On Sept. 16, 2012, E-Verify provided several enhancements to improve your experience with the program. We particularly like these new features:

• For Corporate Administrators: A new Web-based tutorial replaces the live webinar training required of new Corporate Administrators. The tutorial also serves as a resource for existing Corporate Administrators. To access the E-Verify Tutorial for Corporate Administrators, select the ‘Take Tutorial’ link under My Resources in the left-hand navigation menu.

•  A new E-Verify User Manual for Corporate Administrators is now available from the ‘View User Manual’ link under My Resources in the left-hand navigation menu.

•  They have also come up with a process for HR’s who must record the foreign passport and I-94 arrival-departure card (that can now take up to 45 days to access) in E-Verify

Should you wish to sign up for USCIS’ free E-Verify training, they have several monthly sessions.  You can access their training schedule here.

By the way, the program is now compatible with Firefox, Chrome and Safari.

By:  Timothy Sutton, Communications Editor

For the Houston based ABC Professional Tree Service, Inc., firing non-compliant workers and implementing E-Verify was too little too late. Even after implementing E-Verify and firing hundreds of workers following an ICE audit in 2008, the Immigration Customs Enforcement agency of the Department of Homeland Security recently announced reaching a $2,000,000 non-prosecution agreement with ABC. Shockingly, the sum was based upon ICE’s estimation of profits ABC earned through illegal labor practices.

After four years of investigation, ICE did not release how the $2,000,000 figure was reached. However, they did release an estimate that up to 30% of the 2,500 ABC employees were illegally employed. In a press release on May 18, 2012, ICE espoused ABC knowingly employed illegal workers after receiving “no-match letters” from the Social Security Administration. Additionally, on March 4, 2010, two years after the initial audit, ICE seized records from the ABC Birmingham office through a federally issued warrant. Undocumented employees in the Alabama office and working in the field were detained.

Typically Form I-9 violations lead to heavy monetary penalties, but in this case ICE chose to cut a non-prosecutorial deal. It is unclear from the information released whether or not the $2,000,000 sum is more or less than ABC would have faced in fines? But more importantly, businesses like ABC who are subject to years of audits and investigations, despite implementing E-Verify and discharging employees, have little bargaining power. Consequently, the best defense against an ICE audit is total compliance. Employers would be wise to hire a professional consultant to train staff, organize existing documentation and manage future non-compliance issues. The Immigration Compliance Group has the experience and resources necessary to protect your business from an ICE audit.  Contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.

We reference below what’s new with E-Verify for those of our readers who are enrolled in the system.

E-Verify Has Expanded Photo Matching!

E-Verify has launched a new U.S. Passport photo matching capability. Employers using E-Verify can now view photos to help confirm the validity of identity documents. Available documents include:

U.S. Passports and Passport Cards

• Permanent Resident Cards (Green Cards)
• Employment Authorization Documents

Visit here for more information about Photo Matching.

Did You Hear About the I E-Verify Seal?

Employers who use E-Verify can now prominently display the official I E-Verify™ seal at their workplace—on bulletin boards, doors or windows. E-Verify enrollees who would like a seal can send a request to uscis.verlogo@dhs.gov.

Designated Agents Get a New Name

The name “E-Verify Employer Agent” has replaced “Designated Agent” to refer to businesses that use E-Verify to confirm the employment eligibility of another company’s employees.

Puerto Rico Birth Certificate Guidance

On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure, certified copies of birth certificates to U.S. citizens born in Puerto Rico. After Oct. 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, became invalid. This new law does not affect the U.S. citizenship status of individuals born in Puerto Rico. It only affects the validity of certified copies of Puerto Rico birth certificates. See the USCIS Update for more information.

New on the E-Verify Website

Updated Manuals are now available

The latest E-Verify guidance can be easily downloaded or viewed online. E-Verify User Manuals, Quick Reference and Supplemental Guides for Employers, Federal Contractors, and E-Verify Employer Agents (formally Designated Agents) were all updated in September and are available on the Publications web page.

How Well is E-Verify Performing?

E-Verify recently updated the Statistics and Reports page on the web site. The updated statistics are based on E-Verify cases in Fiscal Year 2009 (October 2008 through September 2009).

History and Milestones

Check out the history of E-Verify—from the original legislation (1986 Immigration Reform and Control Act) to present-day major milestones. Visit the updated History and Milestones web page for more information.

E-Verify Outreach

E-Verify Offers Free Webinars!  Go to the E-Verify website and click on Sign Up for a Webinar for a complete schedule.

E-Verify Overview

• E-Verify for Existing Users
• E-Verify for Federal Contractors
• Form I-9, Employment Eligibility Verification

E-Verify gives live presentations and workshops, and participates in conferences and exhibits. If you would like a speaker for an event or conference, please e-mail us at E-Verify@dhs.gov or call 1-888-464-4218.

E-Verify in the Community

• Small, Minority, Women and Veterans Business Owners
  San Antonio, Texas                December 8, 2010
• 29th Annual Government Contract Management Conference
  Arlington, Virginia                    December 9-10, 2010
• The Agriculture Employer Forum
  Provo, Utah                             December 15, 2010
• The West Valley Chamber of Commerce
  Salt Lake City, Utah                December 16, 2010
• Human Resource Council of the Manufacturers Association of Central New York
  Syracuse, New York               December 21, 2010

Here’s the link to the new E-Verify Newsletter

It’s common knowledge that the U.S. government has been performing widespread investigations and audits of employers to crack down on employment of undocumented non-citizens. Immigration and Customs Enforcement (“ICE”) recently reported record-breaking figures citing the highest deportation numbers and the most employer audits in our nation’s history, and states:

“Since January 2009, ICE has audited more than 3,200 employers suspected of hiring illegal labor, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions-more than the total amount of audits and debarments than during the entire previous administration.”

Because of this, employer compliance is becoming more complex and enforcement activities are increasing at record pace. The days of thinking that immigration enforcement is only targeting industries that employ a diverse workforce, such as healthcare, hospitality, restaurants, garment and the construction business, are long gone. Every employer must be aware of immigration laws as they relate to the processing and management of their I-9 forms and have a trained staff for those charged with the responsibility of managing I-9’s.  Many audits have resulted in fines for well known and respected employers,  for those that employ foreign workers, as well as businesses, both large and small, that unintentionally filled out I-9 forms incorrectly.  Document mistakes – missing signatures, dates, over-documentation problems on I-9’s, have resulted in fines from $110 to $1,100 per mistake.

Recent examples of I-9 violations and penalties involve:

1. A Colorado restaurant franchise who was fined $32K after an ICE inspection – not for hiring any illegal workers, but for I-9 document errors.
2. The clothing giant, Abercrombie & Fitch was recently fined over $1 Million when an I-9 audit revealed multiple technology errors with the electronic I-9 system they were using, shedding light on the fact that employers are not only responsible for the people that  they hire, but also for the internal systems that they choose to use to verify the eligibility of their workforce.
3. The Department of Justice recently settled with Catholic Healthcare West, the 8th largest  hospital provider in the nation, on discrimination against work-authorized individuals.  CHW agreed  to pay $257,000 in civil penalties, the largest amount ever paid to resolve such allegations.  This settlement sends a strong message to all employers how important it is to have a staff properly trained on I-9 regulations and on all sections of the form.  All workers who are authorized to work in the USA have the right to look for a job without encountering discrimination because of their immigration status or national origin”, said Thomas E. Prerez, Asst. Attorney General for the Justice Department’s Civil Rights Division.

The key to I-9 compliance for most organizations starts with a thorough self-examination of existing paper I-9’s, E-Verify submissions (if applicable), standard operating procedures, and past practices. While there are many checklists and do-it-yourself guides and Podcasts available on the Internet and elsewhere, consulting a licensed immigration or employment lawyer who is familiar with I-9 and E-Verify compliance issues can save employers hours of research, provide a solution tailored to the organization and save the employer thousands of dollars in fines and penalties.

Visit our new I-9 Employer Resource Center and contact our office.  We work  proactively with our clients to provide comprehensive, and cost-efficient assistance in developing and maintaining best practices necessary to assure compliance with USCIS and Department of Labor regulations.

The 2 senators today released their plan to mend immigration in the Washington Post.  The announcement was praised by the President in this statement.  The Post article, authored by both senators, agrees that:

1. the system is broken
2. although our borders are more secure, there are still millions that enter the USA illegally with no way of tracking if they leave when their visas expire
3. employers are overburdened with a complex employment verification system for their workers
4. Most Americans oppose illegal immigration and support legal immigration

They further discuss continuing to hold employers accountable for the employment verification of their workforce and implementing a tamper proof ID system to decrease illegal immigration.

This is what Schumer and Graham propose and seek support on:

1. To introduce a biometric social security card to ensure that illegals cannot get jobs where each card would have its own unique identifier on the card and not in government databases.  Employers would swipe the card to confirm a person’s identify
2. Strengthen border and interior enforcement
3. Create a process for admitting temporary workers and allowing more lower skilled immigrants to come to the USA when the  economy is creating jobs and fewer in a recession.  Will also permit those who have put down roots in the USA  and succeeded in the workplace to obtain a green-card
4. Implement a path to legalization for those already here
5. Zero tolerance on gang members, felons, smugglers and terrorists and increase internal enforcement to apprehend and deport them
6. Complete an entry-exit system that tracks those that enter the USA on visas and report those who overstay to law enforcement databases
7. Increase the border patrol

The article closes with the following:

“For the 11 million immigrants already in this country illegally, we would provide a tough but fair path forward. They would be required to admit they broke the law and to pay their debt to society by performing community service and paying fines and back taxes. These people would be required to pass background checks and be proficient in English before going to the back of the line of prospective immigrants to earn the opportunity to work toward lawful permanent residence.

The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms.”

We will continue to keep you informed and will report in more detail on the immigration plan in our April newsletter.

If you wish to subscribe to our blog posts, newsletters and other information, you can sign up on our website

Take a look at our very informative Update and review of the regulation and resources for your tool box. If you’re not signed up to receive our poddcasts and NewsFLASHES please do so.

We are always available for consultation.  If you are seeking competent immigration counsel for your compliance matters, contact us

Momentum appears to be growing for legislation that would require all employers, not just federal contractors, to use the E-Verify system to confirm that their employees are eligible to work in the United States.

E-Verify is a Web-based system that allows employers to check the Social Security and visa numbers submitted by workers against government databases. More than 137,000 employers now use the system, which approves 97 percent of workers in a few seconds.

Beginning Sept. 8, federal contractors will be required to use E-Verify to confirm that new hires and current employees working on federal contracts are authorized to work in the U.S. The requirement also will apply to most subcontractors.

Many members of Congress want to expand E-Verify to all employers, as a way to end the “jobs magnet” for illegal immigration. This “could open up thousands of American jobs to workers with legal status,” said Rep. Heath Shuler, D-N.C.

We link to the Business Weekly article.

…Considering I-9 electronic reporting and tracking?  Then join us on 7/29/09 for a free audio conference with one of the leading I-9 electronic storage providers and Inc.500 winner, along with a member of our Employer Compliance team.

For the Event Announcement:  http://www.docstoc.com/docs/8780911/i-9-Event-Announcement
Tor RSVP:  info@immigrationsolution.net

We look forward to meeting up with you!