Why Bother with Regular Form I-9 Audits

It is very likely that Form I-9 audits are not the first thing on your to-do list when you arrive at work in the morning, unless of course ICE agents are waiting for you when you arrive!  There are so many other tasks that take priority in your business and even well intentioned owners and managers just never seem to get around to it. 

The Top 5 Reasons to Audit Forms I-9 

1. Mistakes Happen – HR personnel at larger businesses and accountants, payroll clerks and other employees at smaller businesses are in charge of filling out Forms I-9.  My experience in reviewing hundreds of Forms I-9 tells me that no matter how big or small the company, costly mistakes happen. It is a prudent business practice for employers to conduct audits to identify errors and omissions in the I-9 process and make a plan to avoid errors going forward. 
2. Protect Your Business – The Government has stepped up enforcement against employers.  The law is clear; employers have an obligation to verify that their employees are legally able to work in the United States by completing the Form I-9 process correctly and completely. Failure to do so leaves an employer open to enforcement action and ICE is not at all reluctant to enforce the law.  ICE secured more than $30 million in criminal fines, restitutions, and civil judgments in worksite enforcement cases in 2007. 863 people were arrested in criminal cases and more than 4,000 administrative arrests were made. 
3. Because “THEY SAY SO” - Immigration and Customs Enforcement (ICE) lists Form I-9 Audits as one of its “Best Practices”.  ICE Best Practices suggest arranging for annual Form I-9 audits by an external auditing firm or a trained employee who is not otherwise involved in the Form I-9 process.  Employers who do so are more likely to enjoy the “good faith” defense as allowed by the law. 
4. Understand Your Liability and Limit Your Risk – Some clients tell me they are afraid to do an audit because they don’t want to have to deal with what issues are identified.  A “head-in-the-sand” approach is a poor choice and may ultimately cost you and possibly even lead to jail time!  Understanding your liability and implementing a plan to become fully compliant is the key to limiting your risk. 
5. The Best Defense is a Great Offense – Employers who take a proactive approach to Form I-9 compliance and the employment authorization verification process simply sleep better at night!  Scheduling an expert review and establishing a Company Compliance Plan to achieve and maintain full compliance of the very complex and complicated issues surrounding Form I-9 matters give employers great peace of mind. 

 For more information concerning Expert Form I-9 Reviews and Compliance Plans, please visit www.I-9Okay.com. 

Why hire an expert?

I have been thinking a lot about why people choose to hire experts.  I have a friend whose son is a very talented athlete, pitching for a college team and hoping to make it to the majors – yes, he’s that good!  Unfortunately, two years ago he developed elbow problems which required a surgery known at “Tommy John”.  The surgery is a procedure in which a ligament in the elbow is replaced with a tendon from elsewhere in the body.  It is a fairly common procedure in the baseball world but still a highly specialized surgery. 

My friends belong to an HMO and the doctor that was assigned to their case was an orthopedic surgeon who routinely performed all kinds of surgeries on athletes from all sports.  He had done 3 Tommy John surgeries in his career and told my friends that he was confident he could repair the elbow.  After hours and hours of research concerning the risks involved with this type of procedure, my friends went outside of the HMO to a specialist – a doctor who did ONLY elbow surgery and had performed hundreds of successful tendon reconstructions.  Because the surgeon was outside of the HMO network, the bulk of the expense was not covered by insurance.  Why would they do such a thing? 

Why DO people hire experts? 

1. Most people would not dream of allowing a general practitioner to perform heart surgery, although the doctor has been to medical school and has practiced for years, you still don’t want that person cutting open your chest!  We all want the “best person for the job” when it comes to important or risky procedures.
2. Experts are specialist in the field they have chosen, it is not only a PART of their business – it IS their business.
3. Experts are not only familiar with the most common problems, but also the lesser known mistakes, omissions, and complications that may arise and have experience in dealing with each effectively and completely.
4. Hiring an expert is cost effective and saves time.  Often, do-it-yourselfers find themselves calling in a specialist after they have gotten in over thier heads.  Generalists find that complex matters require a “consult” with a specialist and the consumer pays TWICE – both the generalist and the specialist!

As for my friend’s son, he is almost 2 years post surgery and he is pitching successfully and, most importantly,  pain-free.  They are thrilled with the results of the surgery and confident they made the right choice in selecting an expert to care for their son.

For more information about choosing an expert Form I-9 and Employer Sanctions consultant, visit www.I-9Okay.com

Employment Eligibility Verification in a Nutshell

Okay,  so it is going to be a BIG nutshell! 

Under the Immigration and Nationality Act (INA), enacted in 1952:

(1) The employer must not knowingly hire or continue to employee any person who is not authorized to work in the U.S.   An employer may be liable if he/she knows or should have known that an employee is not authorized to work in the United States.  (2) The employer must verify the eligibility of every person hired.  The verification requirement applies to EVERY PERSON HIRED.

Two major amendments to INA effect employers directly:

1.  The Immigration Reform and Control Act (IRCA), also known as the Employer Sanctions Act, was signed into law by President Ronald Reagan in 1986.  This Act makes it illegal for any employer to knowingly hire or recruit persons who do not have authority to work in the United States.  The Employer Sanctions Act  seeks to discourage illegal immigration by making it difficult for immigrants to find work in the U.S. without proper documentation.  IRCA places the responsibility of employment verification solely on the employer.  As part of this Act, the Form I-9, Employment Eligibility Verification was introduced.  The law makes it mandatory for every employer to screen every new hire for work authorization by accurately completing the Form I-9.  The form serves as proof that an employer has verified both the identity and work authorization of the people they have hired.  

2.  The Immigration Act of 1990, includes provisions to prevent document fraud and to prevent discrimination.  To discourage document fraud, the Act says a persons cannot knowingly forge, alter or fake documents to satisfy the requirements of U.S. Immigration law.  A person cannot use, attempt to use, possess, accept or provide a forged, altered or fake document.  To prevent discrimination, the Immigration Act states that employers with 4 or more employees cannot discriminate in hiring, firing, or recruiting based on an individuals national origin or citizenship status.  An employer must be  be absolutely uniform in conducting the employment authorization verification process to avoid charges of discrimination.

 The Department of Homeland Security (DHS) is responsible for enforcing immigration laws.  The U.S. Immigration and Customs Enforcement (ICE), is the investigative branch of DHS.  ICE investigates employers to ensure their compliance with Employer Sanctions laws and has the authority to inspect an employers Forms I-9 at any time.  Penalites for violating Employer Sanctions laws include fines and criminal sanctions. 

On April 30, 2009 ICE issued the following statement: 

Effective immediately, ICE will focus its resources in the  enforcement program on the criminal prosecution of employers who knowingly hire illegal workers in order to target the root cause of illegal immigration.

Every employer needs to think carefully about how they intend to comply with the requirements of IRCA;  Employer Sanctions laws are complex, and you could be making costly mistakes without even knowing it.  Non-compliance with Form I-9 requirements will result in civil penalties of $110-$1,100 per offense.  Each Form I-9 that is not properly completed, stored, maintained/updated, and purged appropriately is counted as a separate offense so fines add up quickly!  Compounding the problem is ICE can request all forms for both current employees and all previous employees going back 3 years.  Employers who are found to have hired unauthorized workers face fines of $275 – $ 11,000 per incident and a possible prison term of 6 months!  Immigration related discrimination carries civil penalties of $250 – $10,000 per incident. 

 And it gets even more complicated!  Many U.S. states have enacted additional requirements,  some mandating the use of E-Verify,  some requiring the completion of additional State issued forms, and most stepping up enforcement and work site inspections.

Immigration law remains a hot topic with the current administration and in the press.  Increased national attention has brought new focus to laws that have gone largely unenforced for over 20 years, catching many employers off guard and unprepared for ICE inspections.  Even if your company is fully committed to compliance, Employer Sanctions laws are complex and confusing.  Enlisting an expert to manage this complicated process is the best choice for many employers.

Visit www.I-9Okay.com  for more information concerning Employer Sanctions and Form I-9 compliance.

Welcome to I-9 Okay

Thank you for your interest in I-9 Okay.  There has never been a more important time to ensure that you are in full compliance with the law relating to the Form I-9 and Employment Authorization Verification.  Most businesses spend a lot of time and effort managing the risks inherent to their particular type of business or industry.  Unfortunately, many companies are not aware of the huge financial risk of non-compliance with the complex regulations concerning the Form I-9.  Civil penalties can cost a company tens of thousands of dollars.  Criminal prosecution and the seizure of company assets are possible in the most egregious cases.

Please visit this blog often for information and tools to use to ensure your company’s compliance.