What is Form I-9 and What is the Importance of I-9 Compliance?
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.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Businesses Should Leave I-9 Audits To The Professionals
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.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Company’s Beware, Fresh Round of I‑9 Audits gets Front Page Coverage
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.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
What is your Company’s Responsibilities With An ICE Notice of Inspection?
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.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Are You Ready for Your Notices of Inspection?
ICE served another round of inspections notices on November 4th. According to a statement released by the ICE department of public affairs: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?“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.”
Immigration Paperwork Audit Catches Employers by Surprise
Immigration Customs Enforcement audits are surprising employers around the country. Until recently, Form I-9 infractions have not been top of mind because it’s just a one-page form filled out during the new hire process. The odds of an ICE (U.S. Immigration and Customs Enforcement Agency) inspector showing up on your doorstep were miniscule. However, the risk has significantly increased over the last few years. ICE fines are costing businesses thousands of dollars per audits.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Is Your Company Prepared For I-9 Audits and Immigration Compliance?
Who in your company is the immigration expert? The first step in an Immigration and Customs Enforcement (”ICE”) audit is the service of a Notice of Inspection demanding the employer produce the I-9’s for its employees within 3 days. ICE has subpoena power and typically a company will be compelled to produce a copy of the payroll, list of current employees, Articles of Incorporation, business licenses, and social security no-match letters (if any). You are placing your company at great risk if your not aware of immigration compliance.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
What Could Be the Company’s Elephant in the Room? I-9 Compliance
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
What Else Will Drive you Insane? The Form I-9 On-boarding Process
Many people know the definition of insanity as doing the same thing over and over again and expecting different results. Unfortunately, many employers are taking an “insane approach” to I-9 training by utilizing in-house trainers who are not qualified to teach Form I-9 compliance.
These in-house trainers are not experts concerning employer sanctions and are simply training hiring managers to commit the same mistakes over and over again, perpetuating a pattern of non-compliance! Worse yet, many hiring managers never receive any training because…well, it’s a one page form – how hard can it be?
Form I-9 Compliance – What It Really Involves
The problem is the entire Form I-9 process is much more complex than just filling out a 1 page form. Form I-9 compliance requires an understanding of immigration law, anti-discrimination provisions, document fraud, identity theft, and many other factors.
Failing to properly train hiring managers in proper on-boarding procedures may put an employer at significant risk. In fact, the US Citizenship and Immigration Service (USCIS) lists “TRAINING”” as one of the Top Ten Best Practices for I-9 compliance, yet most employers are not addressing this very powerful solution to compliance issues.
I-9 Compliance Solution
Somehow, there is always an excuse not to “get around to it”. Excuses run the gambit from “We don’t need training” to “It’s too expensive or too time consuming.” Fortunately, I-9 Okay has heard these concerns and developed THE SOLUTION to I-9 training.
Our information packed step-by-step Form I-9 Compliance Training is delivered on-demand via the internet, on your schedule and priced to fit any training budget. There is no longer any excuse not to train every person who is responsible for I-9 completion for your company.
For more information visit our website www.I-9okay.com
W. Garnett & Associates
Human Capital Management
1-303-658-9342
I-9s and E-Verify Crackdown on Violators – Be Aware
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.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
