Badmus

Washington D.C. - As Congress works on bills to extend unemployment benefits and create jobs, they are likely to face considerable pressure to include E-Verify amendments. E-Verify is a federal, web-based, employment verification program. As the latest IPC fact check explains, those who claim that E-Verify will prevent unauthorized workers from gaining employment ignore the fact that the program harms U.S. citizen and legal immigrant workers who will be ensnared by database errors and forces U.S. businesses to bear additional costs associated with the program. Small businesses - which employ approximately 50% of the U.S. workforce - would be disproportionately affected. At a time when the U.S. economy is still struggling to recover from recession and the national unemployment rate hovers around 10%, expanding E-Verify before improving it would be a costly and chaotic mistake.

To read the fact sheet in its entirety see:  

• How Expanding E-Verify Would Hurt American Workers and Business (IPC Fact Check, March 2, 2010) 
  

Also see, from our Repairing our Broken Immigration System series:

• Employment Verification: Repairing our Broken Immigration System   (IPC Fact Check, November 12, 2009)

Categories: Legislation and Policy, Employer Compliance, General |

The Department of Homeland Security’s Immigration and Customs Enforcement Agency (ICE) has announced that it will audit the I-9 forms of thousands of businesses in the coming years. With potential fines of $110 to $1100 for each violation found on an I-9 form, no matter how innocent, companies must ensure that their I-9 forms are error-free. Here are the 10 most common mistakes employers make that can costs thousands if left uncorrected.

Mistake #1 - The Employer and/or employee fails to sign and date the I-9 forms where indicated on the form.

Mistake #2 - The employee fails to complete section 1 of the I-9 Form on the first date of work.

Mistake #3 - The Employer does not examine the I-9 documents and fails to complete section 2 of the I-9 form with three business days of hire.

Mistake #4 - The Employer leaves the start date for work blank in the “certification” block of section 2.

Mistake #5 - The employee does not mark one of the four blocks in section 1 regarding his or her status or fails to provide the necessary information for the third and fourth blocks. The employee must indicate whether he is a U.S. citizen, noncitizen national, permanent resident, or otherwise authorized to be employed.

Mistake #6 - The Employer forgets to track the expiration date of work authorization and does not re-verify an employee’s employment authorization on or before the expiration date listed on the I-9 form.

Mistake #7 - The Employer over-documents and lists too many documents in section 2. This could lead to a discrimination charge against the Employer.

Mistake #8 - The Employer looks at photocopies rather than original verification documents. The employee must present original documents and the Employer should never accept photocopies of documents for verification.

Mistake #9 - The Employer fails to match the employee’s verification documents - the Employer should look for a match and consistency in the employee’s name and date of birth on the documents.

Mistake #10 - The Employer fails to consistently apply its photocopying policy. The law does not require Employer to make copies of verification documents; however, if the Employer does make copies, it must make copies for all employees, not just some. And, any copies of verification documents must be kept with the I-9 form and nowhere else.

An internal audit of your I-9 forms can uncover these mistakes and correcting them before a government audit can save you thousands!

Categories: Employment Immigration, Employer Compliance, Blogroll |

February 1, 2010

Washington D.C. - Today, the Immigration Policy Center (IPC) releases the final in its series of “Solutions Papers,” Future Flow: Repairing our Broken Immigration System. The perennial question of how to regulate future employment-based immigration flows has been, by far, one of the greatest sticking points in the immigration reform debate. In 1986, lawmakers passed the Immigration Reform and Control Act (IRCA) in an attempt to reign in undocumented immigration through heightened worksite and border enforcement, combined with legalization of most undocumented immigrants already in the country. Unfortunately, IRCA failed to address the fact that immigrant workers would be needed in the future, and the lack of future flow mechanisms resulted in a large unauthorized immigrant population.

Policymakers now have the opportunity to realistically assess our future employment-based immigration needs. This includes permanent and temporary visas, high-skilled and low-skilled workers. Many people agree that our current legal immigration flow is drastically out of sync with America’s labor needs. If the U.S. is to thrive in the globalized 21^st century economy, employment-based immigration must be seen as a strategic resource that can both meet labor market needs and foster economic growth and competition while still protecting U.S. workers and improving wages and working conditions. This paper lays out the key principles for future employment-based immigration flows within the context of comprehensive immigration reform.

To read the paper in its entirety, see: 
Future Flow: Repairing our Broken Immigration System
(IPC Focusing on the Solution series, February 2, 2010)
 

To read other papers in the series, see:

Family Immigration: Repairing our Broken Immigration System 
(IPC Focusing on the Solutions series, January 15, 2010)

Enforcing Immigration Laws: Repairing our Broken Immigration System
(IPC Focusing on the Solutions series, December 8, 2009)

Naturalization and Integration: Repairing our Broken Immigration System
(IPC Focusing on the Solutions series, December 4, 2009)

Employment Verification: Repairing our Broken Immigration System
(IPC Focusing on the Solutions series, November 12, 2009)
 
Earned Legalization: Repairing our Broken Immigration System
(IPC Focusing on the Solutions series, November 5, 2009)

Breaking Down the Problems: What’s Wrong With our Current Immigration System
(IPC Special Report, October 21, 2009)
 

Categories: Legislation and Policy, Employment Immigration, Employer Compliance, General |

Those working with H-1B visas need to be aware that the USCIS is conducting approximately 25,000 random worksite visits to verify that the H-1B employee is actually employed with the sponsoring employer as described in the H-1B petition.  Many of our clients employed by both large and small employers have already experienced these unannounced visits.  It’s important that you and your employer are ready for these visits which usually include an interview with your employer’s representative, an interview with you, and a tour of the work facility.  Here are five steps you should take to prepare for and respond to a surprise visit to your workplace:
1.Review the H-1B petition filed by your employer to make sure your work locations, title, job duties, and wages are listed correctly. If not, contact your employer and lawyer immediately for further advice.
2. Have your attorney’s number available so you can call her immediately, before you begin your interview with the investigator. You are entitled to have your attorney present by phone or in person.
3. If you  work at a location not controlled by your employer, contact the  facility representative to let them know about the possibility of a site visit and advise them to contact you and your employer immediately in case of a surprise visit.
4. Ask your employer to contact the attorney who prepared the H-1B petition to help with a self-audit of their H-1B compliance files which are required for all employers.
5. Schedule a mock interview with your employer and attorney to prepare for a possible site visit so you can feel more comfortable if it happens.

Categories: Employment Immigration, Employer Compliance, Medical Professionals, General |

On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.

“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”

The 1,000 businesses served with audit notices this week were selected for inspection as a result of investigative leads and intelligence and because of the business’ connection to public safety and national security-for example, privately owned critical infrastructure and key resources. The names and locations of the businesses will not be released at this time due to the ongoing, law enforcement sensitive nature of these audits.

Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual’s identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.

Protecting employment opportunities for the nation’s lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.

In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement priorities-specifically focusing on dangerous criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.

Statistics since implementation of new ICE worksite enforcement strategy on April 30:

• 45 businesses and 47 individuals debarred;
  • 0 businesses and 1 individual were debarred during same period in FY 2008.
• 142 Notices of Intent to Fine (NIF) totaling $15,865,181;
  • ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
• 45 Final Orders totaling $798,179;
  • ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.
• 1,897 cases initiated;
  • ICE initiated 605 cases during the same period in FY 2008.
• 1,069 Form I-9 Inspections;
  • ICE initiated 503 Form I-9 Inspections in all of FY 2008.

In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before today - part of ICE’s effort to audit businesses suspected of using illegal labor.

Statistics resulting from the 654 audits announced in July:

• ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents - approximately 16 percent of the total number reviewed.
• To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
• ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance

Categories: Employment Immigration, Employer Compliance, General |

At a November 19, 2009, program put on by the Department of Homeland Security, titled “2009 Government and Employers: Working Together to Ensure a Legal Workforce,” Ronald Atkinson, Chief of Staff of USCIS’ Fraud Detection and National Security (FDNS) office, explained the three types of site visits that are currently being conducted:

1. Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based, this study is part of a joint program between USCIS and ICE. Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.

2. Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.

3. Administrative site visits. These relate to religious worker and H-1B petitions. They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there’s really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.

AILA InfoNet Doc. No. 09112060 (posted Nov. 20, 2009)

Categories: Employment Immigration, Employer Compliance, General |

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify Clause. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.

E-Verify, which compares information from the Employment Eligibility Verification Form (I-9) (see link to the right) against federal government databases to verify workers’ employment eligibility, is a free web-based system operated by DHS in partnership with the Social Security Administration (SSA). The system facilitates compliance with federal immigration laws and helps to deter unauthorized individuals from attempting to work and also helps employers avoid employing unauthorized aliens.

The Federal Acquisition Rule; Case 2007-013; Employment Eligibility Verification (see link to the right) extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.  Applicable federal contracts awarded and solicitations issued after Sept. 8 will include a clause committing government contractors to use E-Verify. 

Companies awarded a contract with the E-Verify clause on or after Sept. 8 will be required to enroll in E-Verify within 30 days of the contract award date.  E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States. 

Categories: Employer Compliance, General |

On August 25, 2009, The United States District Court for the District of Maryland, Southern Division, granted Defendants’ cross motion for summary judgment in Chamber of Commerce of the USA v. Napolitano, a case challenging the mandatory E-Verify rule for federal contractors. Chamber of Commerce of The U.S.A. v. Napolitano, (S.D. Maryland, 08/25/09).   This means that, as of 9/8/09, the Federal Appropriation Regulations will require that most federal contractors and their subcontractors use the E-Verify for active and new employees.  For a copy of the District Court opinion, click here.
 

Categories: Employment Immigration, Employer Compliance, General |

U.S. Citizenship and Immigration Services (USCIS) announced on August 27, 2009 that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009. Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.

Categories: Employment Immigration, Employer Compliance |

DHS Proposes to rescind Bush Administration “No-Match” rule: On August 19, DHS published a proposed rule in the Federal Register that would rescind a Bush Administration regulation that outlined for employers what they must do upon receiving a letter from the Social Security Administration that tells the employer that an employee’s name and Social Security number do not match Social Security Administration records. Failure to abide by the regulation might make the employer vulnerable to an immigration enforcement action. That rule has never gone into effect, because a preliminary injunction was issued against the rule in response to a lawsuit.

The new proposed rule states that, after a review of agency policies, it was determined that DHS would obtain better results by focusing on other worksite enforcement tools, such as E-Verify and ICE’s “IMAGE” program (where an employer enters into an agreement with ICE, enrolls in E-Verify, submits to an I-9 audit, and takes certain other steps). 

Comments are due by September 18. 

The Senate’s version of the DHS Appropriations bill (pending a conference to work out differences with the House) contains a provision inserted by Senator Vitter (R-LA) that would prohibit DHS from spending money to rescind the Bush Administration regulation.

-By National Immigration Forum

Categories: Employment Immigration, Employer Compliance |