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

I-9 Compliance in 2012: What Companies Need to Know

wgarnett — Mon, 23 Jan 2012 15:52:33 +0000

The Form I-9 will pose additional problems in 2012, are you ready? In the last few years, the federal government has initiated I-9 audits with increased vigor as a result of both substantially increased funding and public debate about illegal immigration. The audits continue to include companies of all sizes across industries and geographic areas with a continued focus on so-called crucial infrastructure companies (transportation, food, energy, chemical production, among others). These audits should cause companies of all sizes and across the entire United States to review and re-think their I-9 compliance strategies.

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

What is Form I-9 and What is the Importance of I-9 Compliance?

wgarnett — Sun, 25 Dec 2011 15:29:12 +0000

How compliant is your company with the Form I-9 requirements? Since 1986, the Immigration Reform and Control Act (IRCA) has mandated the use of a Form I-9 by all U.S. employers. This form is used for employment eligibility verification of all newly hired employees – both citizen and non-citizen – and must be completed within three business days of employment.

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

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

Form I-9 Errors Will be Costly for Violators

wgarnett — Sun, 04 Dec 2011 17:14:32 +0000

Errors completing the Form I-9 will be expensive for violating companies. Internal I-9 Audits should be in writing, and should involve not only correction of errors, but also updates in policies and procedures and training, to ensure good corrections and prevention of future errors. Audits should be conducted by quailed, well trained, impartial auditors who are able to review I-9 from the point of view of preparing the employer to defend itself from DHS.

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

Company’s Beware, Fresh Round of I‑9 Audits gets Front Page Coverage

wgarnett — Sat, 03 Dec 2011 16:55:38 +0000

Notice of Inspection audits are back on the mines of ICE. The latest Wall Street Journal story relayed news that ICE had issued a “notice of inspection” or NOI, to 1,000 employers nationwide in fields related to critical infrastructure and key resources. You can read more about this story in a recent I-9 Compliance Bulletin.

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

What is your Company’s Responsibilities With An ICE Notice of Inspection?

wgarnett — Sat, 03 Dec 2011 16:43:36 +0000

Do you know what process should be followed when you receive a NOI? When you first receive your NOI, begin by gathering all documentation. The agent will usually provide a list of what documentation ICE is requesting. Of course, it will list Form I-9, but it may also include a copy of your payroll, a list of current employees and business licenses. A Special Agent in Charge can also ask for Social Security no-match letters, lists of managers and copies of company compliance policies. If you feel you won’t meet the deadline, you can request a delay. It might even be best to retain a document management service which is experienced in immigration law. A service can assess your compliance before the inspection and prevent issues from arising.

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

Inspection Notices to Employers in June 2011, ICE is on the Move

wgarnett — Sat, 03 Dec 2011 16:31:58 +0000

ICE is back on the move with Immigration audits in 2011, are you in compliance? As reported in the Wall Street Journal article “More ‘Silent Raids’ Over Immigration,” the U.S. Immigration and Customs Enforcement (ICE) – the principal investigative arm of the Department of Homeland Security (DHS) – has issued 1,000 new I-9 inspection notices in June 2011 to companies in all 50 United States as part of the government’s “quiet immigration raid” policy to crackdown on employers of illegal immigrants. This new round of I-9 inspections brings the number of companies audited by ICE in the fiscal year that began October 1, 2010 to 2,338, topping the previous year’s record of 2,196.

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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.

Are You Ready for Your Notices of Inspection?

admin — Thu, 17 Nov 2011 16:56:36 +0000

ICE served another round of inspections notices on November 4th. According to a statement released by the ICE department of public affairs:

“U.S. Immigration and Customs Enforcement (ICE) issued Notices of Inspection (NOIs) to various employers on Friday, Nov. 4. These inspections are designed to determine whether or not the businesses are violating U.S. employment laws by hiring unauthorized workers. The names and locations of the businesses will not be released at this time due to the ongoing nature of the inspections.”

This type of action by ICE has become a last quarter tradition. It seems every year as the leaves fall off the trees and people begin thinking of turkey and cranberry sauce, ICE crashes the party by issuing inspection notices to hundreds of employers. These Notices of Inspection are demands for I-9 document records and give an employer a measly 3 days to collect and turn-over all of their current employees’ records as well as all of the employees who have been terminated within the last 3 years. Once ICE receives the Form I-9 records from the employer, the entire audit process can take a year or more to complete and culminate in a Notice of Intent to Fine which outlines every error and omission discovered by ICE during the review of the documents. Each error that cannot be corrected by the employer will be assigned a fine amount. Fines often total tens of thousands of dollars, sometimes employers pay in the millions! This is a cautionary tale. If your business did not receive a Notice of Inspection this month, count yourself lucky…but it is no time to relax! If history is any indicator, ICE will be back in the spring, issuing more notices and your business may very well be on their list. Taking a proactive approach to managing your I-9 compliance includes conducting a comprehensive audit. An experienced independent auditor can help you identify areas of non-compliance and assist you in developing a plan to repair the costly mistakes that are inevitable in most organizations. Statistically, when ICE investigates, they find errors on over 50% of the I-9s they audit and each one of those errors costs you money. Don’t be fooled into thinking you are immune from a worksite inspection because you are not hiring undocumented workers. Remember, ICE will inspect your I-9 process to be sure you are complying with the rules and regulations when you complete the I-9 form for each new hire. The inspection focuses on Form I-9 compliance, not on looking for illegal workers. You can help protect your business from the huge fines associated with an I-9 inspection by conducting an internal audit of your own I99 records BEFORE you are visited by government agents. Put this on your “To-Do List” and move it to the top. Spring will be here before you know it and the next round of Notices of Inspection will be issued. Will you be prepared or will you be sorry?

What Employers Need to Know About ICE Verification & Audits

wgarnett — Fri, 05 Aug 2011 14:34:12 +0000

Immigration and Custom Enforcement requires specific documents to complete their audits. This round of NOIs continues ICE’s trend to investigate employer’s compliance with federal immigration law through I-9 audits. The last round of NOIs was issued in February to 1,000 businesses. ICE has reported issuing over 2,300 NOIs to businesses this year. This is an increase from the reported 2,196 audits issued in fiscal year 2010 and the 1,444 audits in fiscal year 2009.” Would your company pass the ICE compliance audit?

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