No-Match Letters are Back!

Everything Old is New Again

The Social Security Administration (SSA) has resumed the sending of Social Security No-Match letters to employers.  These “No-Match letters”, also known as Decentralized Correspondence (DECOR) letters have been around since 1979 but were suspended in 2009 after the controversial DHS “No Match Rule” was rescinded.

The SSA had been sending these letters to employers when information provided by the employer did not match SSA records.  Though the letter may be daunting, it is possible the name and SSN combination cannot be matched for a variety of reasons including misspellings, transposed numbers, name changes or incomplete information provided by the employer. Unfortunately, mismatches may also be due to the use of false SSNs or identity theft.

On April 6, 2011, SSA resumed sending no-match letters to employers when the names or social security numbers listed on a W-2 form do not match SSA records. The purpose in sending these letters is to inform the employer and employee there is a database discrepancy which may affect future Social Security benefits.

The DECOR letter makes no statement about an employee’s immigration status and cautions employers that the letter is not a basis in itself to take any adverse action such as suspending or firing the employee.  A FAQ on the SSA website provides advice for employers in dealing with the no-match letter.

The letter also includes a “Privacy Act” notice which informs the employer the SSA may share the information with the IRS for tax purposes or with the Department of Justice. In addition, the Office of Special Counsel for Immigration-related Unfair Employment Practices (OSC) published revised guidance regarding how employers can respond to no-match letters in November 2010.

Upon receipt of a No-Match letter, an employer should proceed cautiously with the assistance of qualified counsel.

Final Rule –- Finally Final!

On April 14, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule that adopts the changes made to the Form I-9 process by the Department of Homeland Security in April 2009.  These changes to the Form I-9 went into effect in April 2009, including the rule that employers can no longer accept expired documents as proof of identity or work authorization when completing the form.

On December 17, 2008, DHS published an interim rule which included the following changes:

• Prohibits employers from accepting expired documents in Section 2;
• Removed Form I-688, “Temporary Resident Card,” and Forms I-688A and I-688B, “Employment Authorization Cards,” from the Lists of Acceptable Documents ;
• Added to List A the new U.S. passport card and  the temporary Form I-551, “Permanent Resident Card,” with a machine-readable immigrant visa;
• Added documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) to List A to more accurately reflect their status under the Compacts of Free Association;
• Amended the Form I-9 (Rev. 02/02/2009) to provide in Section 1 a separate box for noncitizen nationals.

The current version of the Form I-9 bears the expiration date of 8/31/12.

As is apparent with the new “old” rules and procedures, employers must stay vigilant to remain compliant with Form I-9 processes.  Implementing a comprehensive approach to I-9 compliance which includes formal training, written compliance policies, regular assessment audits, and the assistance of qualified specialists can help an employer navigate the complex process which is I-9 compliance.

Is the Form I-9 On-boarding Process Driving you Insane?

Many people know the definition of insanity as doing the same thing over and over again and expecting different results.  Unfortunately, many employers are taking an “insane approach” to I-9 training by utilizing in-house trainers who are not qualified to teach Form I-9 compliance.

These in-house trainers are not experts concerning employer sanctions and are simply training hiring managers to commit the same mistakes over and over again, perpetuating a pattern of non-compliance!  Worse yet, many hiring managers never receive any training because…well, it’s a one page form – how hard can it be?

Form I-9 Compliance – What It Really Involves

The problem is the entire Form I-9 process is much more complex than just filling out a 1 page form.  Form I-9 compliance requires an understanding of immigration law, anti-discrimination provisions, document fraud, identity theft, and many other factors.

Failing to properly train hiring managers in proper on-boarding procedures may put an employer at significant risk. In fact, the US Citizenship and Immigration Service (USCIS) lists “TRAINING”” as one of the Top Ten Best Practices for I-9 compliance, yet most employers are not addressing this very powerful solution to compliance issues.

I-9 Compliance Solution

Somehow, there is always an excuse not to “get around to it”.  Excuses run the gambit from “We don’t need training” to “It’s too expensive or too time consuming.”  Fortunately, I-9 Okay has heard these concerns and developed THE SOLUTION to I-9 training.

Our information packed step-by-step Form I-9 Compliance Training is delivered on-demand via the internet, on your schedule and priced to fit any training budget.  There is no longer any excuse not to train every person who is responsible for I-9 completion for your company.

For more information visit our website www.I-9okay.com or call 1-866-580-9390.

Form I-9 Training

As an employer, do you need to train your hiring managers to complete the Form I-9 correctly?  The answer is a resounding “YES“!

Errors and omissions during the I-9 process are so common that employers who believe they are completing the I-9 correctly are surprised to discover they are at great risk of fines when audited by Immigration and Customs Enforcement (ICE) during a document inspection.  The time to discover these mistakes is BEFORE a government audit, NOT during!

The Form I-9 may appear to be a simple one page document that shouldn’t require a lot of training to complete.  You need to be aware this “simple form” carries with it a minefield of possible mistakes, omissions, and offenses – some punishable by FELONY charges!

It is an unfortunate fact of doing business that many hiring managers who are responsible for completing the I-9 have never received any formal training.  This lack of formal training leads hiring managers to perpetually make the same mistakes over and over – never realizing they are not completing the Form I-9 correctly.

Often, under pressure to be sure they are not hiring undocumented workers, managers take additional steps not allowed under the law to “be sure” they are hiring legal workers…only to be accused of discriminatory hiring practices!  To make matters worse the Form I-9, Lists of Acceptable Documents contains immigration documents most employers have never seen.  How do you know if a document is genuine if you’ve never seen it before?  How do you know if someone is authorized to work in the U.S.?

The US Citizenship and Immigration Service (USCIS) lists “training” as one of its top 10 best practices for employers to ensure complete Form I-9 compliance. Yet over and over again I meet employers who don’t offer formal I-9 training.  Hiring managers are assigned this extremely important piece of compliance without the correct skills to complete the task correctly.

Are you providing your staff with the tools they need to be the most effective? Is the Form I-9 process protecting your business or is it putting you at greater risk?  If you are not offering the best training available, your company is at risk.

E-Verify Self Check Goes Live March 21, 2011

Have you heard about the “new” E-Verify Self Check? E-Verify Self-Check will allow individuals to check their own work authorization status prior to being hired by an employer. The purpose of allowing self-check is to facilitate the correction of errors which might lead to an employer receiving a tentative non-confirmation (TNC) at the time they process a new hire through E-Verify.

USCIS will roll-out “self-check” to users who maintain an address and are physically located in Arizona, Colorado, Idaho, Mississippi, Virginia, and the District of Columbia. This limited trial will allow for feedback and proper testing before E-Verify Self-Check is available nationwide. Click here to see the DHS published info about self check.

One has to ask the question, “Who does this benefit?” The current E-Verify process already allows for the possibility that a new hire’s information may be incorrect in government databases and has a very specific procedure the employer must follow if they receive a tentative non-confirmation (TNC) from E-Verify.

In the case of a TNC, the employer must give the employee the opportunity to correct erroneous information with the government and may not take any adverse action against the employee until they have been given the opportunity to correct that information. The employer must allow the employee to continue to work until the TNC has been resolved.

So why would an individual need to run a “self-check” before applying for a job? While some people may want to use E-Verify Self Check to satisfy their own curiosity, the only “real” reason I can think of is to check one’s FAKE or STOLEN DOCUMENTS to see if E-Verify will verify work authorization before taking the chance of presenting those fraudulent documents to an employer – which constitutes a felony!

To date, one of the most common objections to E-Verify is it encourages document fraud. In the case of identity theft, E-Verify often cannot discern if the documents presented by a new hire actually belong to that individual. This is a loop-hole that is getting smaller but is still a valid concern for employer’s who are using E-Verify.

From my perspective Self-Check creates many more problems than the “enhancement” it is designed to resolve.  If an unauthorized worker wants to check to see if the fake documents he purchased are going to pass muster with an E-Verify employer, all he needs to do is use Self-Check.

We already know based on past performance that E-Verify is not an effective tool in recognizing cases of identity theft so again, I ask the question – who does this benefit? For me, the answer is obvious.

Upper Level Management Should Pay Attention to the Form I-9

How Do You Know?

• What if your hiring managers aren’t taking the Form I-9 seriously?
• What if the I-9 is just one more thing on their “to do” list?
• Worse yet, what if they are purposefully circumventing the I-9 process in order to hire illegal workers?

When Will You Find Out?

If you are like Howard Industries, a manufacturing company in Mississippi, you find out when Immigration and Customs Enforcement (ICE) investigates your business and you ultimately pay $2.5 million dollars in fines as a result of the actions of one human resources manager.

According to court records this one “rogue” HR manager routinely hired unauthorized workers who presented fake documents and completed the Form I-9 with the false information. The same HR manager was also accused of ignoring notices from the Social Security Administration that SS numbers submitted for some employees were invalid.

ICE claimed the HR manager regularly instructed employees to obtain fake IDs. He plead guilty and faces a maximum of 5 years imprisonment on the conspiracy charge and on each employee verification fraud count. He also faces a minimum of 2 years of imprisonment for the aggravated identity theft charge and a possible fine up to $250,000.

As a result of the actions of this one “rogue” employee, Howard Industries was charged with knowingly and willfully conspiring to encourage and induce undocumented workers to reside in the U.S. and knowingly conspiring to conceal, harbor and shield from detection such workers. The company agreed to plead guilty to the one-count felony of “Conspiracy to commit offense or to defraud United States” which called for a term of not less than one and not more than 5 years of probation and a fine of up to $500,000. The fine was substantially enhanced to $2.5 million due to the nature of the crime, the number of workers involved and the size of the company.

What’s the Message Here?

Failure to comply with Form I-9 requirements can lead to huge fines, criminal indictments, and even prison sentences! The impact on your company’s image due to negative press as well as the enormous legal cost of defending yourself must also be considered.

To protect your business I urge you to order a full 3rd party audit of your I-9 records by a qualified expert. Sure you can audit your own I-9 forms, but an in-house audit is a case of “the fox watching the hen house” and offers little if any protection against I-9 abuse.

You should also develop a comprehensive Form I-9 policy and procedure plan to address such issues as document fraud. Order training for all your hiring managers so they fully understand the entire I-9 process and the risk of non-compliance.

ICE investigations continue to increase by the day. Now is the time to take a good look at your Form I-9 compliance program and get the help you need to protect your business from financial ruin.