Effective August 23, 2010 new rules just issued by the Department of Homeland Security on I-9s, a required form to verify employment eligibility for all U.S. workers, must be followed.  Some highlights of the new rules include:

Section 2 of the I-9 form, where the employer records the authorized documents proving employment eligibility, must be completed within three business (not calendar) days, excluding Saturday, Sunday and holidays. 

If an employee requests a confirmation/receipt of a Form I-9 transaction an employer may give them one.

Employers may use paper, electronic systems, or a combination of paper and electronic systems.

Employers may change electronic storage systems as long as the systems meet the performance requirements of the regulations.

Employers do not need to retain an audit trail that reflects each time an electronic Form I-9 is viewed, only when the Form I-9 is created, completed, updated, modified, or corrected needs to be noted. (This trail is designed to allow ICE to determine if an electronic Form I-9 has been improperly tampered with.)

 I-9 enforcement continues with Immigration and Customs Enforcement (ICE) executing I-9 audits on businesses – where federal agents audit employee’s I-9 forms, to identify everything from small errors to employers employing illegal immigrants. So far this year ICE has conducted audits of 2,900 companies and levied $3 million in fines against employers.

All employers are required to have an I-9 for each employee.  All employers can be subject to an ICE audit. Before your company or business is audited by ICE, you need to ensure that: you understand the most current federal requirements involving I-9 Compliance, your I-9s are in order and you have a documented I-9 Compliance process and plan.  You should consider working with a third party to conduct a preemptive audit, which can do five things:

Help your company prove “good faith” compliance efforts in case of a government audit

Identify potential problems before a government audit

Understand the fines that you would most likely be liable for

See how to correct some or all of the errors to avoid fines and penalties

Help you put in place a go-forward I-9 Compliance plan

Legal Employer offers comprehensive I-9 Compliance solutions – including independent third party audits by I-9 experts.  Contact us today for a free consultation and learn how we can help you.  1-866-726-9620 or www.LegalEmployer.com.

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Responsible business executives and HR managers must take affirmative steps to ensure that their own verification procedures, as well as those of the contractors they use, are in order, and remain vigilant for any signs of non-compliance.  This will help to minimize their risk and avoid costly fines, embarrassing PR and in some cases criminal prosecution.

 One important piece of I-9 Compliance enforcement that is often overlooked is the use of outside contractors.   Independent-contractor agreements do not provide a “safe harbor” for I-9 compliance violations.

One of the most notable cases is one involving Wal-Mart.  Wal-Mart had used outside contractors to hire a portion of their work-force – a practice that many companies use.  After an extensive investigation by ICE it turned out that there were a variety of violations.  In the end 12 companies who served as employment contractors pleaded guilty to criminal violations of immigration laws and agreed to pay $4 million in fines. Wal-Mart avoided criminal charges, but received an $11 million fine resulting from the independent contractors’ illegal hiring practices and documentation errors.

Here are some tips for employers who subcontract a portion of their workforce.

Be vigilant about complying with the I-9 regulations that govern hiring their own employees and their subcontractors’ workforce, and reviewing their practices.

Obtain assurances that their company-wide policies and procedures regarding work authorization of employees, including completing, reviewing and retaining

I-9 forms are up to date and are in adherence to current regulations.

Ascertain that company managers, who oversee completion of I-9 forms, receive training regarding the obligations imposed by I-9 regulations.

Implement an independent third party audit of their I-9 files and practices to assure continued compliance.

Proactively and contractually require independent contractors to furnish them with copies of I-9s and other documentation for the workers brought on site.

Agreements with independent contractors should include provisions obligating the contractor to comply with I-9 compliance laws and regulations.  It would also be wise to require contractors to compensate the employer for any liability incurred resulting from the contractor’s violations of I-9 laws and regulations.

Ignorance about an independent contractor’s hiring practices is not an accepted excuse, and will not shield a company from civil and criminal prosecution, if the contractor employs illegal immigrants or their I-9 forms are not in order.

Legal Employer helps clients of all sizes ensure that their I-9 forms and procedures are current and in order.  Call and talk with our experts – the consultation is free and the investment of time could be priceless.  What’s In Your Files?

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As the official start of summer approaches many companies may slow down just a bit as employees take vacations over the next couple of months.  Legal Employer encourages you to use this time to get your “I-9 House” in order.  Summer can be a great time for human resource professionals to make the time to ensure that their company is I-9 Compliant.  Here are three questions to ask yourself as you get started:

Are We Using The Most Current Version of Form I-9?

Employers (of all sizes) are required by law to verify the identity and employment eligibility of their employees using Form I-9.  When we assist companies by conducting internal I-9 audits we often find the employer using expired I-9 forms for their new hires.  An employer must ensure they are using the most current version of the Form I-9.  The most current version of the Form I-9 (http://www.legalemployer.com/html/forms.php) was revised 8/7/09 and has an expiration date of 8/31/12.  No other I-9 form is considered valid for new hires to complete.  Review your blank I-9 Forms and discard any expired ones.

 Do We Have a Documented I-9 Compliance Plan?

Every business (of any size) should have a written company policy to document the procedures the company follows to ensure they are complying with the requirements of IRCA.  The plan should include:

-          Who is responsible for the company’s I-9 compliance program

-          What training programs are in place

-          When are I-9 forms completed

-          How are they stored

Employers that have a written compliance plan are more likely to enjoy the “good faith” defense in the event of an ICE inspection.

 Does Our Company Have a Retention Policy For Our I-9 Forms and Are We Following It?

You are required to keep an I-9 form for the entire term of employment, plus 1 year after the date of termination or 3 years after the date of hire, whichever is longer.  If you do not have a company policy or procedure in place for dealing with archived I-9 forms, now is the time to develop one. 

 An Independent Third party I-9 audit is a great way to proactively help you identify the issues, errors, and omissions that will be costly if your company is selected for a worksite inspection.  As you know  ICE audits have been growing in numbers and are expected to increase.  An independent auditor will identify issues and offer solutions where available and will ultimately save an employer thousands of dollars, many headaches and much time.  The experts at Legal Employer conduct countless audits for clients of all sizes.  Let us help to provide you the peace of mind knowing that your I-9 forms are in order.  Contact us today for your free consultation.  What’s in Your Files?

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Many employers hear about E-Verify and some have a clear understanding of what this Federal program does, but most don’t think it concerns them – they are mistaken.  The Federal government already requires employers with federal contracts to use E-Verify for any employee assigned to the contract.  It is essential that employers take note of what is required of them with many states passing laws requiring the use of E-Verify and a growing number of states proposing similar legislation.

A growing number of states require E-Verify in some capacity.  Arizona, Utah, South Carolina, and Mississippi require all employers to use E-Verify.  Idaho, Colorado, Nebraska, Minnesota, Missouri, and Georgia require state agencies and employers with state contracts to use E-Verify.  Virginia and North Carolina require state agencies to use E-Verify and more and more cities and municipalities have passed or are in the process of passing their own legislation.

E-Verify is a system which uses the Department of Homeland Security (DHS) and the Social Security Administration databases to verify employment eligibility for employees wishing to work in the United States.  After signing up to use E-Verify, the employer inputs information gathered on the Form I-9 into the E-Verify system to confirm the work eligibility of an individual in just seconds.  Unfortunately, the process of signing up and receiving approval for E-Verify can be cumbersome and time consuming.  There is a solution that will help employers – E-Verify Designated Agents.

An employer may contact an E-Verify Designated Agent to utilize the federal database without having to go through the hassle and spending the time of signing up, taking the training, and passing the required mastery test.  An E-Verify Designated Agent is authorized to use E-Verify to check the employees for any company that grants them permission.

Using a Designated Agent is a good solution for companies that don’t want to spend valuable resources on such an administrative task.  It is a great solution for HR departments that are already stretched to the limit and don’t have the luxury of adding additional tasks to their overflowing schedules.

Legal Employer is an E-Verify Designated Agent.  We assist companies of all sizes with their E-Verify and I-9 Compliance needs.  Many companies don’t understand the strict rules of use of the E-Verify system.  Other companies don’t have the time to learn the system which some consider complex and cumbersome.  Many employers just want the peace of mind knowing that such an important responsibility is being handled efficiently by experts.  They understand that what they don’t know could cost their company in time and money.

The E-Verify experts at Legal Employer navigate the complex rules concerning E-Verify requirements.  Contact us today for a free consultation.  What’s in you files?

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The USCIS (U.S. Citizenship and Immigration Services) is now issuing a “new and improved” Permanent Resident Card – aka – the Green Card.  The government decided to make it easy on employers and redesigned the card in green for ease of recognition!

 The new Permanent Resident Card incorporates state-of-the-art technology to prevent counterfeiting and facilitate accurate authentication. USCIS will now issue all Green Cards in the new, more secure format.  Recipients of the redesigned Permanent Resident Card will include those newly approved lawful permanent residents, as well as those who get a renewal or replacement card.

This is a positive step in decreasing incidents of identity theft and document fraud; it also creates more uncertainty for employers.  It is the employer’s responsibility to identify legitimate documents.  Many employers are not familiar with every version of the Green Card issued over time.

There have been several versions of the Green Card issued since its inception.  The first Green Card was issued in 1946 and was referred to as an Alien Registration Receipt Card.  They don’t have an expiration date and since March 20, 1996 are no longer allowed as evidence of permanent residency.  Other versions of the Resident Alien Card were issued in 1977 and 1989.  Neither of these cards is green in color.  In 1997, the card took on a new name – Permanent Resident Card and updated once again.  In 2004 another version was issued.  Each time the card was updated, additional security measures were added.

The holders of older cards will only receive the redesigned Permanent Resident Card, issued last month when seeking a renewal or replacement card.

The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud.  There are several major improvements in the redesigned Green Card.  Secure optical media store biometrics for rapid and reliable identification of the card holder.  Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce.  Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.

Employers who work with an I-9 compliance expert to help them navigate the complex requirements of Form I-9 and valid supporting documentation are less likely to face the thousands of dollars in fines and potential criminal prosecution.  Inspecting work authorization and identity documents is an essential part of meeting your responsibility to verify the work eligibility of each person you hire.  The experts at Legal Employer have helped employers of all sizes around the country with their I-9 and E-Verify needs.  What’s In Your Files?

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With Arizona’s new law to crack down on illegal immigration many are crying foul and demanding that the Federal Government take charge.  Common sense tells us that the Federal Government now has a stronger incentive to increase their efforts to address illegal immigration.  

Immigration and Customs Enforcement (ICE) currently targets illegal immigration by focusing on U.S. employers. These efforts have met with success so one can assume they will only increase.  ICE uses the I-9 Form and hiring records to target employers that do not comply with employment eligibility verification laws. These laws have existed since 1986.  Even errors unrelated to immigration or foreign workers can result in $110 to $1,100 for a minor violation (i.e. typos).

With increased scrutiny on U.S. employers, businesses should keep accurate I-9 records for employees, even if they do not employ foreign workers.

Now is the time to look at your I-9 forms, ensure you have an I-9 Compliance plan for your business – no matter what the size.

What’s in your files?

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For the past couple of months many businesses have spent considerable time getting their tax documents in order for fear of an audit by the IRS.  Now that taxes are filed many businesses are taking the time to ensure that their I-9 Forms are in order for fear of an audit from ICE (Immigration Customs Enforcement).  Unpreparedness could end up costing businesses tens of thousands of dollars in fines and penalties – far more than fines levied by the IRS. It will also cost businesses many hours of lost productivity for HR employees and company executives dealing with the demands of the inspection, not to mention damaging public relations.

Ensure that your company’s I-9 compliance processes in place. Stop and think – you don’t do your own business tax return or write your employee’s insurance policy without expert advice, why try and navigate the complex subject of I-9 Compliance without expert advice.  Is it worth the risk?  Get the right advice and make a commitment to bring your organization into 100% compliance with I-9 employment eligibility verification requirements. 

Make the small investment that could save you tens of thousands of dollars – tap the experts.  Legal Employer specializes in manual I-9 Compliance audit services and I-9 Training & Education.  These services minimize and/or eliminate the risk of civil fines and criminal action imposed by the federal government for failure to properly collect and maintain the required employee I-9 data and documents.  We will provide your company with peace of mind and help you to avoid costly fines in dealing with the challenges of I-9 Compliance.  Our experts provide cost efficient solutions through our comprehensive and I-9 audit and training services. 

Call us to today for a complimentary consultation and ask about our I-9 Audit Packages – an affordable way to the Road to I-9 Compliance – 1-866 -726-9620.  Let Legal Employer show you how you can save money by working with us to ensure that your I-9 documentation is in compliance.  http://www.legalemployer.com/html/contact.php

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DHS makes it very clear as to what fines await employers who are found to have missing I-9 forms or I-9 forms with mistakes – even those that many would consider “honest” mistakes.  Below are recommended penalties for noncompliance as well as guidance on how investigators should enhance the assessed fine. The recommended penalties are presented in two schedules – one for employers who have knowingly hired or continue to employ unauthorized workers, and another for substantive and uncorrected technical violations on the I-9 form. In both schedules, the range of penalties is determined by dividing the number of violations by the number of employees (violation percentage) and then considering whether it is a first offense, second offense, or a third or more offense.

The substantive/uncorrected technical violation schedule is as follows:

After the “base” fine is determined, investigators can also enhance the recommended fine by 5% for each of five separate factors, which include business size, good faith, seriousness, unauthorized workers, and history. The end result means that fines could be as great as 25% above or below the base recommended penalty.  Keep in mind that these fines are per mistake or “offense”.  With this in mind you can see how fines can add up quickly.

Legal Employer helps to educate its clients on I-9 Compliance and helps them to avoid costly fines and damaging PR by conducting internal I-9 audits before ICE comes calling.  Contact us today to see how we can help provide you with peace of mind when it comes to I-9 Compliance.

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 As Reported by the U.S. Immigration and Customs Enforcement – NEW ORLEANS – U.S. Immigration and Customs Enforcement (ICE) is issuing Notices of Inspection (NOIs) to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.

Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative is part of ICE’s increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.

“ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This effort is a first step in ICE’s long-term strategy to address and deter illegal employment,” said Raymond R. Parmer, Jr. acting special agent in charge of the ICE Office of Investigations in New Orleans.

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.

Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.

In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation’s lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The initiative being launched today is a direct result of this new strategy.

Before your business is called next – give Legal Employer a call and we can ensure that your I-9 Documentation is compliant with Federal Regulations.  We provide thousands of companies peace of mind each year when it comes to their I-9 Compliance.  Are you prepared should the ICEman Cometh to you?

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