W. Garnett & Associates: Human Capital Management Solutions » 1-9

Businesses Should Leave I-9 Audits To The Professionals

wgarnett — Fri, 23 Dec 2011 15:40:20 +0000

Company’s should audit their Form I-9’s annually, with a trained internal employee or an outside professional organization. One of the most common questions for employers under the Alabama Immigration Law is “how can I show a good faith belief my current workers are legal?” This question comes often as cities, counties and state agencies begin to send out letters to those who do business with them and are being asked to sign an E-Verify Affidavit of Compliance.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

Is the IMAGE Program Right for Your Business?

admin — Fri, 02 Dec 2011 15:16:08 +0000

It may be time to take another look at the Immigration and Customs Enforcement (ICE) IMAGE program. IMAGE stands for “ICE Mutual Agreement between Government and Employer”. IMAGE was created in 2006 as an initiative designed to encourage employer compliance and strengthen hiring practices in order to curtail the employment of unauthorized workers. Based on its original design, IMAGE was heavily slanted in favor of the government and gave little to no incentive for employers to join the program. The original program required an employer to submit to an ICE I-9 audit and be subject to the same penalty structure as non-IMAGE employers. As of January 2011 only 115 of the over 10 million employers in the U.S. had joined the IMAGE program. Recognizing the existing IMAGE program to be a dismal failure, the government revamped the program in 2011 and began an educational campaign to give employers information about the new and improved, kinder, gentler IMAGE program. To be IMAGE eligible an employer is required to:

Enroll in the E-Verify program;
Establish a written employment eligibility verification policy that includes internal Form I-9 audits at least once per year; and
Submit to an inspection of their Forms I-9.

ICE agrees to:

Waive potential fines if substantive violations are discovered on fewer than 1/2 of the employers I-9s;
Where more than 50% of the Forms I-9 contain substantive violations, ICE will mitigate fines or issue the minimum fine of $110 per violation;
Not conduct another Form I-9 inspection of the company for 2 years; and
Provide information and training after the inspection.

So, should you consider the IMAGE program for your business? Opening your doors to the government can be a scary prospect and it is certainly not a decision to be taken lightly. It is a good idea though to follow the government’s advice even if you choose not to participate in the IMAGE program. Having a written company compliance plan is smart business and may very well help establish that your company takes Form I-9 compliance and employment eligibility verification seriously. Conducting an internal audit will help you establish your current level of compliance, correct some mistakes, and establish a training program to move forward with stronger procedures. These are all best practices to protect your business and mitigate the risk penalties during an ICE investigation. Whether or not you decide to join in a partnership with the Federal government it is absolutely appropriate for you to heed their advice when it comes to addressing your Form I-9 policies and procedures.

Will Your Employee Documents Pass an ICE Audit?

wgarnett — Mon, 20 Jun 2011 14:46:03 +0000

Employers should review every employee immigration document on a regular basis. ICE currently believes that there are around eight million illegal workers throughout the United States. ICE is taking efforts to ensure that all employers have the correct employee documentation on file to prove that workers are legal citizens. Not only is ICE making sure that paperwork is documented and up to date, but it’s also making sure that businesses are staffing legal citizens. Many businesses have been getting away with illegal employee practices for a long period of time. The ICE is taking steps to crack down on this behavior. Immigration audits are easy to comply when completed by an experience HR practitioner.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

Chipotle Restaurants Under the Microscope of ICE Nationwide

wgarnett — Tue, 14 Jun 2011 14:35:23 +0000

Immigration Custom Enforcement has its eyes on Chipotle nationally. The Wall Street Journal quotes Robert Luskin of law firm Patton Boggs LLP in Washington, an outside counsel for Chipotle, as saying ICE agents visited 20 to 25 outlets and questioned workers, including managers and supervisors. Is your company having Form I-9 audits done periodically?

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

What Could Be the Company’s Elephant in the Room? I-9 Compliance

wgarnett — Wed, 04 May 2011 16:44:54 +0000

Many company’s don’t have a formal process for auditing their Form I-9’s. Which will cause problems for the company and management. 196 employers, owners, managers and supervisors were arrested last year because they ignored their Form I-9 problems. This wreaked havoc in their families and their finances. Could it happen to you? They could have had a much different story, they had contacted us.

The fact is, over 80% of employer I-9 Forms are flawed. You can’t afford to ignore this problem and hope you’re never audited by U.S. Immigration and Customs Enforcement (ICE). Have an experts review your I-9 Forms today and set in motion a plan to address the entire process of the Form I-9.

http://www.auditi9.com/70/are-you-ignoring-the-i-9-elephant-in-the-room/

W. Garnett & Associates
Human Capital Management
1-303-658-9342

I-9s and E-Verify Crackdown on Violators – Be Aware

wgarnett — Mon, 18 Apr 2011 15:16:36 +0000

Form I-9 violators will have problems if they are not aware. Immigration compliance requires ever business to be aware of their legal responsibilities. Not knowing the regulations will be costly. In 2010, the U.S. Immigration and Customs Enforcement (ICE) conducted its highest number of I-9 audits ever. And many more audits are coming in 2011. It’s all part of the Obama administration’s “bold new audit initiative” to find and punish employers that violate immigration laws and fail to properly complete I-9s. If you are interested in this full article link below.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

I-9 Compliance and Records Keeping for Employers May Create Legal Lines

wgarnett — Thu, 17 Mar 2011 16:03:20 +0000

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.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

Form I-9 Discrimination Violations – Best Practices

wgarnett — Thu, 17 Mar 2011 15:55:37 +0000

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.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

ICE to Audit Hiring Records of Companies for Compliance

wgarnett — Tue, 15 Mar 2011 15:14:13 +0000

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.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

Form I-9 Compliance is a Topic That Should Be Taken Seriously

wgarnett — Tue, 15 Mar 2011 14:47:02 +0000

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.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342