U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.  This is just the latest shot across the bow by ICE, letting employers know that they need to have their I-9 records in order.

According to ICE Assistant Secretary John Morton, “ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces…We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”

This means it is more important than ever for employers to ensure they are hiring a legal workforce.  I-9 Forms must be completed for all emoployees and E-Verify is recommended to help ensure that employees have a right to work in the U.S.   The simplest way for employers to ensure their house is in order is to utilize the I9 auditing services of Form I-9 Comliance, LLC (www.formi9.com) to audit I-9s, use error detecting electronic I-9s on a go-forward basis, and E-Verify employees with the simplest tool available.

Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual’s identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.

Protecting employment opportunities for the nation’s lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.

In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement priorities-specifically focusing on dangerous criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.

Statistics since implementation of new ICE worksite enforcement strategy on April 30:

• 45 businesses and 47 individuals debarred;
  • 0 businesses and 1 individual were debarred during same period in FY 2008.
• 142 Notices of Intent to Fine (NIF) totaling $15,865,181;
  • ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
• 45 Final Orders totaling $798,179;
  • ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.
• 1,897 cases initiated;
  • ICE initiated 605 cases during the same period in FY 2008.
• 1,069 Form I-9 Inspections;
  • ICE initiated 503 Form I-9 Inspections in all of FY 2008.

In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before today – part of ICE’s effort to audit businesses suspected of using illegal labor.

Statistics resulting from the 654 audits announced in July:

• ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents – approximately 16 percent of the total number reviewed.
• To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
• ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.

For more information on the best workforce I-9 auditing service, visit www.formi9.com

For more information on the government’s audits, visit www.ice.gov

In order to resolve the investigation by U.S. Immigration and Customs Enforcement (ICE) officials and the Department of Justice regarding hiring practices at company facilities, Columbia Farms Inc. has agreed to pay $1.5 million and change its hiring practices.

Prosecutors said the federal investigation into Columbia Farms’ hiring practices began in December 2007.  Immigration and Customs Enforcement (ICE) investigators began reviewing the company’s I-9 employment eligibility verification forms and supporting documentation for suspected violations. Reportedly, ICE prosecuted 21 supervisory employees who were hired with false documents, and more than 300 employees were deported for being in the country illegally.  

Under terms of the agreement, the criminal case against Columbia Farms will continue for 24 months, allowing the company to continue its efforts to institute hiring procedures and controls at each of its eight poultry processing plants in South Carolina, North Carolina and Louisiana. The company will adopt and maintain a compliance program during the two-year period to ensure its hiring practices comply with federal law. The company’s efforts will be reviewed by the court, the U.S. Attorney’s Office and immigration enforcement officials.  Under the agreement, Columbia Farms must use E-Verify — an Internet-based system that employers use to check on the immigration status of new hires — and train employees on hiring practices. The company also must use an external auditor to conduct annual reviews of employment forms. If the company doesn’t comply with the agreement, prosecutors could still pursue their case.

It is important for employers to pay attention to the following facts:

1. The employer’s fine was $1.5 million;
2. 21 Supervisory employees were prosecuted;
3. 300 employees were deported;
4. The employer MUST use E-Verify;
5. The employer must use an external auditor (like Form I-9 Compliance, LLC www.formi9.com) to conduct annual I-9 audit reviews.

Complete the form above to learn more about the the best I-9 Auditing and E-Verify service provider, Form I-9 Compliance, LLC (www.formi9.com).

Government regulations now require that federal contractors subject to the Federal Acquisition Regulation (FAR) rule, also known as Executive Order 12989, are mandated to comply with E-Verify regulations. 

Specific governemnt regulations require that employers review their I-9 Forms.  To comply with the FAR rule, a federal contractor must ensure that:

•  all applicable Forms I-9 have a Social Security Number (SSN)
• employee’s work authorization has not expired
• employer has reviewed information relfected in the I-9 Form
• employee’s citizenship status in Section 1 has not changed
• update employee’s Form I-9 to reflect updated information

An I-9 Audit by Form I-9 Compliance, LLC (www.formi9.com) can help ensure that you satisfy these requirements.  You can reach Form I-9 Compliance, LLC at 866-359-4949, or by completing the form above.

More detailed information regarding I9 Form requirements for federal government contractor employers is below.  (This information is an excerpt from the governments EVerify MOU for Federal Contractors).

Form I-9 procedures for Federal contractors: The Employer (through its Designated Agent), may use a previously completed Form I-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form I-9 is complete (including the SSN), complies with Article II.C.4, the employee’s work authorization has not expired, and the Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s stated basis in section 1 of the Form I-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form I-9 complies with Article II.C.4, if the employee’s basis for work authorization as attested in section 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new I-9 consistent with Article II.C.4, or update the previous I-9 to provide the necessary information. If section 1 of the Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.4, but reflects documentation (such as a U.S. passport or Form I-551) that expired subsequent to completion of the Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.4, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor.

For a full description of Federal Contractor Employer responsibilities under the provisions of Executive Order 12989, see below.

MEMORANDUM OF UNDERSTANDING

As a Federal Contractor using E-Verify, your company must comply with the Federal Contractor-specific terms of the E-Verify Memorandum of Understanding (MOU).

1. Depending on when your Company enrolled in E-Verify, the MOU that your Company signed may not contain the new Federal Contractor-specific terms.
2. All E-Verify-enrolled Companies must comply with the terms of the current MOU.
3. We recommend that you review the current MOU Federal Contractor requirements to ensure your Company complies with any new terms as referenced in SECTION D of the Memorandum of Understanding – Revised 10/29/08 (see immediately below).

SECTION D

RESPONSIBILITIES OF FEDERAL CONTRACTORS

1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not re-verify the employee through E-Verify.

a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.

b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later.

c. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II, part D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local , tribal governments, and sureties.

d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-Verify verification of all existing employees within 180 days after the election.

e. Form I-9 procedures for Federal contractors: The Employer (through its Designated Agent), may use a previously completed Form I-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form I-9 is complete (including the SSN), complies with Article II.C.4, the employee’s work authorization has not expired, and the Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s stated basis in section 1 of the Form I-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form I-9 complies with Article II.C.4, if the employee’s basis for work authorization as attested in section 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new I-9 consistent with Article II.C.4, or update the previous I-9 to provide the necessary information. If section 1 of the Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.4, but reflects documentation (such as a U.S. passport or Form I-551) that expired subsequent to completion of the Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.4, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor.

2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements.

Sign up for a FREE E-Verify webinar for government contractors and get answers to any questions you may have on EVerify regulation requirements by entering your name and email address  in the form above

Form I-9 Audits should be an integral piece of every employer’s I-9 process. While many employers elect to utilize error-detecting electronic I-9 solutions, such as the one provided by Form I-9 Compliance, LLC, they fail to audit their existing paper I-9 Forms. It is these very forms that can potentially cost larger employers MILLIONS of dollars in fines by U.S. Immigration and Customs Enforcement (ICE) because 80-90% of the average employer’s I-9 Forms are usually flawed.

ICE is the investigative arm of the Department of Homeland Security (DHS) that is tasked with ensuring that the Immigration Reform and Control Act of 1986 (IRCA) is enforced. According to a recent ICE press release, ICE is stepping up its efforts to audit I-9s of U.S. employers. 652 businesses were issued Notices of Inspection (NOI) on July 1, 2009. The press release goes on to state that “ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE’s long-term strategy to address and deter illegal employment,” said Department of Homeland Security Assistant Secretary for ICE John Morton.”

It is clear that the federal government is making a concerted effort to enforce immigration laws by ensuring that employers are hiring employees that are authorized to work in the U.S.

SO…

What do you need to do, if you are the subject of an ICE Audit? You need to contact Form I-9 Compliance, LLC immediately to help you through the I-9 Audit process and help reduce and mitigate your potential fines.

What do you need to do if you have not yet been selected for a Form I-9 Audit? You need to contact Form I-9 Compliance, LLC immediately and implement a voluntary Form I-9 Vulnerability Assessment Audit. This I-9 employment eligibility audit will materially reduce your potential fines and demonstrate your “good faith effort” to comply with the law.

Complete the Information Request form on this page to receive additional information on I9 Auditing as well as electronic I-9s and E-Verify, or CALL 866-359-4949.

Form I-9 Compliance, LLC is the #1 Provider of Easy to Use I-9 Auditing, Electronic I-9 and E-Verify Solutions.

HOW DO WE DO IT?

The Solution: Form I-9 Compliance’s 3-Step Process

Form I-9 Compliance, LLC offers employers a “3-STEP” RISK ANALYSIS AND REMEDIATION PROCESS to proactively address overall compliance with the Form I-9 processes and procedures:

STEP 1: SSN “No Match” Protocols – Automated submission of employer payroll records to the Social Security Number Verification Service (SSNVS) to identify employees with “No Match” problems. (This process is conducted for payroll purposes only);

STEP 2: Form I-9 Vulnerability Assessment Audits – Proactive Form I-9 Audits conducted by Form I-9 Compliance, help to ensure full compliance with the requirements of the Immigration Reform and Control Act (IRCA) and its subsequent amendments;

STEP 3: Scanning and Indexing of Form I-9s – Once the I-9 Forms have been audited by our senior auditing staff, the employer legally makes the appropriate changes and the corrected I-9s are scanned into an electronic database to create a completely paperless Form I-9 solution.

Form I-9 Compliance, LLC’s unparalleled I-9 Management Solution provides employers with legally defensible Form I-9 administration and proactive Social Security “No Match” protocols.

• Highly Secure
• Error-Detecting Electronic I-9
• E-Verify Integrated
• #1 in User-Friendliness

According to CEO, John Hermann, “this unique application of technology in all of our service offerings is not duplicated by any other provider, we are now able to clearly demonstrate to any employer that an investment in our I-9 Management Solution will lead to a significant return to the employer in terms of increased cost efficiencies and significantly reduced vulnerabilities to potential fines and negative publicity.”

In addition, Hermann stated, “we have assembled a highly qualified and knowledgeable staff of in-house senior auditors. Each of these individuals has more than 20 years of Form I-9 auditing experience. They are available to conduct on-site or off-site Vulnerability Assessment Audits, make recommendations for correcting flawed I-9 Forms prior to scanning and indexing, and to conduct focused training in proper Form I-9 administration. This nationwide cadre of senior auditors gives Form I-9 Compliance a significant edge over any other single provider in terms of its web-based technology applications and its auditing capabilities.”

SO…

Complete the Information Request form on this page to receive additional information on I-9 employment eligibility Auditing as well as electronic I-9s and E-Verify, or CALL 866-359-4949.