What’s New in March – E-Verify Self Check Goes Live
Have you heard about the “new” E-Verify Self Check? E-Verify Self-Check will allow individuals to check their own work authorization status prior to being hired by an employer. The purpose of allowing self-check is to facilitate the correction of errors which might lead to an employer receiving a tentative non-confirmation (TNC) at the time they process a new hire through E-Verify.
USCIS will roll-out “self-check” to users who maintain an address and are physically located in Arizona, Colorado, Idaho, Mississippi, Virginia, and the District of Columbia. This limited trial will allow for feedback and proper testing before E-Verify Self-Check is available nationwide. Click here to see the DHS published info about self check.
One has to ask the question, “Who does this benefit?” The current E-Verify process already allows for the possibility that a new hire’s information may be incorrect in government databases and has a very specific procedure the employer must follow if they receive a tentative non-confirmation (TNC) from E-Verify.
In the case of a TNC, the employer must give the employee the opportunity to correct erroneous information with the government and may not take any adverse action against the employee until they have been given the opportunity to correct that information. The employer must allow the employee to continue to work until the TNC has been resolved.
So why would an individual need to run a “self-check” before applying for a job? While some people may want to use E-Verify Self Check to satisfy their own curiosity, the only “real” reason I can think of is to check one’s FAKE or STOLEN DOCUMENTS to see if E-Verify will verify work authorization before taking the chance of presenting those fraudulent documents to an employer – which constitutes a felony!
To date, one of the most common objections to E-Verify is it encourages document fraud. In the case of identity theft, E-Verify often cannot discern if the documents presented by a new hire actually belong to that individual. This is a loop-hole that is getting smaller but is still a valid concern for employer’s who are using E-Verify.
From my perspective Self-Check creates many more problems than the “enhancement” it is designed to resolve. If an unauthorized worker wants to check to see if the fake documents he purchased are going to pass muster with an E-Verify employer, all he needs to do is use Self-Check.
We already know based on past performance that E-Verify is not an effective tool in recognizing cases of identity theft so again, I ask the question – who does this benefit? For me, the answer is obvious.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
The Cost of Non-Compliance With Immigration Requirements
The Obama administration has changed the direction of its efforts from the previous administration from going after illegal workers to now targeting the employers who hire them. According to U.S. Immigration and Customs Enforcement, Secretary of Homeland Security Janet Napolitano has directed ICE to focus it efforts on the auditing and investigation of employers who knowingly hire illegal workers. In 2010, ICE criminally charged a record-breaking 180 business owners, employers, managers and/or supervisors, up from 114 in 2009 and 135 in 2008. Additionally in 2010, ICE conducted more than 2,200 I-9 audits – up from more than 1,400 in 2009. That’s proof enough that ICE means business.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Protect the Proper Handling of Employee Discipline or Termination
“It in no way guarantees that you won’t be hit with a frivolous lawsuit, but if you have sound policies and you do your absolute best to follow them, and had a legitimate reason for the discipline or termination, ultimately, you will be in a stronger position than if those things were not there,” says Schwarz. “With the economy, there has been a dramatic increase in the last two to three years in the number of retaliatory discharge claims and wrongful termination claims, and employers need to take steps to protect themselves.”
W. Garnett & Associates
Human Capital Management
1-303-658-9342
I-9 Compliance and Records Keeping for Employers May Create Legal Lines
Employers may be fined for paperwork violations, even if employees have lawful work status. Errors and questions relating to I-9 compliance are common, and employers should consult with an immigration attorney for more complete advice to assure compliance and to avoid discrimination.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Form I-9 Discrimination Violations – Best Practices
A major vacuum manufacturer recently suffered discrimination allegations when it imposed unnecessary documentation requirements on lawful permanent residents, or green card holders. Under the Immigration and Nationality Act (INA), employers are prohibited from treating permanent residents differently from U.S. citizens. However, the company required its permanent resident workers to provide new documentation when their green cards expired, while employees with U.S. citizenship were not asked to present any new documents.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
ICE to Audit Hiring Records of Companies for Compliance
The Obama Administration is increasing pressure on employers to only hire qualified employees. ICE will audit 1,000 companies’ I-9 files and the documents employees used to fill out the form.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Form I-9 Compliance is a Topic That Should Be Taken Seriously
Immigration and Customs Enforcement (ICE) is on a mission and your business is in their crosshairs. This week, ICE issued 1000 Notices of Inspection to companies just like yours requesting Form I-9 documentation for all current employees plus the I-9 records of all employees terminated within the last 3 years.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
