HR Forum: employment eligibility verification

Showing posts with label employment eligibility verification. Show all posts

It's back: Mandatory E-Verify law reintroduced in the House

Today's post comes from G.Neil's HR News Weekly:

If a recently proposed bill gains traction, all employers may one day be required to use E-Verify to check an applicant's eligibility to work in the United States. The Secure America through Verification and Enforcement (SAVE) Act is a bipartisan bill that was recently reintroduced in the House of Representatives. If implemented, the bill would create a four-year phase -in period for using E-Verify with potential and current hires, as follows:

=> Federal government, federal contractors and large employers with 250+ employees - within one year
=> Companies with 100 to 250 employees - within two years
=> Companies with 30 to 100 employees - within three years
=> All other employers - within four years

In addition to E-Verify compliance for employers, the SAVE Act would enhance border security and step up enforcement of existing immigration laws. Keep in mind that the bill is one of many versions of legislation introduced in the House and Senate since 2007, all which have failed to advance.

Even if you don't currently use E-Verify with your new employees, you still must confirm that they are eligible to work in the United States. Ensure you're up to date on the latest immigration laws, and fulfill mandatory verification requirements, with our Forms I-9 and other practical tools.

Previous posts:

New E-Verify tool helps job seekers verify employment eligibility

Getting better versed about E-Verify

USCIS issues User Manual to clarify E-Verify for federal contractors

Hiring illegal workers would be a costly mistake under proposed bill

Today's post comes from G.Neil's HR News Weekly:

If legislation introduced by the House of Representatives to amend the Immigration and Nationality Act passes, employers would face significantly higher fines for hiring illegal workers. The 10k Run for the Border Act (strange name, we know!) would increase the fines for knowingly hiring or recruiting undocumented workers (or continuing to employ illegal workers despite their undocumented status), as follows:

•    $10,000-$80,000 per violation (currently $250-$2,000)
•    $80,000-$200,000 per violation for employers with a prior violation (currently $2,000-$5,000)
•    $120,000-$1.6 million for repeat offenders (currently a minimum penalty of $3,000 and maximum of $10,000)

In another component of the bill, state or local law enforcement officials who assist in the investigation or prosecution of employers would be entitled to 80 percent of the fines paid by those employers. It follows that this sort of incentive would increase enforcement.

Check back here for updates on the proposed bill. (It should be noted that prior versions of this bill have been introduced in the past six years, but didn’t advance.)

In the meantime, be certain that you’re up to date on the latest immigration laws, and properly verifying the eligibility of all employees, with our Forms I-9 and other practical tools.

New E-Verify tool helps job seekers verify employment eligibility

Today's post comes from G.Neil's HR News Weekly:

The launch of E-Verify Self Check – a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) – means U.S. job seekers can now check their own employment eligibility status before obtaining jobs.

This voluntary, secure service is the first online tool of its kind, designed to allow workers to review their employment eligibility in their job search, as well as correct any errors in their DHS and SSA records. Doing so can protect them from potential difficulties in being hired by an E-Verify participating employer. This preliminary step can create efficiencies for businesses, as well.

“E-Verify is a smart, simple, and effective tool that allows us to work with employers to help them maintain a legal workforce,” said Secretary of Homeland Security Janet Napolitano. “The E-Verify Self Check service will help protect workers and streamline the E-Verify process for businesses.”

Newly issued Employment Authorization Card now acceptable with Form I-9

The United States Citizenship and Immigration Services (USCIS) is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485.

While it looks similar to the current Employment Authorization Document (EAD), the credit card-sized Employment Authorization Card includes new text that serves as both an employment authorization and Advance Parole document. The combination card is also more secure and durable than the paper Advance Parole document.

Employers may accept the new card as a “List A" document to prove the identity and work eligibility of a newly hired employee when completing the Form I-9.

Enforcement kicks into high gear - Don't leave your compliance efforts idling!

After shoring up their resources last year, the Equal Employment Opportunity Commission (EEOC) and Immigration and Customs Enforcement (ICE) are flexing their enforcement muscles ... and planning to pack a punch in 2011.

Increased staffing and a sharper focus on enforcement will mean more audits, more investigations into complaints and more inspections in the months ahead.

The EEOC, for example, received a record-high of 99,922 discrimination charges in 2010. Yet because of the EEOC’s expanded resources, the number of pending charges dropped by 14 percent. And that’s not all: Greater claim-processing procedures resulted in the EEOC collecting an all-time high of $404 million from employers last year.

ICE is making its presence known, as well. Last year, the agency conducted more than 2, 200 employer audits, which led to 180 criminal charges. And immigration enforcement continues to be a priority for the Obama administration, with ongoing goals to conduct on-site inspections (particularly businesses that employ workers with H-1B visas) and expose illegal hiring practices.

In light of these recent statistics, it’s never been more important to prevent harassment and discrimination in the workplace (via clear policies, legally sound actions and attitudes, and regular training) and to keep scrupulous I-9 records on all employees. Otherwise, you could find your company on the receiving end of a discrimination lawsuit or I-9 audit.

Statistics underscore administration's tough stance on immigration enforcement

According to a recent announcement by the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), the Obama administration has achieved record-breaking immigration enforcement statistics in the past 20 months. Of particular note is the unprecedented number of convicted criminal aliens being identified and removed from the country.

Since January 2009, ICE audited more than 3,200 employers suspected of hiring illegal employees, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions. In fiscal year 2010, ICE removed more than 392,000 illegal aliens (of which more than 195,000 were convicted criminals) … a 70% increase from the previous administration.

“This administration has focused on enforcing our immigration laws in a smart, effective manner that prioritizes public safety and national security and holds employers accountable who knowingly and repeatedly break the law,” said DHS Secretary Janet Napolitano.

We've said it before, and we'll say it again: Protect your business from damaging fines and even criminal arrests with a properly completed Form I-9 for every new employee.

Previous posts:

The "ICEy" grip of immigration enforcement felt by 500+ businesses

10 tips for surviving an I-9 audit

That knock on your office door may be Homeland Security

The "ICEy" grip of immigration enforcement felt by 500+ businesses

On September 15, the U.S. Immigration and Customs Enforcement (ICE) doled out Notices of Inspection (NOIs) to more than 500 businesses nationwide. If a company receives a NOI, it has three business days to prepare for an in-person meeting with federal officials … and reveal its I-9 employment verification forms and payroll documentation.

According to ICE, these particular businesses are under scrutiny due to specific leads and allegations of hiring unauthorized workers, exploiting workers and paying unfair wages. The fines for I-9 errors identified in an inspection range from $110 to $1,100 per form – with greater penalties for knowingly employing unauthorized workers.

Would your employment verification practices pass inspection? Protect your business from damaging fines and even criminal arrests with a properly completed Downloadable Form I-9 for every new employee. And for expert answers to all your I-9 compliance questions – including how to prevent an I-9 audit - turn to the easy-to-browse CD-ROM, ComplyRight™ SolveIt Now™ Answers to All Your Questions: I-9 Compliance & Immigration Law.

Getting better versed about E-Verify

As you already know, E-Verify is the free, Web-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It compares employee information from the Form I-9 against federal databases to confirm that new hires are legally authorized to work in the United States.

But do you know some of the latest developments surrounding this federal program? Here are the top four:

1) It is mandatory for federal contractors

As of September 8, 2009, all federal contractors and subcontractors (including those who receive American Recovery and Reinvestment Act funds) are required to use E-Verify to check a worker’s employment eligibility. The rule applies specifically to contracts of more than $100,000 and subcontracts of more than $3,000.

2) Nearly ¼ of our states require E-Verify

While largely a voluntary program, E-Verify is required for public and/or private employers in 13 states (ten through legislation and three through executive orders).

3) Participation in E-Verify is growing rapidly

More than 182,000 employers are currently enrolled in E-Verify, with more than 8.7 million queries generated in 2009. As of mid-January, the number of queries in 2010 had already reached 3.6 million.

In addition, the number of registered employers is growing by more than 1,200 per week.

4) E-Verify participants must comply with posting requirements

In addition to following specific procedures for new hires, E-Verify users must clearly display both the English and Spanish Notice of E-Verify Participation and the Right to Work Poster. Together, they explain the employer’s use of E-Verify and the rights of employees.

Keep in mind that even if your business outsources I-9 compliance and employment eligibility verification (and E-Verify is part of that process), you must display these postings in the workplace.

Under proposed bill, hiring an illegal worker could land you in jail

Last week, Rep. Frank Kratovil of Maryland introduced a bill that would increase prison terms and fines for employers who knowingly hire illegal workers. While current law imposes penalties if an employer shows a pattern of violations, the “Criminal Penalties for Unauthorized Employment Act of 2010 (H.R. 4627)” would expand the penalties for employing unauthorized aliens as follows:

Criminal Penalties
First offense: A fine of $2,500 and/or imprisonment up to one year
Second offense: A fine of $5,000 and/or imprisonment up to two years
Third offense: A fine of $10,000 and/or imprisonment up to five years

Civil Penalties
First offense: A fine of between $1,000-$5,000
Second offense: A fine of between $5,000-$10,000
Third offense: A fine of between $10,000-$20,000

Under current law, criminal penalties for knowingly hiring an illegal alien only kick in after an individual with direct hiring authority shows a “pattern or practice of violations.” The proposed bill would be more hard-hitting by authorizing imprisonment for any offense, as well as increasing the maximum terms of imprisonment, criminal fines and civil fines. Keep in mind, too, that these proposed fines and prison terms are per violation, with penalties increasing for repeat violations.

“Employers who hire illegal immigrants are not only breaking the law, but they are also undermining the legal immigration system, creating an unfair advantage over employers who are playing by the rules, and hurting American workers,” said Rep. Kratovil. “We can’t make progress toward reducing illegal immigration until we get serious about cracking down on the bad actors who are creating the incentives."

As we’ve warned countless times on this blog, this is no time to take chances when verifying an employee’s eligibility to work in the U.S.! Homeland Security is already stepping up inspections and enforcement for I-9 Form violations. And if this bill were to get passed, the impact for non-compliance could be that much more costly and crippling to your business.

For guidance with your I-9 practices and to protect your business from a potential audit, check out our latest podcast, Employment Verification Guidelines and Tips. Grab a cup of coffee, sit back and listen as employment law attorney Lillian Mojica covers the current employment verification guidelines and tips for ensuring every I-9 Form is completed properly.

USCIS issues User Manual to clarify E-Verify for federal contractors

In the August 3 post, DHS strengthens employment verification, contractors must use E-Verify, we discussed the federal contractor rule that, as of September 8, 2009, requires all covered federal contractors and subcontractors to use E-Verify to verify the work eligibility status of their employees.

To clear up any confusion regarding the specifics, U.S. Citizenship and Immigration Services has released an E-Verify User Manual for Federal Contractors. The 68-page (!) supplemental guide covers:

• applicable regulations
• instructions on verifying new and existing employees via Form I-9
• E-Verify enrollment and participation as a federal contractor
• exemptions and exceptions for qualifying contractors, subcontractors, independent contractors and affiliates
• enrollment instructions for organizations that qualify for exceptions
• enrollment instructions for contractors not yet enrolled in E-Verify
• instructions for contractors already enrolled in E-Verify

According to the Wall Street Journal, about 169,000 federal contractors and subcontractors (who employ approximately 3.8 million workers) will be affected by the new E-Verify federal contractor rule. The WSJ article explains the key steps regarding the program:

1) After an E-Verify provision is put into its contract, a federal contractor or subcontractor will have 30 days to enroll in the E-Verify system
2) Each employer must sign a memorandum of understanding with the government to use E-Verify
3) Contractors will use a secure Web site to check the legal status of workers involved in a government project, except for some who are exempt because of security clearances
4) In about 97% of the cases, contractors will receive an immediate electronic response confirming the employee's eligibility to work
5) In other cases, contactors will receive a "tentative non-confirmation" notice; contractors and employees will then have eight days to try to address any problems with the Social Security Administration or immigration officials

Has the No-Match Rule met its match with E-Verify?

In a bit of a “I told you so” move, the Department of Homeland Security (DHS) proposed a new regulation on August 19 that could kill the controversial Social Security Administration (SSA) No-Match Rule. As you recall, the rule established a “safe harbor” provision allowing employers 90 days to resolve any employment eligibility issues identified in a No-Match letter or notice from DHS. (Typically, an employee’s name and Social Security Number - as provided in a W-2 earnings report - not matching SSA records.)

Most employers aren’t sad to see the rule go. This is largely due to the fact that even though millions of undocumented immigrants receive No-Match letters every year, so do legal workers, due to clerical errors, unreported name changes and other discrepancies. Regardless of the circumstances, the No-Match Rule would have put employers in the hot seat, requiring them to penalize or fire workers who were unable to correct their Social Security records in time.

In the rule’s place, the DHS plans to focus its enforcement efforts on employer participation in E-verify. This free, Web-based system, operated by DHS in partnership with the SSA, compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases. “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” says DHS Secretary Janet Napolitano.

Like I mentioned earlier, it’s not like we didn’t see this coming. In a July 8 press release from the DHS, it was revealed:

DHS will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they receive SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees. These notices most often inform an employer many months or even a year later that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records—often due to typographical errors or unreported name changes. E-Verify addresses data inaccuracies that can result in No-Match letters in a more timely manner and provides a more robust tool for identifying unauthorized individuals and combating illegal employment.

What to do in the meantime?

Even though it looks like the DHS will not be mandating a “safe harbor” process for responding to No-Match letters anytime soon, you should still follow some basic precautions when screening and verifying an employee’s eligibility to work.

By law, you may not:

Set different standards for verifying employment eligibility or require that different documents be presented by different groups of employees. For example, you cannot waive I-9 requirements for individuals appearing to be U.S. citizens.

Require applicants to provide I-9 documentation before making a job offer. Legally, job applicants do not have to verify their identity or employment eligibility until they actually start work.

Specify or select which documents must be provided. The I-9 form lists the specific documents an individual may provide to establish his/her identity and work authorization. Employers must allow individuals to choose from this list of permissible documents.

Discriminate against individuals with “temporary” work authorization status. Temporary resident aliens and individuals who have asylum typically have documents that expire, but they ordinarily obtain extensions.

DHS strengthens employment verification, contractors must use E-Verify

Federal contractors have about six weeks left to start using the government’s E-Verify system to check employee work authorization.

On July 8, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify.

“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Secretary Napolitano.
“Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” (DHS press release)

E-Verify is the free web-based system operated by DHS in partnership with the Social Security Administration (SSA) that compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases to verify workers’ employment eligibility.

Starting on September 8, 2009, the federal contractor rule will extend the use of the E-Verify system to all covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.

Read the full DHS press release for more information.

ICE announces audits, review Form I-9 best practices

Last week U.S. Immigration and Customs Enforcement (ICE) launched a bold audit initiative as a part of the agency’s stepped-up enforcement of employment and immigration laws. ICE issued Notices of Inspection to 652 businesses nationwide to alert employers that ICE will be inspecting their hiring records.

The Department of Homeland Security (DHS) requires employers to verify that all new employees are eligible to work in the U.S. using the employment eligibility verification form (Form I-9). Neglecting to fill out forms or filling out I-9 forms incorrectly can result in fines of up to $1,100 for every incorrect form.

Knowing how to fill out new-hire forms correctly and the rules on how long you must retain those documents will help protect your business in the event of an ICE audit.

Anyone in your organization involved in the hiring process should be trained on the correct way to complete I-9 forms and federal recordkeeping requirements. Training should cover Form I-9 best practices, including, but not limited to:

How to properly complete an I-9 form at the time you hire a new employee. Employees must present identity and work authorization documents within three days of the date of hire.

Expired documents as proof of identification or work eligibility are not acceptable. Review the list of documents that fall under List A of the List of Acceptable Documents.

The importance of keeping I-9 forms separate from employee personnel forms.

How using a binder system for storing I-9 forms, one for current employees and one for terminated employees, can help your business stay in compliance.

To periodically review current I-9 forms to identify employees who need to update their work eligibility status.

Businesses must retain I-9 forms for the duration of a worker’s employment, plus one year, or for a minimum of three years from the date of hire, whichever is longer.

Read more on how to handle I-9 forms and about the most recent changes to the I-9 Form.

ICE announces I-9 inspections at 652 businesses nationwide

U.S. Immigration and Customs Enforcement (ICE) launched an extensive audit initiative on July 1, 2009, by issuing Notices of Inspection (NOIs) to 652 businesses across the U.S., more notices than ICE issued in fiscal year 2008.

The ICE notices serve as an alert to businesses that the agency will be inspecting their hiring records to determine whether they are in compliance with employment eligibility verification laws and regulations.

This initiative shows ICE’s increased focus on holding employers directly accountable for their hiring practices and efforts to ensure they’re employing a legal workforce.

"ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Department of Homeland Security Assistant Secretary for ICE John Morton.

In April 2009, the ICE announced that illegal immigration enforcement would be shifting away from undocumented workers and toward employer compliance in order to target the root cause of illegal immigration.

All new employees, including U.S. citizens, must verify their work eligibility with an I-9 form at the time of hire. Employers must retain the verification forms and re-verify existing employees’ work authorization documents that are nearing expiration.

The U.S. Citizenship and Immigration Services (USCIS) recently instructed employers to continue using the current Form I-9 (Rev. 02/02/09) until further notice.

Employers do not need to submit forms to the government for verification, but must hold on to the forms for three years after the employee’s date of hire or for one year after the date the employee leaves the company (whichever date is later).

Order the current version of the Form I-9, along with detailed tip sheets, to ensure your business stays in compliance with federal recordkeeping requirements. Employers can find more tools and information on I-9 recordkeeping practices and completion in the ComplyRight I-9 Bundle.

Form I-9 expiration date extended past 6/30/09

The U.S. Citizenship and Immigration Services (USCIS) recently announced that the current Form I-9 will continue to be valid for use beyond June 30, 2009.

USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of the Employment Eligibility Verification Form I-9. While the request is pending, the existing I-9 form will not expire.

The extension will allow employers to use either the Form I-9 with the updated revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form.

USCIS expects to approve a new version of the Form I-9 before the June 30, 2009, expiration date. Read the full USCIS article here.

It is mandatory for all U.S. employers to verify the employment eligibility of new and existing employees by completing a Form I-9 for each individual.

The G.Neil legal team will continue to watch for news from the USCIS once the extension is approved. Check back here for the most current information available.

E-Verify regulations on hold again

The federal government has extended the effective date of the E-Verify requirement for federal government contractors to September 8, 2009. The requirement was previously set to take effect on June 30, 2009.

The rule would require most government contractors to verify the immigration status of current and new workers using the federal government’s E-Verify electronic employment eligibility verification system.

Implementation of the requirement has been delayed “to allow President Barack Obama's administration more time to complete its review of the rule,” Jennifer Kerber, vice president for federal and homeland security policy for TechAmerica, wrote in an e-mail message to members today. (via Washington Technology)

An official announcement is expected to be published in the Federal Register later this week.

This will be the fourth delay in the effective date of the E-Verify regulations, which were originally scheduled to take effect in January.

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