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Posts Tagged ‘I-9 News’

I-9 Form Penalties: Highest Civil Penalty Assessed Since Enactment of Anti-Discrimination Provisions

Monday, August 22nd, 2011

The highest civil penalty paid through settlement since the enactment of the INA anti-discrimination provisions in 1986 was assessed today against Farmland Foods in the amount of $290,400.

This is a very strong reminder that any request for specific documentation is unlawful if it is made for the purpose or with the intent of discriminating against an individual on the basis of national origin or citizenship status. Employers, however, who make such requests to clarify ambiguity or conflicts in the employee’s presented documents should not be held liable for document abuse.  The employer’s discrimination must be knowing and intentional.

An employer SHOULD NOT:

1. Set different employment eligibility verification standards, or require that different documents be presented by employees, because of national origin and citizenship status.  For example, employers cannot demand that non-U.S. citizens present DHS-issued documents.  Each employee must be allowed to choose the documents that s/he presents from the list of acceptable Form I-9 documents. For example, both citizens and work authorized aliens may produce a driver’s license (List B) and an unrestricted Social Security card (List C) to establish identity and employment eligibility.

2. Request to see employment eligibility verification documents before hire and completion of the Form I-9 because the employee looks or sounds “foreign” or because someone states that s/he is not a U.S. citizen.

3. Refuse to accept a document, or refuse to hire an individual, because a document has a future expiration date.

4. Request during reverification that an employee present a new unexpired employment authorization document (EAD) if s/he presented an EAD during initial verification. For re-verification each employee must be free to choose to present any document either from List A or from List C. Refugees and asylees may possess EADs, but they are authorized to work based by virtue of their immigration status and may present other documents that prove work authorization from List A or List C to show on re-verification, such as an unrestricted Social Security card.

5. Limit jobs to U.S. citizens unless U.S. citizenship is required for the specific position by law, regulation, executive order, or federal, state, or local government contract. On an individual basis, an employer may legally prefer a U.S. citizen or national over an equally qualified alien to fill a specific position, but the employer may not adopt a blanket policy of always preferring citizens over non-citizens.

6. Refuse to accept documents during the employment eligibility verification procedure that are acceptable documents under the law, that relate to the individual, and that appear on their face to be genuine (also called “document abuse”). An employer cannot be held liable for document abuse unless the employer’s refusal to honor documents is made for the purpose or with the intent of discriminating against an individual on the basis of national origin or citizenship status. For example, an employer should not be held liable if it refuses to honor documents that conflict with statements made by the employee.

7. Engage in intimidation, threats, coercion, or retaliation, including discharge, against an employee who exercises his/her rights under IRCA’s anti-discrimination provision. This protection extends not only to an employee who is the target of discrimination, but also to an employee who may speak up in support of the targeted employee.

Should you have any questions concerning this “balancing act”, please do not hesitate to contact our office for more information.

I-9 | E-Verify InFOCUS News

Wednesday, August 17th, 2011

Immigration Solutions August 2011 newsletter is now available, full of updates and information that you will find extremely useful.  This month we take a look at:

Corporate Compliance: Are you Prepared for a Government Investigation?
…Employers are increasingly being targeted for investigation, and, when caught unprepared, face substantial fines and, in some cases, criminal prosecution
I-9/E-Verify Important Electronic Guidance for Employers
…It is not advisable for an employer to rely strictly on a vendor’s representations concerning their products and system compliance
What States Currently Require E-Verify?
Includes a List of Do’s and Don’t Guidelines for Employers
SSA No-Match Letters: OSC’s Position on Employer Action
How long should an employer should wait if an employee cannot resolve an SSA No-Match issue?

Please sign up to receive our free information.  We publish 2 newletters a month, one on immigration and the other on I-9 and E-Verify compliance.

Please feel free to contact our office should you wish to discuss how our services and solutions can assist you in establishing a compliant workforce.

I-9 Form | What are Technical and Substantive Violations?

Sunday, May 22nd, 2011

We are frequently asked this question in our practice and what the differences are, what can and cannot be corrected.  Please refer here for more information on the subject.

Should you have any questions or would like to discuss your employer compliance needs, please contact us:  562 612.3996 … info@immigrationsolution.net

Our I-9 Employer Compliance Website is full of excellent information – take a look around:  www.I-9Audits.com.

I-9 Form Podcast, Part II | Immigration Solutions

Wednesday, May 4th, 2011

This is part 2 in our I-9 podcast series where we discuss:

Podcast-5-4-11.mp3

1)  Correcting the I-9 Form
2)  Storage and Retention
3)  Technical and Substantive Violations and fines
4)  I-9 Best Practices

Please contact us to discuss your I-9 compliance needs.  We have a very talented team who are experts and are ready to assist you.

I-9, E-Verify and Immigration News for March 2011

Tuesday, March 8th, 2011

Our March 2011 news is now available.  You can access our Immigration News here and our I-9 Compliance Newsletter here.  Should you wish to discuss your immigration case with us, we can be contacted at info@immigrationsolution.net or by phone at 562 612.3996.

We have a volume of free information on our websites that includes newsletters, news flashes, podcasts, blog, and articles.  Please feel free to sign up on our website:  www.immigrationsolution.net to receive our information through email or iTUNES.