do when they discover negative information on a candidate’s background check.
Employers must complete the steps of the adverse action process before deciding against hiring an applicant based on information obtained from a background check.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 makes workplace discrimination illegal when it is based on the protected characteristics of applicants or employees.
The Equal Employment Opportunity Commission (EEOC) enforces this law and has issued employer guidance about how they should treat information about an applicant’s criminal record.
If an employer learns about the criminal record of an applicant, they should individually assess the information as it relates to the duties of the position for which the applicant is being considered before making an adverse hiring decision.
Know Before You Hire
Best Practices when Conducting International Background Checks
1. Notify Applicants and Obtain Consent
Before you conduct domestic or international background checks, you must notify applicants and employees about your intention to do so in writing.
You also must obtain signed consent. Depending on the country in which you need to complete a search, you might also need to obtain your applicant’s consent on a country-specific consent form.
2. Work With a Reputable Background Check Provider
International background checks are too complex for most employers to handle because of the varying laws and regulations.
To avoid problems, it’s best to work with a reliable international background check provider like iprospectcheck.
3. Assess Convictions as They Relate to the Job
If an applicant has a criminal record, assess the information as it directly relates to the job for which you are considering them before making a hiring decision.
4. Complete the Adverse Action Steps
If you don’t want to hire an applicant because of information contained in a background check, you must complete the adverse action steps before making a final adverse employment decision.
iprospectcheck: Your Trusted International Background Check Provider
Employers should conduct international background checks when they consider candidates who have lived, studied, or worked in other countries.
These types of background checks can help employers confirm their applicants are qualified and safe and do not have sanctions or criminal records that should disqualify them.
At iprospectcheck, we provide international background checks for employers and have extensive resources and knowledge of the various data privacy laws.
To learn more about international background checks and the other screening services we offer, call to request a free consultation: (888) 509-1979
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How long does an international background check take?
How long it will take to complete an international background check depends on the country you are checking in and how you go about it.
If you try to do it yourself, the process could be difficult to complete and could take weeks or months.
In some countries with complex data protection regulations, it can take as long as several months to process.
The international background check won’t delay the domestic background screening. The information requested in a domestic background check can be returned within a few hours or a few days with the international report following once the data is received from the target country.
How much does an international background check cost?
The cost of an international background check varies based on the target country and the package of searches you choose.
The cost can range from as little as $30 to several hundred dollars.
To learn more, you can reach out to iprospectcheck for information about packages and pricing.
