Form I-9, It’s Your Responsibility
There is an interesting article in the New York Post today. A portion of the article reads:
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.
I find the comment concerning turning employers into an arm of immigration agents to be the most interesting part of the article. Many employers still don’t understand that they have been responsible for verifying both the identity and work eligibility of every person they hire since 1986! This is not a new requirement. The Form I-9, Employment Eligibility Verification has been required for every person hired in the United States for over 20 years. Employers are either un-informed about their responsibility, lax in completing the appropriate paperwork, or do not understand the severity of the penalties associated with non-compliance of I-9 processes. E-Verify is simply one more tool available to employers to insure they are hiring only authorized workers.
Employers should make a point to review their I-9 processes and seek quality training for all hiring managers. I9 Survival Guide is a comprehensive step-by-step approach to ensuring complete compliance with all employment eligibility verifcation requirements.
ICE is Cracking Down on Employers
The Department of Homeland Security (DHS) is shifting the focus of its work-site enforcement strategy away from illegal workers and towards the criminal prosecution of employers who knowingly hire them. As a result of this shift in priorities regarding work-site enforcement, employers should ensure they have completed the I-9 process for every person hired. Employers should review their immigration compliance procedures including:
High Priced Penalties
The fines attributed to I-9 violations can lead to catastrophic results.
The penalty for improper completion of the I-9 form can range
from $110 – $1,100 for each I-9, and the fines grow from there:
- Improper retention and storage of the Form I-9 can range from $110 to $3,000 for each I-9 violation.
- Simple clerical errors such as missing a date or signature range from $110 to $1,100 per mistake.
- Knowingly hiring or continuing to employ unauthorized workers fines range from $250 up to $11,000.
- Firms who continually hire unauthorized workers can face criminal penalties of as much as $3,000 per employee and may be subject to prison time.
Complex Regulations – Simple Solutions
The laws surrounding I-9 compliance are complicated and the stakes have just been raised. A single audit conducted by Immigration and Customs Enforcement (ICE) of improperly completed I-9s can result in fines in the tens-of-thousands of dollars. It is highly recommended that you protect your business by seeking the tools and techniques necessary to implement a successful I-9 compliance process withing your business. Managing the process effectively is your first line of defense in the event of an ICE audit. I-9 Survival Guide provides a fool-proof, easy to implement, affordable system to assist employers with the requirements of Employment Eligibility Verification and the I-9 process.
I-9 Audits by Immigration and Customs Enforcement are Trapping Employers
I-9 Audits of Employers
U.S. Immigration and Customs Enforcement (ICE), is conducting massive I-9 Audits to trap employers. As part of an I-9 audit, ICE agents review I-9 forms, company payroll records, W-2 reports, and other documents. While auditing a business, government agents seek to determine if an employer has properly verified every new employee’s identity and work authorization. Agents are also looking for any counterfeit documents that may have been used as proof of identity and/or employment authorization. John T. Morton, the new Assistant Secretary of U.S. Immigration and Customs Enforcement (ICE), recently stated that ICE intends to increase its attention to auditing I-9, Employment Eligibility Verification forms.
Employers should take Form I-9 compliance requirements seriously, as there are multiple possible violations per form which can easily cost an employer thousands of dollars in fines and in some cases my send an employer to prison! After an I-9 audit, ICE agents may accuse an employer of knowingly hiring, retaining, or even harboring workers who are not authorized to work in the U.S. I-9 Survival Guide advises employers to abide by all Form I-9 regulations.
Employer must be vigilant in seeking information and staying current concerning employment eligibility verification in order to avoid devastating penalties. I9 SurvivalGuide.com provides the tools every employer must have to insure 100% compliance with the complex and complicated laws surrounding the Form I-9.
About the Author: Camille Griffin is an expert in employment eligibility verification processes, the Form I-9, and E-Verify. With a career spanning 3 decades of human resource management, training, consulting, and immigration law she brings a wealth of knowledge and enlightenment to a very complex issue.