The rules are clear – Federal Contractors who use E-Verify must take an E-Verify tutorial or a refresher if they have previously taken the training to learn how to properly manage E-Verify results. Federal Contractors must pass a mastery test before they can use E-Verify.
Alternately, a company may choose to use a DHS (Department of Homeland Security) approved Designated Agent, like I-9 Okay, to eliminate this requirement. As a Designated Agent I-9 Okay is responsible for accessing E-Verify on behalf of our clients. I-9 Okay eliminates the need for a company to spend valuable time and resources on the tutorial and mastery test and monitors E-Verify for new hire confirmation and non-confirmation updates. This can add up to substantial savings for an employer and give peace of mind knowing that employment verification is done right the first time.
The I 9 Compliance experts at I-9 Okay allow business owners to focus on running their business by leaving the complex issue of employment eligibility verification and E-Verify to us. We will show you how we can save you time and money while ensuring your company is in full Form I 9 compliance.
What many employers think of as a simple form and “no big deal” – IS in fact a really a big deal. Federal laws are being aggressively enforced concerning Form I-9 compliance and employers are paying a heavy price. All business owners should be prepared because Immigration and Customs Enforcement (ICE) can conduct an I 9 compliance audit of their business at anytime.
Restaurants including quick service, hospitality industries, and service businesses such as landscapers, janitorial services, day care and contractors should be sure their I-9 forms are PERFECT and they have a written company I-9 compliance plan in place. These types of businesses are prime targets for ICE based on their high turn-over rates and history of attracting immigrant workers.
When ICE agents come in and serve your business a notice of inspection (NOI) that you are being audited, you have three days to gather every I-9 form for your current employees and the I-9 forms for all employees who have worked for you during the past 3 years. You must be able to present an I-9 form for any person you paid wages to – even that extra help you brought on to help with a special event or that person who worked 1/2 shift and walked out.
If you cannot compile the required information within the 3 day time period, you will most likely suffer these fines:
- Missing I-9 forms – $1,100 per occurrence,
- Clerical mistakes and missing information $110 per occurrence,
- Inconsistent procedures over the years, for example copying supporting documents for some employees and not others may lead to charges of discrimination.
The best defense against costly fines, damaging PR and sleepless nights is to be prepared. I-9 Okay helps bring peace of mind to our clients through third party audits, comprehensive training, custom corporate compliance plans, and a unique on-line I-9 solution.
Russell D. Taylor, 31, of Bolivar, Mo., the owner of a Missouri roofing company waived his right to a grand jury and pleaded guilty to hiring illegal aliens to work at Taylor-Made Roofing. Taylor admitted he hired and/or sub-contracted illegal aliens to work for him.
By pleading guilty, Taylor agreed to forfeit $185,363, the amount of proceeds obtained as a result of the offense. Under the terms of the plea agreement, Taylor was fined $36,000 ($3,000 fine for each of the 12 illegal aliens who worked). A supervisor working for Taylor, pleaded guilty in a separate but related case to harboring illegal aliens.
Taylor was sentenced to 5 years probation. As a condition of his probation, Taylor must implement an employment-compliance plan and pay the $185,363 money judgment in monthly installments during the first 30 months of probation.
“Employers in all industries and locations must comply with the nation’s immigration laws if we are to have an effective immigration enforcement strategy in the United States,” said Michael Spinella, resident agent in charge of the ICE Office of Investigations in Springfield. “We will use all our investigative authorities to pursue employers who take advantage of illegal labor to make an unlawful profit.”
Employers should take a proactive approach by conducting I-9 audits and implementing an employment compliance plan before ICE visits.
As published in the New York Post:
WASHINGTON — New York business leaders worry that a new federal requirement forcing employers to verify the work status of their employees could raise costs and waste time, while some small businesses say they know almost nothing about how the system works.
“However you cut it, this will add costs to government contracts at times when the federal budget is already over the top,” said Kathryn Wylde of the Partnership for New York City.
The program, called E-Verify, took effect last week, and requires any employer on a federal government contract to collect documents from their employees proving their eligibility to work, and run it through a database to match it with Social Security and other government records.
The plan is to weed illegal immigrants and those without proper work papers out of the system — but it could also be a headache for business.
One business concern is that the rule can turn employers into an arm of immigration agents.
A wide range of New York employers do business with the federal government — from construction firms to management consulting and high tech companies and defense contractors.
The comment that the E-Verify rule can turn employers into an arm of immigration agents is to me the most interesting part of this short article. Since 1986 the law has placed the burden of verifying the workforce clearly on the shoulders of employers. With the requirement of the Form I-9, Employment Eligibility Verification, instituted in November 1986, employers have had the responsibility of verifying both the identity and work eligibility of every person they hire for more than 20 years! E-Verify is just one more tool to help employers meet the obligation of hiring only authorized workers.
Last week, USCIS released a new version of the Form I-9, Employment Eligibility Verification and issued this statement:
Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.
Although it is acceptable to use either version of the I-9 form, because the form did not change only the revision date and expiration date changed, I would encourage employers to discard any blank copies of the expired I-9 form and use only the most current version. Employers should consider it a “best practice” to always use the most current version of the form for all new hires.
I did a 3rd party audit this week of a company that had purchased a package of I-9 forms from an HR supply company when they opened their doors 10 years ago. They were not aware the form had been updated several times and were continuing to use the expired forms with the expired list of acceptable documents for all new hires. They were miserably non-compliant without realizing it! Had they been visited by ICE their fines would have totaled nearly $10,000 because of a simple mistake.
I also think it sets a bad precedent; some employers may get the impression since this expired I-9 Form is okay to use than any expired I-9 is okay to use. It’s such a complex matter to begin with why make it harder than it has to be? Discard the expired version of the form and replace it with the most current version of the Form I-9 for any new hire.
E-Verify, Federal Contractors, I-9 Compliance | admin | 
September 29, 2009 1:42 pm | 
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