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Posts Tagged ‘Employer Compliance’

New I-9 Employment Eligibility Verification Form, Effective Sept. 18, 2017

Monday, July 17th, 2017

I-9+Website+High+res+Logo_x625[1]USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. On Sept. 18th, employers must use the revised form with a revision date of 07/17/17N. Employers must continue following existing storage and retention rules for any previously completed Form I-9s.

Revisions to the Form I-9 instructions:

  • USCIS changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
  • They removed “the end of” from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

  • Added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • Combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
  • Renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

USCIS included these changes in the revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which is also easier for users to navigate.

Should you have any questions or would like to discuss how your company can establish a culture of compliance, please contact us at info@immigrationcompliancegroup.com

I-9/E-Verify: Q&A – AILA Verification Committee Mtg w/USCIS Verification & ICE Homeland Security Investigation

Monday, January 23rd, 2017

http://www.dreamstime.com/stock-photo-questions-answers-image5665970

Clarification between Hiring site and worksite (page 5 at link)
E-Verify defines a “hiring site” as “the location where employees are hired and where they complete Form I-9.”

E-Verify further states that a “participating hiring site means that an employer will create an E-Verify case for every newly hired employee who is hired and
completes a Form I-9 at that site.”

Lastly, when an employee is hired remotely and visits a third party employer agent to complete Form I-9, for E-Verify purposes, the “hiring site” is the location of the third party employer agent where the Form I-9 was completed, not the home of the employee.

For all Q&A, refer here

 

Penalties for I-9 Violations: What you need to know

Monday, January 23rd, 2017

One group of customers standing on a red target bullseye, with magnifying glass hovering above it

The DOJ announced in August 2016 that it was making significant increases to the schedule of fines imposed for various violations including those associated with compliance with the Immigration Reform and Control Act of 1986 (“IRCA”) imposed sanctions on employers; namely:

Form I-9 Paperwork Violations:
Previous fine per Form I-9 violation: $110 to $1,100
Fine effective August 1, 2016 per Form I-9 Violation: $216 to $2,126

Unlawful Employment of Unauthorized Workers:
First Offense
Previous fine, per worker: $375 to $3,200
Fine effective August 1,2016 per worker: $539 to $4,313
Second Offense
Previous fine per worker: $3,200 to $6,500
Fine effective August 1, 2016, per worker: $4,313 to $10,781
Subsequent Offenses
Previous fine, per worker: $4,300 to $16,000
Fine effective August 1, 2016, per worker: $6,469 to $21,563

Unfair Immigration-Related Practices
First Order
Previous fine, per worker: $375 to $3,200
Fine effective August 1, 2016, per worker: $445 to $3,563 (however repeat offenders could face new maximum penalty of $21,563 per worker.)

These fines also increase per subsequent order and frequent offenders may face a maximum fine of $17,816 per worker.

As reported in one of our previous blog posts concerning employment verification under a Trump Administration:

Considering employment draws immigrants to the United States, it is likely that we will see stricter enforcement of the Form I-9 verification process under Trump’s presidency.  Starting next year, there will likely be more ICE officers and immigration judges hired to expedite cases.  This increase in staff may lead to an increase in the number of worksite inspections for I-9 compliance.  It is also possible that there will be an increase in penalties and fines for any violations uncovered.  Therefore, it is important for employer’s to ensure that their paperwork, policies, and practices are in order in case of an audit.  Given that Trump may overturn President Obama’s Deferred Action for Childhood Arrival (DACA), employers also need to be aware of which of their current foreign-born employees may become immediately undocumented and take proper action.

Trump has consistently applauded the E-Verify process for its systematic ability to filter out unauthorized employment.  In his position paper on immigration, he would mandate that the E-Verify process be used across the U.S.  Although, Trump will likely meet the same resistance as Congress has in the past, when it tried and failed several times to implement mandatory E-Verify.  That being true, Trump may still be able to strengthen or increase the program through unilateral executive orders.

BREAKING NEWS —————-NEW I-9 FORM RELEASED 11/14/2016

Monday, November 14th, 2016

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On Nov. 14, 2016 USCIS released a revised version of Form I-9, Employment Eligibility Verification.  Employers may continue using Form I-9 with a revision date of 03/08/2013N  through Jan. 21, 2017.  By Jan. 22, 2017, employers must use the revised form.

Employers should continue to follow existing storage and retention rules for all of their previously completed Forms I-9. Refer here for more information.

Remember to login to our webinar on Wednesday Nov. 16th, 3pm EST/12pm PST for training on the new I-9 form:  http://www.immigrationcompliancegroup.com/webinars2016/ and save the date for the E-Verify webinar as well on December 15, 2016.

 

 

OSC & ICE Publish Guidance to Employers on Internal I-9 Audits

Wednesday, December 16th, 2015

http://www.dreamstime.com/-image12707143

The Department of Justice’s Office of Special Counsel (OSC) and the U.S. Immigration and Customs Enforcement (ICE) have issued a six-page joint Guidance for Employers Conducting Internal Form I-9 Audits that can be viewed here:  http://www.justice.gov/crt/file/798276/download

This guidance is a result of a six-month intra-agency initiative to foster greater cooperation across government agencies in the I-9 audit space. The group overseeing this initiative, entitled the Interagency Working Group for the Consistent Enforcement of Federal Labor, Employment and Immigration Laws, is tasked with improving the effectiveness of investigations by ICE and the OSC.

For more

 

 

Recent DOJ Worksite Enforcement Settlements that Shed Light on Form I-9 Employer Compliance

Sunday, September 20th, 2015

One group of customers standing on a red target bullseye, with magnifying glass hovering above it

Plain and simple, failing to comply with IRCA’s I-9 rules have, and are continuing at a rapid rate, to result in significant fines, loss of access to government contracts, an onslaught of negative publicity, business closure, criminal penalties and even imprisonment.  Here are a few examples of recently settled cases in August 2015:

1) Creating discriminatory barriers for immigrants who have permission to work in the United States, $165 civil penalty with $50K in back pay:
http://www.justice.gov/opa/pr/justice-department-settles-discrimination-claim-against-louisiana-crane-construction

2) Requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documentary proof of their immigration status to verify their employment eligibility, $200K civil penalty: http://www.justice.gov/opa/pr/justice-department-settles-immigration-related-discrimination-claim-against-nebraska-based

3) City of Eugene, OR improperly restricted law enforcement positions to U.S. citizens at the time of hire, even though no law, regulation, executive order or government contract authorized such a restriction. must pay a civil penalty, train its employees about the anti-discrimination provision of the INA and be subject to monitoring by the Justice Department for a period of three years!
http://www.justice.gov/opa/pr/justice-department-settles-citizenship-discrimination-claim-against-city-eugene-oregon

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Immigration Compliance Group provides US inbound immigration services to individuals and employers throughout the USA and abroad. We specialize in business immigration and have a depth of experience in the IT, healthcare, arts, entertainment and sports industries, amongst others. Our services include complex business visas for investors, multinational managers, skilled professionals, outstanding individuals of high achievement (O-1, P visas, EB-1 and EB-2 Exceptional Ability cases) and PERM Labor Certification.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) management, auditing, training, and work with our clients to develop a culture of immigration compliance. Our door is open for new clients — we extend a 20% discount on the first case with our firm.  Contact us at info@immigationcompliancegroup.com or call 562 612.3996.

New Social Security Card Process to Commence Sept 9, 2015

Monday, August 24th, 2015
SSCard_iStock_000008528169_ExtraSmall (2)
The new rule provides SSA and the public with different options for verifying an applicant’s identity and other eligibility factors, noting that it will continue to require the same evidence to establish citizenship, age and identity. The new rule will also remove the requirement that individuals seeking a replacement SSN card file an SS-5 form, allowing them instead to complete a “prescribed application,” which the agency said would simply be the application form — whether paper, online or another efficient, user friendly method.  Additionally, the SSA will release, through a gradual, state-by-state rollout, an online application that will permit adult U.S. citizens who are not reporting any changes to their record to apply for replacement SSN cards electronically after registering through the my Social Security” portal.
 
How will this change procedures for processing the I-9 Employment Eligibility Verification Form?   The article states that employers are likely to find more rapid turnaround should employees lack a lost or misplaced social security card requiring reissuance. USCIS Form I-9 permits employers to initiate employment, in most instances, if hired employees can verify within three (3) days employment eligibility through the documentary requirements of USCIS Form I-9, including presentation of a valid social security card under “List C” of Form I-9.
 
– See more here
 
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Immigration Compliance Group provides US inbound visa services to individuals and employers throughout the USA and abroad. We specialize in business immigration and have a depth of experience in the IT, healthcare, arts, entertainment and sports industries, amongst others. Our services include complex business visas for investors, multinational managers, skilled professionals, outstanding individuals of high achievement and PERM Labor Certification. We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) management, auditing, training, and work with our clients to develop a culture of immigration compliance.

 

Can Driver Authorization Cards be used as a List B Document for I-9 Employment Verification?

Sunday, August 9th, 2015

Searching for a Niche Group - Magnifying GlassWe’re starting to intake alot of questions concerning these cards as they now filter through the system to employers charged with handling Form I-9 employment verification.

Twelve states and the District of Columbia enacted laws to allow unauthorized immigrants to obtain a driver’s licenses. These states—California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Utah, Vermont and Washington—issue a license if an applicant provides certain documentation, such as a foreign birth certificate, a foreign passport, or a consular card and evidence of current residency in the state. Eight of these states extended driving privileges in 2013. In 2015, Delaware and Hawaii enacted legislation to give unauthorized immigrants driving privileges.

Here are examples of some of the cards with various different annotations.

An employer is required to accept as a list B document an unexpired driver’s license or ID that meets the standard for I-9 purposes.  What’s the standard?  A photo and other identifying information such as, their name, date of birth, gender, height, eye color and address. The underlying issue here is state law vs. immigration (federal law) and USCIS regulations concerning Form I-9.

Both USCIS and OSC concur, despite the various different types of annotations that appear on driver authorization cards, that they meet the regulations for an acceptable List B document if they adhere to the standards mentioned above.

An employer is required to examine the documents presented by its employee and determine whether they meet Form I-9 requirements. If the employer accepts any document, including a state-issued license or driver authorization card, or other type of ID with a limiting notation as a List B document, the employer must also examine a List C document that evidences employment authorization in order to make a proper determination if the individual is eligible for employment.

Employers may reject a document if it does not reasonably appear to be genuine or to relate to the employee. Rejecting a document that satisfies Form I-9 requirements may constitute illegal discrimination under the Immigration and Nationality Act’s anti-discrimination provision or Title VII of the Civil Rights Act of 1964.

USCIS has published a set of FAQs on this topic that contain critical information and should be read, discussed and made a part of your training program for those charged with processing I-9 forms. Should you have any questions  on this matter or any other concerns regarding employer compliance issues, please feel free to contact us at info@immigrationcompliancegroup.com or call
562 612.3996.

E-Verify Announces Major Proposed Changes

Friday, July 17th, 2015

NEWS_dreamstime_s_36930151 (2)

USCIS released details of proposed new changes to the E-Verify program on June 8, 2015 that were published this week.  The notice, found here, proposes several changes to E-Verify and seeks public comments until August 7, 2015 and links to new Q&A.   These changes will affect all employer users, including Federal Acquisition Regulation (FAR) contractors.

The three critical changes entail:

1)  Requirement that employers re-verify the continuing work authorization of employees within three “Employer” days of the expiration of the employee’s “last” grant of work authorization.

a)  This requirement tracks the current continuing duty of employers to re-verify expiring work authorization of employees in Section 3 of the I-9 form or, in the alternative, to complete a new I-9.

b)  This differs from the I-9 process in that the E-Verify time frame for re-verification of the employment authorization is three days after its expiration, whereby the I-9 regulations state that an employer re-verify the expiring work authorization of an employee on or before the day it expires. In E-Verify, the proposed process cannot be started until after the expiration of the employment authorization.

c)  The re-verification requirement extends to employees hired before an employer began participating in the E-Verify program. Thus, the proposed change would require that employers re-verify an employee’s expiring work authorization regardless of whether they have previously created an E-Verify case for that employee or not. This again differs from the current E-Verify program rules that explicitly prohibit an employer verifying the work authorization of employees hired before the employer began participating in the program (with the exception of FAR E-Verify employers).

2)  Requirement that employers print the re-verification confirmation page and retain it along with an employee’s I-9 records or record the E-Verify re-verification case number on the employee’s I-9 Form.

3)  Provides a process for employees to seek review of E-Verify Final-Nonconfirmations.

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Immigration Compliance Group provides US inbound visa services to individuals and employers throughout the USA and abroad. We specialize in business immigration and have a depth of experience in the IT, healthcare, arts, entertainment and sports industries, amongst others. Our services include complex business visas for investors, multinational managers, skilled professionals, outstanding individuals of high achievement and PERM Labor Certification. We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) management, auditing, training, and work with our clients to develop a culture of immigration compliance.

 

California New AB 60 Driver’s License: Is it Good for Employment Eligibility?

Saturday, June 20th, 2015

SSCard_iStock_000008528169_ExtraSmall (2)Since early 2015, qualified California residents have been able to apply for and receive a driver’s license issued by the Department of Motor Vehicles without proving that their presence in the United States is authorized under federal law.  All employers must accept the AB 60 driver’s license as a Form I-9 List B Identity document if the license reasonably appears to be genuine and to relate to the individual.  As with all permissible List B driver’s licenses, the AB 60 driver’s license must contain either a photograph or list the individual’s name, date of birth, gender, height, eye color, and address. The AB 60 driver’s license only documents the employee’s identity; California employers must still examine a List C document that establishes employment authorization, such as a Social Security card or birth certificate.

 

View the Example of the AB-CA Driver’s License annotated with “Federal Benefits Apply”.