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.

Get Organized – I9 Forms Need Special Attention

I always begin an I-9 audit by requesting a current payroll list and all current employee Forms I-9 in alphabetical order.  This should be the SIMPLE part of the audit but you would be surprised at the problems this can create.

Some companies are keeping their I 9 forms in employees’ personnel files requiring that every single employee file be accessed, the I-9 removed and sorted in alphabetical order.  Some companies are keeping  current and terminated employees’ I-9 forms together, making it necessary to go form by form to check for a termination date and separating current from former employees.  Some companies are keeping forms by employee number or badge number rather than in alphabetical order and still some are keeping the forms in off-site storage locations, home offices, etc.

Best Practices for storing the Form I-9 include:

• Keep originals in binders in alphabetical order and scan them to a file on your server in alphabetical order.
• If using E-Verify, keep the E-Verify confirmation with the copies of the documents recorded in Section 2 of the Form I-9.
• ALWAYS separate I-9 forms from the employees’ personnel files.
• Keep current employee I 9 forms separate from past employees I 9 forms.  Store terminated employees forms in reverse date order to facilitate adherence to retention guidelines.

You may want to consider an electronic solution for both completing and storing the Form I-9.  Using an electronic system virtually eliminates errors when completing the form and facilities simple storage, maintenance, and destruction of the I-9 and supporting documents including E-Verify.  I-9 Okay offers a complete electronic solution for I 9 compliance.  Don’t leave your company at risk for huge non-compliance fines and penalties.

E-Verify for Federal Contractors – Know the Rules

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.

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.

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.