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By: Timothy Sutton, Communications Editor
State legislatures in Kansas recently voted down a bill that would mandate all employers utilize the E-verify employment verification system. The federal government currently encourages employer’s voluntary participation in E-verify under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Although there are numerous benefits to participating in E-verify, blanket mandates burden all businesses regardless of size and resources. Legislatures across the country are proposing these mandates in an attempt to target employers who wish to remain “willfully blind” to their employees immigration status. The Kansas bill proposed excluding contractors who did not participate in E-verify from bidding on government contracts valued at $50,000 and above. When the bill failed by a vote of 84-35 businesses across the state heaved a temporary sigh of relief. Kansas will likely see this bill return in the near future, as the main deterrent for passing the bill was a lack of time and resources to adjust the state budget that takes effect on July 1, 2012.
Employers should be aware that although the federal government controls immigration laws, states are currently placing additional restrictions on employers adding additional layers of compliance measures aimed at reducing illegal immigrant populations. Controversial immigration laws passed by the state of Alabama, which mandate employer’s participation in E-verify, have sparked lawsuits by the Obama administration. Various industries are hit hard by such mandates including the agricultural industry.
Numerous farmers have prepared for a significant reduction in available labor by planting crops that can utilize machines to perform the work in place of immigrant laborers. H.B. 87, which recently passed in the state of Georgia, requires that all public employers and private employers utilize E-verify in advance of securing business licenses and permits. While these mandates appear to keep employers “honest,” in their hiring practices, they come at both an economic and social cost. Businesses bear the economic burden of compliance while minority populations pay the social cost of increased racial discrimination.
Mandates create an additional layer of workplace compliance that many small businesses lack the manpower and training to adhere to. Additionally, workplace verification screening without proper guidance by attorneys or employment specialists may lead to an increase in discriminatory employment practices. In light of the growing trend of state laws mandating E-verify participation, employers are encouraged to seek trained professionals for training and education on compliance with the law. For more information contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.
By: Timothy Sutton, Communications Editor 
On May 3rd, 2012, the President reassured the nation of his dedication to reforming U.S. immigration policies. In his speech, President Obama insisted that upon re-election, he would immediately overhaul the current immigration system. Of late, the DREAM act, a pathway for un-documented students to achieve citizenship, has been at the forefront of immigration politics. But while politicians argue over issues regarding individual rights to obtaining U.S. citizenship, businesses are left wondering where they fit into the proposed immigration “system-overhauls.”
Over the last two years, the dramatic increase in I-9 audits by the current administration have been well documented on this and other blogs. Additionally, the White House website clearly outlines the President’s vision for immigration reform, “Demanding accountability for businesses that break the law by undermining American workers and exploiting undocumented workers.”
This week, HerbCo, an agricultural business in the state of Washington, received $1,000,000 in fines for hiring illegal workers. HerbCo Management also received sentences of five years probation after entering guilty pleas to the criminal charges against them. A week prior, a restaurateur in Oakland, California was sentenced to 41 months in prison for improperly reporting the wages of over one hundred illegal workers to the IRS.
These hefty penalties reflect the seriousness of President Obama’s demands for business accountability. If the pathway to legal citizenship becomes more accessible to children, will businesses shoulder more of the blame for facilitating the illegal immigration of their parents? Business owners under the current political climate cannot afford workplace verification non-compliance. For more information on how to prepare your business for upcoming changes to the U.S. immigration system contact our office at info@immigrationcompliancegroup.com or call 562 612.3996.
By: Timothy Sutton, Communications Editor
HerbCo International Owner Ted Andrews, Vice President David Lykin and General Manager Debra Howard will appear in Court on May 1, 2012, charged with re-hiring nearly two dozen of the 86 workers fired after an I-9 audit by the Immigration and Customs Enforcement agency back in February of 2011. A HerbCo employee tipped off authorities about the scheme to pay these 20 illegal workers roughly $40,000 in cash, despite being fired for non-conforming I-9 forms and failing to pass E-verify background checks.
During an ICE Audit of 334 I-9 forms, it was found that 214 employees had presented fraudulent documents. All the employees listed in the social security “no-match letter” who were still employed, 86 of them, were terminated.
Under federal law, an employer is required to verify the identity and work authorization of every employee hired. However, there are limitations on how an employer can legally seek additional verification of documents they suspect to be fraudulent.
The HerbCo executives are expected to receive a year of probation for guilty pleas to their criminal charges. Prosecutors are seeking an additional $1M in fines from HerbCo, sending an obvious message to employers that hire illegal workers.
The US Attorney’s office stated the following regarding the amount of the fine, “Within the worksite universe of either the United States or the State of Washington, the defendants’ conduct appears unremarkable only because of the sheer numbers of other culpable employers who have not been prosecuted for similar conduct. Of 20 million illegal aliens residing in the United States and 230,000 in the State of Washington, 86 were employed at Herbco on April 15, 2011.”
For more information about how to safeguard your business from a costly I-9 audit, contact our firm at info@immigrationcompliancegroup.com or call 562 612.3996.
We link to more on this, and here also.
One of the most important questions in the mind of both employer and employee is: What if information about the employee is wrong – can they fix inaccurate information about themselves in E-Verify?
If E-Verify is unable to automatically verify an individual’s status in order to authorize employment, a Status Verifier will manually review the information and conduct searches of other Federal government databases and, where necessary, will update any underlying information contained within the various DHS databases queried. After a result is returned on an employment authorization query, E-Verify provides two methods of information correction and redress for employees. If an employee receives a Tentative Non Confirmation, or TNC, they may correct their information through the Social Security Administration (SSA) or DHS.
After the verification process is complete, individuals have the opportunity to access and correct their information through the Freedom of Information Act (FOIA) or Privacy Act (PA) process.
We link to more E-Verify Privacy FAQs and our I-9 Employer Resource Center
Immigration Compliance Group specializes in business immigration and employer compliance matters related to audits, training and policy development.
Most employers think that because they have never filed an immigration case for a foreign worker, that they do not need to worry about their I-9’s or immigration laws. This type of thinking in today’s enforcement climate, is indeed risky business.
What most employers do not understand is that employment verification requirements are governed by the Immigration Reform and Control Act of 1986 (“IRCA”). The provisions of the law hold every employer in the USA responsible for verifying the identity and work authorization status of the employees that they hire. The means by which this is done is the I-9 Employment Eligibility Verification Form that every employee must fill out on the day of hire or earlier (both citizen and non-citizen). Employers are being fined for clerical and technical mistakes and violations on their I-9 forms, whether an employee is a US citizen or non-citizen – it makes no difference.
The penalties for ignoring the legal requirements of the I-9 process can be quite severe, even in cases of unintentional omissions and uncorrected I-9 mistakes. Civil penalties for such errors may range from $110 to $1,100 for each affected employee. A business with thousands of employees and multiple worksites may face a significant financial burden in noncompliance penalties. The fines may be further increased if the Department of Homeland Security (DHS) determines that an employer knowingly hired unauthorized foreign nationals, and can range from $375 to $16,000 per violation with repeat offenders on the high end. Employers and their representatives convicted of having engaged in a pattern or practice of knowingly hiring unauthorized foreign nationals, may also face criminal charges and fines of up to $3,000 per employee and/or six months’ imprisonment. Other federal criminal statutes may provide higher penalties in certain fraud cases.
Employers and individuals who commit citizenship status or national origin discrimination may be ordered to pay civil fines and attorneys’ fees. The penalties range from $375 to $3,200 for the first offense for each individual discriminated against; from $3,200 to $6,500 for the second offense; and for subsequent offenses, not less than $4,300 up to $16,000 per violation for each affected person.
Our I-9 audits can help employers:
Internal training on all Form I-9 requirements and procedures including but not limited to:
Or fill out the form here if you’re interested in an I-9 audit for your business or wish to inquire about other compliance services and solutions that we offer.
It has been reported that this latest wave of I-9 inspection notices to employers brings the total number of ICE I-9 audits to 2,338 for this year. This exceeds their record-breaking audit total from 2010 of 2,196. Average audit fines appear to be exceeding $110,000.
I-9 audits today are the key driving force of the Agency’s efforts in determining whether businesses are violating U.S. employment laws by hiring unauthorized workers.
“The inspections will touch on employers of all sizes and in every state in the nation, with an emphasis on businesses related to critical infrastructure and key resources,” ICE spokeswoman Gillian Christensen said in a statement. Although ICE has not disclosed the names of the companies being targeted, they do include both large and small businesses in some 17 business sectors, including garment, construction, agriculture, food production, fast food chains, hospitality and financial services industries, as well as IT, healthcare, transportation, postal and shipping, commercial nuclear reactors and drinking water and water treatment.
For employers, the audits can lead to both civil and criminal penalties. The possibilities range from fines and being barred from competing for government contracts to criminal charges of knowingly employing illegal workers, evading taxes and engaging in identity theft.
In the past, ICE agents have initiated audits in one region, and companies in the same business were unlikely to face inspection elsewhere. But “businesses can no longer assume an audit is isolated in one location. It’s spreading nationwide,” said Julie Myers, ICE chief during the Bush administration. Larger employers have been increasingly targeted since the establishment earlier this year of an ICE audit office outside Washington. It has been reported that several utilities and food production companies in Montgomery, AL have received notices of inspection from ICE, and were surprised because they have been participating in E-Verify. Participating in E-Verify doesn’t mean you won’t be audited.
The penalties for ignoring the legal requirements of the I-9 process can be quite severe, even in cases of unintentional omissions and uncorrected I-9 mistakes. Civil penalties for such errors may range from $110 to $1,100 for each affected employee. A business with thousands of employees and multiple worksites may face a significant financial burden in noncompliance penalties. The fines may be further increased if the Department of Homeland Security (DHS) determines that an employer knowingly hired unauthorized foreign nationals, and can range from $375 to $16,000 per violation with repeat offenders on the high end.
What’s the solution? One of the most cost-effective and convenient ways to take action is to conduct a preemptive partial (10-20% of your workforce) or full audit to see what’s buried in your I-9 paperwork. Analyze the results and initiate targeted training and institute a standardized policies and process for handling and managing your I-9 function. This can easily be accomplished both onsite and offsite. These steps are especially critical for companies that have a large number of employees, multiple locations, several people involved with the I-9 process and a high turnover rate.
Here is a list of our services and solutions and here is our I-9 Employer Resource Center
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About Immigration Solutions
For those of you who may be first time readers, Immigration solutions provides US and Canadian business immigration services to employers and individuals and additionally provides a full range of I-9 employment eligibility compliance services for employers that require I-9 audits, training, and compliance policy development.
Our complete and informational Employer Resource Center on all things I-9, can be found here.
Please take a minute to take our I-9 Survey on our website.
USCIS launched the new website today – here it is.
E-Verify Self Check is the first online E-Verify program offered directly to the U.S. workforce. E-Verify Self Check, a fast, simple, secure and free service, enables individuals to voluntarily check their own employment eligibility status. USCIS is releasing E-Verify Self Check in phases, with the first phase only accessible to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia, or the District of Columbia. Click here to visit the E-Verify Self Check website and check your own employment eligibility status.
Here is a Fact Sheet for more information. Let us know what you think.