It can be difficult for employers to keep up with the ever-changing world of employment laws and compliance issues. Even if you have a fully staffed HR department, many points can go overlooked, such as handling I-9 compliance issues, which end up being bumped for more pressing needs.
The Truth: If you keep putting off an I-9 audit, you could most certainly find yourself in the middle of a complex investigation or lawsuit some day that will take center stage very quickly, that could have all been avoided with some basic preventive maintenance.
The Solution: One of the most cost-effective and convenient ways to put an end to the worry and chaos is to schedule a partial I-9 audit of 10% of your workforce to see what’s buried in your paperwork – and then train your staff on the most prevalent errors and document issues. This can easily be accomplished both onsite and offsite.
For more information:
Special Edition Newsletter
I-9 Compliance and Worksite Enforcement Update
Opening: By Leslie Davis, Managing Director
With the media frenzy of the post mid-term elections behind us, it seemed like good timing to communicate with our clients and readership regarding employer compliance issues in light of the new landscape that we have in the House of Representatives and how this party change will likely influence immigration and any meaningful reform taking place.
House Republicans have said they will focus on border security and immigration enforcement over potential reform to the immigration system. It is anticipated that overall, there will be more support for enforcement-only legislation and greater scrutiny of the Administration's enforcement of immigration laws.
The federal government will continue with stepping up enforcement against employers. Recent developments and daily headline news of the US government performing widespread investigations and audits of employers have created a sense of urgency and heightened awareness to be more compliance conscious. These investigations and audits are expected to continue with greater intensity.
Federal and state laws have broadened the requirement to participate in E-Verify - a computerized employment eligibility verification program. A myriad of other compliance obligations related to eligibility verification have also been imposed on employers, while at the same time exposing them to possible discrimination charges by going through the process of verifying their employees' work eligibility.
Most employers think that because they have never filed an immigration case for a foreign worker, that they do not need to worry about their I-9's or immigration laws. This type of thinking in today's enforcement climate is indeed risky business. The employment verification requirements are governed by the Immigration Reform and Control Act of 1986 ("IRCA"). The provisions of the law hold every employer in the USA responsible for verifying the identity and work authorization status of the employees that they hire. The means by which this is done is the I-9 Employment Eligibility Verification Form that every employee must fill out on the day of hire or earlier (both citizen and non-citizen).
Summary
After doing countless audits and reviewing volumes of I-9 forms, we have found that it doesn't matter how large or small a company might be... costly mistakes happen. It's prudent business to identify errors and omissions in the Form I-9 process and make a plan to avoid errors going forward.
The law is very clear - employers have an obligation to verify the work eligibility of their employees by completing the Form I-9 process correctly and completely. Plain and simple, failing to comply with IRCA's I-9 rules have, and are continuing at a rapid rate, to result in significant fines, loss of access to government contracts, an onslaught of negative publicity, business closure, criminal penalties and sometimes imprisonment.
ICE Best Practices suggest arranging for annual Form I-9 audits by an external auditing firm or a trained employee who is not otherwise involved in the Form I-9 process. Employers who do so are more likely to enjoy the "good faith" defense as allowed by the law. Putting your head in the sand because you're afraid to do an audit is a poor choice and could cost you huge fines.
How Immigration Compliance Group Can Help You
We recommend starting with a partial audit of 10% of your workforce to get a feel for what your most common mistakes are, we analyze the information, make recommendations to you, perform training and help you develop a simple, straight forward policy that defines how you handle your I-9 processing and management. This can be performed both onsite or offsite. Some of our clients want thorough I-9 training so that they can perform their own internal audit. Our talented team is flexible and will work with you to best define services and solutions that suit your specific needs.
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Compliance, Audit and Investigation News Updates
- Press Release - New Employer Compliance Resource Center. Take a look at the new website and take a minute to fill out the Survey
- ICE Boasts Record-Breaking Employer Worksite Investigations
- Dept of Justice Settles with Catholic Healthcare West on Discrimination Charges on Hiring Work Authorized Individuals
- Dicey Waters for Abercrombie & Fitch - Fined over $1 Million (with tips on Selecting the right I-9 Vendor
- Krispy Kreme Fined $40,000 after I-9 Audit
- FedEx Pays $2.3 Million for Misclassifying Independent Contractors
- ICE Charges 2 California Furniture Executives During Investigation
- Owner of Timbuktu and By The Docks restaurants sentenced to prison for harboring illegal aliens (Forfeited nearly $750,000 of illegal gains)
- Midland Drilling Company fined $61,000 for I-9 Violations
- DOL Collaborating with ICE on I-9 Audits
- USCIS Investigators Advised to Peruse Social Networking Websites
- Kentucky Consular Center Auditing Visa Applications
Resources
What is a Social Security No-Match Letter?
Are your I-9 Forms Compliant?
ICE Forensic Guide in Identifying Documents
ICE Worksite Enforcement News
ICE Fact Sheets
I-9 Employer Handbook
E-Verify User Manual (Sept 2010)
E-Verify User Manual for Federal Contractors (Sept 2010)
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