Immigration Audits Now Focused on I-9s
The United States Department of Homeland Security has changed its focus from conducting raids to auditing employer records, specifically focusing on I-9 records as a starting point in its quest to eliminate the hiring or retention of undocumented workers. These I-9 audits have been highly publicized in the media, including the issuance of 652 notices in July 2009 and another 1,000 in November 2009.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
I-9 audit – Are You Ready?
There is no doubt that immigration is a major target area for the government. As an employer, you must be sure you’re in compliance with the immigration laws. If you’re looking to cover your bases, start by getting a understanding of the I-9, the Employment Eligibility Verification Form.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Know the Rules Around Form I-9 Compliance
For each employee, an I-9 form must be completed within three days of the hiring date and held on file by the hiring company. If the employee is unable to furnish the needed documents, then he or she can be terminated. On the I-9 form there is a List A, which are documents that can establish both identity and authorization to work in the U.S. The employee only needs to furnish one of these items. If no items from List A are available, then one item from List B, which establishes identity only, and one item from List C, which establishes employment eligibility, must be provided.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Employment Authorization Verification Measures: What Employers Need To Know
With the regulation abandoned, employers again have little guidance on their obligations upon receiving no-match letters from the SSA. Soon after the Obama Administration put the new head of the Department of Homeland Security (DHS) in place, the agency had to deal with two draft regulations that had been put on the back burner for some time. The first—the so-called social security no-match regulation— was nixed by the DHS without much elaboration. The no-match regulation, introduced by DHS through its police arm, Immigration and Customs Enforcement (ICE), proposed to hold employers liable for constructive knowledge of hiring unlawful workers who were the subject of no-match letters from the Social Security Administration, if the employers did not clear-up or terminate such employees within a prescribed period. The SSA regularly mails out these no-match letters to employers on behalf of certain employees whose social security numbers do not match their names on the SSA database. Opponents of the no-match regulation argued that the social security numbers bear little correlation to immigration status, and holding employers accountable for clearing up discrepancies would be costly to administer and ineffective in curtailing unlawful employment. Link to the full article below.
http://www.mondaq.com/article.asp?articleid=87234&email_access=on
W. Garnett & Associates, HR Consultant
1-888-884-3910
Migration Policy Institute Releases Report on E-Verify
On July 20, 2009, the Migration Policy Institute (MPI) released a report that examines the federal government’s E-Verify program and urges Congress and the Department of Homeland Security (DHS) to take immediate steps to strengthen the system while also testing alternatives for a next-generation E-Verify. E-Verify is the free, voluntary, web-based program operated by the DHS, in partnership with the Social Security Administration (SSA), that allows participating employers to electronically verify the employment eligibility of their newly hired employees (i.e., it compares information from the Form I-9, Employment Eligibility Verification, against federal government databases to verify workers’ employment eligibility).
You can read the full article below.
http://hr.cch.com/news/uiss/090909a.asp
W. Garnett & Associates, HR Consultant
1-888-884-3910
ICE Targets Employers by Launching I-9 Audit Program
Implementing a new audit initiative, the U.S. Immigration and Customs Enforcement Service (ICE) has served Notices of Inspection on 652 businesses nationwide. The notices inform employers that ICE will be inspecting their I-9’s and other employment records to ascertain whether the employers are in compliance with federal immigration laws and regulations.
Read the full article below.
W. Garnett & Associates, HR Consultant
1-888-884-3910
Could the New Administration be changing Immigration Rules?
This week, the U.S. Department of Homeland Security imposed new restrictions on employers with federal contracts, and at the same time promised not to penalize employers who hire workers with invalid social security numbers.
The full article is on the link below.
http://fox21online.com/news/newest-policies-immigrant-employment-cheered-jeered
W. Garnett & Associates, HR Consultant
1-888-884-3910
W. Garnett & Associates Launches 1-9 Audit Service
W. Garnett & Associates has launched an intensive I-9 service for employers who have not yet been able to comply with federal regulations.
Denver employers are at risk of Federal Department of Labor violations for hiring practices. which can results in criminal prosecutions and fines.
The specialize audit of W. Garnett & Associates identifies areas of risk and helps employers avoid unnecessary legal costs.
Denver area employers with I-9 questions or needs should contact W. Garnett & Associates at 1-303-699-5029.
