A few weeks ago, ICE (Immigration and Customs Enforcement) publicly announced it issued 180 Notices of Inspection to businesses in 5 southern states. In the summer of 2009, ICE announced it issued over 650 Notices of Inspection to businesses across the country. Some people said, “It’s about time”. Other businesses said, “They won’t visit us”. Still others recognized it for what it is…the beginning of a new strategy by ICE to hold employers accountable for the long standing law that requires identity AND work eligibility verification for the people they hire.
So, how does ICE decide which employer it will visit and demand to inspect all I-9 Forms and payroll records? ICE has a pattern of investigating industries with a history of hiring immigrant workers such as agriculture, construction, landscaping, restaurants, and other hospitality businesses. But it doesn’t mean just because your business is not in one of those categories that ICE won’t visit you next.
Many, many times, ICE acts on the basis of a tip from a “concerned citizen”. I’m sure many of you have “concerned citizens” as employees, customers, or competitors. Some ICE raids are the result of a tip form a disgruntled employee, unhappy customer, or mean-spirited competitor.
By whatever method ICE is tipped off, the results are the same – a worksite inspection of I-9 Forms that will most likely end up costing you tens of thousands of dollars in fines and penalties. It will also cost your business many hours of lost productivity for HR employees and company executives dealing with the demands of the inspection, not to mention it is a public relations nightmare.
My advice – take the time now to get your company’s I-9 compliance processes in place. This is a very complex matter and too many employers are trying to navigate it without the proper advisors. If you won’t do your own corporate tax return or write your employee’s insurance policy without expert advice, why would you do your I-9 Forms without seeking expert advice? It’s not worth the risk. Get the right advice and make a commitment to bring your organization into 100% compliance with employment eligibility verification requirements.
I-9 Okay is a team of dedicated professionals who are experts in I-9 compliance. We can help you achieve 100% compliance and protect your business from financial disaster if you are the target of an ICE worksite inspection.
If you are an employer who hires employees under the age of 18, you may not be aware that the Form I-9 has special provisions for minors.
As a general rule, every employee must present proof of identity and work eligibility as part of the I 9 compliance process. Some minors however, may not be able to present the required documents.
If a minor cannot present a List A document or an identity document from List B, the employer should have the parent or legal guardian complete Section 1. On the signature line, the parent should write “Individual under age 18” and the parent/guardian must complete the Preparer/Translator certification block.
In Section 2, List B, the employer should write “Individual under age 18”. The minor employee must still present a List C document showing his or her work eligibility and the employer must record the List C information in the appropriate place on the Form I-9.
The I 9 compliance process includes provisions for many “special” circumstances. Being well informed and having an expert consultant to give advice regarding special circumstances makes the complex requirements of the I-9 easier to navigate.
The Baltimore Sun newspaper reports twenty-nine people were taken into custody in Maryland yesterday after ICE (Immigration and Customs Enforcement) agents raided two local restaurants, an office, and several houses. This is yet another example of how ICE is using immigration raids and worksite inspections to hold employers accountable for the hiring of eligible employees.
After the raids, Anne Arundel County Executive John R. Leopold was quoted as saying “In this economic climate, when people are hungry for employment, for employers to give incentives to illegal immigrants is egregious; it undercuts our spirit of fairness”.
ICE officials made it clear that the raids were carried out to ensure employers are held accountable for maintaining a legal workforce. All employers should hear this message loud and clear. ICE is committed to investigating employers concerning immigration laws and I 9 compliance. Employers who are not completing the Form I-9 accurately and completely are at risk and in the event of an ICE inspection, will not be able to prove they have acted in good faith to avoid hiring illegal aliens.
For most employers, they seem to think that if they are not actively seeking to employ illegal help they are “safe” from this kind of ICE investigation. Nothing could be further from the truth. Last week, ICE issued 180 inspection notices, at random, to businesses in 3 southern states.
Every employer is accountable for verifying the work eligibility of every person they hire by correctly completing an I-9. This includes US citizens! An estimated 80% of employers will fail an ICE audit due to paperwork violations, errors, omissions, and non-compliance with the employment verification process.
If you are an employer, you must take this seriously. Performing a review of your I 9 compliance procedures is a vital step to ensuring your business won’t make the headlines the next time an ICE investigation makes front page news.
The Form I-9, Employment Eligibility Verification appears to be a simple 1 page document, yet employers are suffering huge fines and penalties for failing to comply with the requirements of the I-9 process. Failure to execute the I-9 properly, inspect the correct documents, store the form, and re-verify when necessary, will cost an employer thousands of dollars in fines and penalties.
As a part of many contracts, sub-contractors must provide the general contractor with proof of I 9 compliance before workers are allowed on the job site. This workshop will help you get your I-9 forms in order so they are approved the first time they are submitted to the 3rd party auditor.
I 9 Compliance Boot Camp and Basic Training
Three dates to choose from:
Date: March 11, 2010
Time: 12:00 MST
Cost: $89.00 Spring Special (Regularly $149.00)
Date: March 16, 2010
Time: 12:00 PM MST
Cost: $89.00 Spring Special (Regularly $149.00)
Date: March 24, 2010
Time: 11:00 am MST
Cost: $89.00 Spring Special (Regularly $149.00)
Register today and take this opportunity to put your company on the right track when it comes to Form I-9 compliance.
As the immigration debate rattles on and businesses are becoming more keenly aware of the government’s commitment to hold employers accountable for hiring only legal workers, many employers are discovering additional requirements appearing in contracts.
The Federal government and many states have started a trend by adding language concerning immigration compliance into their contracts. Many companies are following suit, trying to protect themselves from the liability of having illegal workers employed by sub-contractors working on their job-sites.
The Form I-9 Requirement Clause
Many employers have been caught off guard upon discovering an “immigration clause” or “Form I-9 requirement clause” in a new contract. These clauses often require either a statement from the sub-contractor attesting to their adherence to the immigration laws of the United States as it pertains to hiring legal workers, or a 3rd party audit verification from a qualified auditor.
In some cases, a sub-contractor may be required to present their employees’ I 9 forms to an auditor for pre-approval before the employee is allowed to work on the job-site. Some sub-contractors find themselves unable to comply with the requirements of the contract and consequently lose the job.
A 3rd Party Audit Helps Satisfy the Requirements of a Contract
I-9 Okay is often called on to conduct a 3rd party audit and verify employment eligibility when an employer needs to meet the requirements of a new contract. It is most often a “mad dash” to get all of the forms in order, correct the errors and omissions on the I 9 forms, and verify the processes the employer is using. Many times, the employer has failed to address the importance of the Form I-9 prior to signing the contract.
Our best advice is to review your Form I-9 processes regularly, schedule an annual review of your I 9 forms, and maintain a storage method that allows quick and accurate access to records. Immigration requirements within contracts are becoming more and more common place and it is likely that your company will be required to have a 3rd party audit in the near future.
Form I-9 Enforcement, I-9 Compliance, ICE Inspections | admin | 
March 24, 2010 3:20 pm | 
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