E-Verify is Here to Stay

September 8, 2009 is fast approaching and it looks like the Final Rule that  requires most employers who are awarded Federal contracts on or after Sept 8 to use E-Verify to check the work eligibility of their employees is a “done deal”.   Congress has agreed to continue funding E-Verify until at least 2012.  Many states have passed legislation requiring the use of E-Verify in some capacity.  E-Verify appears to be here to stay.

As an employer why should you consider E-Verify?  Simply put, E-Verify is the best tool currently available to insure you are hiring a legal work force.  E-Verify uses information collected on the Form I-9 to search the database of the Department of Homeland Security and the Social Security Administration to check the work eligibility of the people you are hiring.  When confirmed through E-Verify, you can print a confirmation report to keep  with your I-9 records.  It is one more step in developing a “good faith” compliance plan concerning your responsibility under the law to hire only authorized workers.

The Update I-9 is Finally Available

USCIS has finally released the updated version of the Form I-9, Employment Eligibility Verification.    The form carries a revision date of 8/07/2009 and will expire 8/31/2012.  Employers should begin using this version of the form immediately.

There are no significant changes to the I-9 form other than the revision date and expiration date.  To avoid confusion, employers should discard all blank I9 forms they may have and replace them with the new version.  There is no need to have employees who have completed forms in the past complete a new form.  Any person hired after August 27, 2009 should use the Form I-9 with the revision date of 8/7/2009.

I-9 and E-Verify Compliance; Do You Really Need a Consultant

When considering your E-Verify and Form I 9 compliance issues do you REALLY need a consultant to help you?  Well, it depends.

Some of you are definite “do-it-yourselfers” and want to save money by handling the I-9 and E-Verify process on your own.  For small businesses with less than 10 employees, that is probably an okay decision.  As long as you are well informed, stay up-to-date, and are diligent in following the law your risk is fairly small.  Even if you are audited by ICE and fined the maximum amount for I-9 violations, as long as you haven’t hired any unauthorized workers you will probably be able to withstand the financial burden.

On the other hand, a small company that hires a consultant to review their current I 9 documentation processes, audit and repair existing I-9 forms, develop a company compliance plan and train key personnel, will be making a small investment to insure they are compliant going forward.  I think this is a GREAT investment and will protect you in case of an ICE worksite inspection.

For companies with more than 10 employees I highly recommend you consider hiring an I-9 expert.  The financial risk of an ICE Form I-9 audit makes it necessary to be CERTAIN the I-9 and E-Verify processes are being completed to the letter of the law.  Most HR personnel are not fully trained in E-Verify and Form I-9 compliance and make mistakes that result in expensive violations.

Too many companies believe they are fully compliant when the reality is over 80% of all companies will suffer major fines and penalties if they are visited by ICE agents.  The cost of hiring a professional I-9 and E-Verify consultant is small  compared to the risk of devastating fines and the negative publicity that goes along with an ICE inspection.

I-9 Okay offers expert affordable Form I-9 and E-Verify consulting and training.  Learn how your company can quickly and easily become fully compliant with the employee eligibility verification process and E-Verify.

Federal Contractors Need to Get Ready for E-Verify

In less than 30 days, most federal contractors will be required to use E-Verify.  E-Verify works by allowing  employers to electronically compare employee information taken from the Form I-9 against  records in SSA’s database and records in DHS’ immigration databases.

Federal contracts awarded and solicitations issued after September 8, 2009 will include a clause committing government contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction. Contracts exempt from this rule include those that are for less than $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States.

Employers that expect to be awarded federal contracts on or after September 8, 2009 need to make plans now to comply with this new requirement.  Employers may register for E-Verify and learn to use the system or they can outsource the E-Verify process to a Designated Agent who has been approved by E-Verify to use the system on behalf of employers.  It is important that federal contractors prepare now by carefully reviewing the entire Employment Eligibility Verification process by scheduling an audit of their I-9s, updating their company compliance plan, training personnel to handle the new requirements, and making a decision about who will manage the E-Verify process.

A qualified I-9 consultant can help make the transition to these new requirements a lot less stressful and time consuming.  The website www.I-9Okay.com has a great FAQ section and important Fact Sheets to assist federal contractors with full compliance of I-9 regulations and the new E-Verify requirements.

I-9 Compliance for Restaurants – The Perfect ICE Storm

Remember your first job? Mine was as a waitress in a local pizza parlor.  I learned how to hand-flip pizza dough so I could work “behind the counter” and before I knew it, I was actually managing my first restaurant at the ripe old age of 17!  I know we probably broke every wage and hour law that was on the books in those days and didn’t give it a second thought!

From those humble beginnings,  I’ve become intimately familiar with franchise operations and the struggle so many business owners have attracting and retaining good.  The turn-over and attrition rates in restaurants are staggering.  People come and go on a regular basis.

Many people are attracted to restaurant jobs, not as a profession but as a “summer job” or for “extra income” and so by the very nature of the business, restaurants are constantly recruiting, hiring and training new staff members.   Add to that, the fact that the food business historically attracts unskilled, immigrant workers and you have the PERFECT STORM for ICE (Immigration and Customs Enforcement) worksite inspections.  Restaurants are at GREAT RISK for Form I-9 fines and penalties.

Many restaurant owners do not realize the great financial risk they are taking by not having employment eligibility verification policies in effect.  Imagine being visited by ICE agents and given 3 days to produce every Form I-9 for every employee you currently have PLUS the I-9 forms for EVERY PERSON WHO HAS WORKED FOR YOU FOR THE LAST 3 YEARS!  That’s the kicker – restaurant owners need to think about how many employees they have hired over the last 3 years, even those people who worked 1/2 shift, threw in their apron, and never came back.  Could you find that I-9 form if you were asked for it?  If not, you will be fined $1,100 for every form you can’t provide to the ICE agent.

Who filled out those I-9s?  Were they properly trained in employment verification? It’s not enough to just have the form – it must be filled out correctly.  Simple clerical errors cost a minimum of $110 per occurrence.  What if someone didn’t date the form?  What if someone didn’t fill in the business’s FULL address in Section 2? What if you didn’t keep a copy of the back-side of the Form I-9?  What if someone copied ID documents for some new hires but not all? All of these very common mistakes on the employment eligibility form and they add up to HUGE fines.

If you think this can’t happen to you I’d encourage you to ask the burger restaurant franchisee who owns 3 stores in Colorado.  He paid $32,000 in fines due to an ICE inspection.  He had never hired an illegal worker, he simply had paperwork mistakes like the ones previously mentioned.  Ask the owner of 6 restaurants based in Arizona who was visited by ICE 2 days before Christmas and ended up with $67,000 in fines.  Merry Christmas!  Ask Krispy Kreme doughnuts.  They were  fined $40,000 for Form I-9 violations.  I could go on and on.  This is serious business and you are at risk.  If you have hired undocumented workers, you could go to jail!

You should know that many ICE investigations are triggered by “tips” from disgruntled employees, unhappy customers, and even sometimes your competition.  ICE also regularly investigates businesses who traditionally attract and hire immigrant workers.  If you are a restaurant owner I-9 compliance should be part of a comprehensive risk management program.  Unfortunately, most restaurants spend a lot of time managing risk associated with slips and falls, burns, theft prevention, etc. but never think about the huge risk of missing or incorrect I-9 forms.