W. Garnett & Associates: Human Capital Management Solutions » Immigration Compliance http://wgarnett.com Human Capital Management Solutions For The REAL World Mon, 23 Jan 2012 16:00:42 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 I-9 Compliance in 2012: What Companies Need to Know http://wgarnett.com/wes-blog/i-9-compliance-in-2012-what-companies-need-to-know/ http://wgarnett.com/wes-blog/i-9-compliance-in-2012-what-companies-need-to-know/#comments Mon, 23 Jan 2012 15:52:33 +0000 wgarnett http://wgarnett.com/?p=4514 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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]]> http://wgarnett.com/wes-blog/i-9-compliance-in-2012-what-companies-need-to-know/feed/ 0 What HR Topics Will You Be Watching in 2012 http://wgarnett.com/wes-blog/what-hr-topics-will-you-be-watching-in-2012/ http://wgarnett.com/wes-blog/what-hr-topics-will-you-be-watching-in-2012/#comments Mon, 23 Jan 2012 15:44:35 +0000 wgarnett http://wgarnett.com/?p=4513 2012 will pose extreme issues for employers and employees.  As we close the books on 2011, many businesses are looking at strategies and tactics for the new year. Given recent waves of market uncertainty, this year poses a unique challenge for decision-makers and C-level executives. While there are numerous financial considerations ranging from healthcare compliance to tepid consumer confidence, human resource managers have been forced to align their practices with the evolving global economy.

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]]> http://wgarnett.com/wes-blog/what-hr-topics-will-you-be-watching-in-2012/feed/ 0 What is Form I-9 and What is the Importance of I-9 Compliance? http://wgarnett.com/wes-blog/what-is-form-i-9-and-what-is-the-importance-of-i-9-compliance/ http://wgarnett.com/wes-blog/what-is-form-i-9-and-what-is-the-importance-of-i-9-compliance/#comments Sun, 25 Dec 2011 15:29:12 +0000 wgarnett http://wgarnett.com/?p=4424 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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]]> http://wgarnett.com/wes-blog/what-is-form-i-9-and-what-is-the-importance-of-i-9-compliance/feed/ 0 Have You Scheduled A Review Of Your Employment Practices For 2012? http://wgarnett.com/wes-blog/have-you-scheduled-a-review-of-your-employment-practices-for-2012/ http://wgarnett.com/wes-blog/have-you-scheduled-a-review-of-your-employment-practices-for-2012/#comments Sun, 25 Dec 2011 15:05:01 +0000 wgarnett http://wgarnett.com/?p=4460 There are significant changes to employment practices for 2012, are you ready?  The Wage and Hour Division expects to conduct an additional 3,250 investigations in 2012, which will mainly target industries with higher rates of violations. These industries are construction, child care, home health care, grocery stores, janitorial businesses, poultry and meat processing, business services and landscaping.

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]]> http://wgarnett.com/wes-blog/have-you-scheduled-a-review-of-your-employment-practices-for-2012/feed/ 0 Businesses Should Leave I-9 Audits To The Professionals http://wgarnett.com/wes-blog/businesses-should-leave-i-9-audits-to-the-professionals/ http://wgarnett.com/wes-blog/businesses-should-leave-i-9-audits-to-the-professionals/#comments Fri, 23 Dec 2011 15:40:20 +0000 wgarnett http://wgarnett.com/?p=4457 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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]]> http://wgarnett.com/wes-blog/businesses-should-leave-i-9-audits-to-the-professionals/feed/ 0 Form I-9 Errors Will be Costly for Violators http://wgarnett.com/wes-blog/form-i-9-errors-will-be-costly-for-violators/ http://wgarnett.com/wes-blog/form-i-9-errors-will-be-costly-for-violators/#comments Sun, 04 Dec 2011 17:14:32 +0000 wgarnett http://wgarnett.com/?p=4404 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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]]> http://wgarnett.com/wes-blog/form-i-9-errors-will-be-costly-for-violators/feed/ 0 The Majority of Colorado Businesses Not Verifying Employees Eligibility http://wgarnett.com/wes-blog/the-majority-of-colorado-businesses-not-verifying-employees-eligibility/ http://wgarnett.com/wes-blog/the-majority-of-colorado-businesses-not-verifying-employees-eligibility/#comments Sun, 04 Dec 2011 17:02:09 +0000 wgarnett http://wgarnett.com/?p=4421 Colorado businesses has a responsibility to verify employees eligibility.  More than half of Colorado businesses have failed to comply with a state law that requires them to verify that new employees are in the country legally, according to an audit released earlier this week.

Auditors found that the Colorado Department of Labor and Employment is not doing enough to assure compliance with the law, adopted during a 2006 special session of the General Assembly focusing on illegal immigration.

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]]> http://wgarnett.com/wes-blog/the-majority-of-colorado-businesses-not-verifying-employees-eligibility/feed/ 0 ICE Checking Records for Hiring of Illegal Immigrants http://wgarnett.com/wes-blog/ice-checking-records-for-hiring-of-illegal-immigrants/ http://wgarnett.com/wes-blog/ice-checking-records-for-hiring-of-illegal-immigrants/#comments Sat, 03 Dec 2011 17:03:28 +0000 wgarnett http://wgarnett.com/?p=4401 2011 offers another round of Form I-9 Audits by Immigration Custom Enforcement or ICE. While reaffirming that the audits are intended to foster a culture of compliance among potential employers of illegal immigrants, the agency noted that this is the fifth such audit program. In the fiscal year 2010 ICE arrested 196 employers from 2,338 audits. The 2,196 audits of the preceding 2009 fiscal year resulted in 114 employer arrests.

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]]> http://wgarnett.com/wes-blog/ice-checking-records-for-hiring-of-illegal-immigrants/feed/ 0 Company’s Beware, Fresh Round of I‑9 Audits gets Front Page Coverage http://wgarnett.com/wes-blog/companys-beware-fresh-round-of-i%e2%80%919-audits-gets-front-page-coverage/ http://wgarnett.com/wes-blog/companys-beware-fresh-round-of-i%e2%80%919-audits-gets-front-page-coverage/#comments Sat, 03 Dec 2011 16:55:38 +0000 wgarnett http://wgarnett.com/?p=4400 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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]]> http://wgarnett.com/wes-blog/companys-beware-fresh-round-of-i%e2%80%919-audits-gets-front-page-coverage/feed/ 0 What is your Company’s Responsibilities With An ICE Notice of Inspection? http://wgarnett.com/wes-blog/what-is-your-companys-responsibilities-with-an-ice-notice-of-inspection/ http://wgarnett.com/wes-blog/what-is-your-companys-responsibilities-with-an-ice-notice-of-inspection/#comments Sat, 03 Dec 2011 16:43:36 +0000 wgarnett http://wgarnett.com/?p=4399 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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Human Capital Management
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