Employment Eligibility Verification Resolution

Did Employment Eligibility Verification Make Your List?

It’s nearly the end of February. How are those New Year’s resolutions going for you? Many of us have already abandoned our well intentioned resolve to eat healthier, exercise more, be more patient, read more, watch less TV, and so many other things that are deemed “good for us”. The New Year is also often a time of reflection.

Looking back to 2009, it is apparent that times they are a-changin. 2009 was a year of significant government initiatives. A new Form I-9, Employment Eligibility Verification was released with significant changes and limiting the types of acceptable documents a new hire can present.

U.S. Immigration and Customs Enforcement (ICE) issued record numbers of Notices of Inspection (NOIs) to employers across the country and collected millions of dollars in Form I-9 non-compliance fines.

The Social Security No-Match regulation was abandoned, leaving employers with little or no guidance of appropriate action to take when an employee’s Social Security number is questioned.

E-Verify was made mandatory for most federal contractors via new FAR regulations, effective on September 8, 2009. Many states took immigration reform into their own hands and passed laws requiring employers to use E-Verify.

Employment Eligibility Verification for 2010 and Beyond…

2010 promises to be as challenging. ICE continues to visit employers, issuing Notices of Inspection, and fining employers for Form I-9 non-compliance. As in 2009, many employers are caught unaware of the financial risk associated with errors and omissions on the form. Unfortunately, too many employers have a false sense of security concerning I 9 compliance.

Moving forward into 2010 and beyond, employers must make the “New Year’s Resolution” to focus on I 9 compliance. The Form I-9 is the very best defense an employer has against allegations of knowingly hiring undocumented workers. Make a commitment to a company policy of regular I 9 audits. This is a great first step in achieving employment eligibility verification compliance.

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