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We would like to extend a special thanks to those who attended “Form I-9 & E-Verify: What You Need To Know 2010″ at Delta Dental Auditorium last Friday. The seminar was a success for the second year in a row!
The event was fully-booked and sold-out by HR Professionals and business owners looking to deepen their knowledge and understanding of the I-9 Form. Participants arrived early Friday morning at Delta Dental Auditorium and were treated to a delicious breakfast to get energized for the day.
Melissa Registers Participants
A delicious breakfast
Attorney Jim Reidy, of Sheehan, Phinney, Bass + Green, P.A., kicked-off the seminar by providing participants with an informative Labor Law Legal Update.
Attorney Jim Reidy kicked-off the day
Attorney John Wilson and Attorney Grace Miller of GoffWilson, P.A. led the seminar. Participants learned how Immigration and Customs Enforcement (ICE) targets illegal immigration by focusing on U.S. employers. ICE uses the I-9 Form and hiring records to target employers that do not comply with employment eligibility verification laws. Form I-9 errors can result in fines that range from $110 to $1,100.
Attorney Grace Miller & Attorney John Wilson explain how ICE targets illegal immigration
Attorney Wilson and Attorney Miller taught participants how to complete the I-9 Form properly and completely, discussed the most common errors that can result in ICE scrutiny and fines, reviewed acceptable verification documents, and covered the most up-to-date legal requirements that employers must abide by.
Attorney Miller teaches participant how to properly complete the I-9 Form
Attorney Wilson teaches participants how to properly document a U.S. Driver's License and a Birth Certificate
After 3 hours of intense I-9 training, participants received certificates for HRCI credit from the Human Resource Certification Institue. Nancy Valpey from the NH Liquor Commission was the lucky winner of the beautiful flower arrangement at the registration table.
Participants received 3 hours of HRCI recertification credit
Enter to win the flowers...
And the lucky winner is: Nancy!
Special thanks to the staff at Delta Dental for providing the space and resources to make the day a success, and to Attorney Jim Reidy for contributing his time and information.
Thank You Delta Dental
We look forward to seeing you at future seminars.
- The GoffWilson I-9 Team
Aerial photo of Can Do It, Inc., 801 Golf Lane, Bensenville, Illinois
Last week the president and office manager of two staffing companies operating from the same business location were charged with hiring undocumented employees. Clinton Roy Perkins, the president, and Christopher Reindl, the manager, operate two staffing companies, Anna II, Inc and Can Do It, Inc., from 801 Golf Lane, Bensenville, Illinois. The indictment alleges that both men hired more than ten employees with actual knowledge that the individuals were undocumented and had been brought into the United States in violation of the law.
Gary Hartwig, special agent in charge of the ICE office of Investigation in Chicago, stated, “ICE is committed to ensuring that employers are held accountable for maintaining a legal workforce. The goal of our enforcement effort is two-fold – reduce the demand for illegal employment, and protect job opportunities for the nation’s lawful workforce.”
If convicted, the indictment seeks forfeiture of both business and personal assets. In addition, hiring undocumented workers carries a maximum penalty of five years in prison and a $250,000 fine for each count.
This indictment is consistent with the stated policy of the Obama administration: enforce the laws that prohibit U.S. employers from hiring undocumented workers to eliminate the demand of illegal immigration.
Since the focus of the worksite enforcement investigations has shifted to the employer, employers should verify that their I-9 forms are being properly completed and retained.
Navigating the rough seas of immigration law demands that companies wear life preservers for safety. GoffWilson announces an encore performance of last year’s winning seminar for Employers and Human Resource Professionals, “Form I-9 & E-Verify: What You Need To Know 2010”. Back by popular demand, the training workshop will take place on Friday, June 4, 2010 from 8:00 a.m. to 11:30 p.m. at Delta Dental Auditorium in Concord, NH. Participants earn three Human Resource Certification Institute (HRCI) continuing education credit hours for completing the training.
On October 28th, President Obama signed the Department of Homeland Security appropriations bill for fiscal year 2010, extending E-Verify through September 30, 2012. The bill passed the house on October 15th and the Senate on the 20th.
Passage of this bill is consistent with the Administration’s stated intention to eventually make E-Verify mandatory for all employers (as we reported in April of this year).
E-Verify is an online system dependent upon the Form I-9 that is intended to allow employers to verify the employment authorization of newly hired employees.
It appears that the E-Verify program is here to stay – at least until 2012. Last Thursday, the House of Representatives passed the $44.1 billion Department of Homeland Security budget for fiscal year 2010 (HR 2892). Funding for E-Verify was set to run out at the end of this month, but the 307-114 vote extends funding for E-Verify through September 2012. The budget is expected to pass the Senate this week and will then be passed on to the President for signature.
If you have questions about E-Verify, the I-9 Form or your company’s compliance responsibilities, contact us.
In case you haven’t seen it yet, the USCIS released supplemental E-Verify guidance specifically for Federal Contractors. This 22-page document can be found here.
Also, we have received inquiries from companies who don’t want to wait to enroll in E-Verify until they receive their new or amended contract. Please be advised that while any company is allowed to enroll in E-Verify at any time, companies cannot enroll in E-Verify as a Federal Contractor until they receive a new contract that contains the E-Verify clause or an existing contract is amended to include this clause. This is an important distinction to make, since the requirements and allowances for Federal Contractors and voluntarily-enrolled E-Verify users are different. Employers who voluntarily enroll in E-Verify before they receive a federal contract must amend their status within E-Verify after the contract with the E-Verify clause has been awarded. If you have questions, please contact us.
Starting today the government will begin including a clause in all qualifying federal contracts requiring the use of E-Verify. They may also begin to amend existing contracts, if the contracts meet the qualifying criteria. As mentioned in our September 3rd bLAWg post, a motion for emergency injunction was filed in the hopes that the start date would be postponed again, but this motion was denied. Please visit this article from today’s Wall Street Journal for additional coverage.
What is happening on September 8, 2009?
On September 8, 2009 the government will begin including a clause in all qualifying federal contracts requiring the use of E-Verify. They may also begin to amend existing contracts, if the contracts meet the qualifying criteria. Once an employer has a contract containing the E-Verify clause, they will be required verify the employment authorization of all new employees, and all existing employees who are assigned to work on the relevant federal contract.
What is E-Verify?
E-Verify is an online system intended to allow employers to verify the employment authorization of newly hired employees. Employers enter the information from the employee’s I-9 form into the E-Verify program. The program electronically compares this information with information contained in databases maintained by the Department of Homeland Security (DHS) and Social Security Administration (SSA).
Will my company have to start using E-Verify on September 8, 2009?
It depends. Only employers who have a government contract with an E-Verify requirement clause are required to use E-Verify. If your contract is amended, or if you are awarded a contract on or after September 8, 2009, then you will need to enroll in, and use the system.
Does/will my federal contract qualify?
An employer has a qualifying federal contract if:
- The contract is governed by the Federal Acquisition Regulation (FAR);
- The period of performance is longer than 120 days;
- The contract has a simplified acquisition threshold of over $100,000 or is a subcontract for services or for construction with a value over $3,000; and
- The work is being performed in the U.S.
Please note that the new rule has several exemptions, including contracts that include only commercially available off-the-shelf items and related services.
It looks like my company will have to enroll. What do I do next?
Affected contractors will be required to enroll in E-Verify within 30 days of the contract award/modification date.
- New Hires: Within 90 days of enrollment, the contractor must begin to use E-Verify to initiate verification of employment eligibility of new hires who are working in the United States, whether or not assigned to the contract. Once the employer begins to verify new hires, such verification of new hires must be initiated within 3 business days after the date of hire. E-Verify does not currently allow employers to enter a future start date. Therefore, the employee must be run through the system on or after the first day of hire and before the end of the third day. This timeline is not flexible.
- Current Employees Assigned to the Contract: Once enrolled in E-Verify as a federal contractor, the Employer must initiate verification of existing 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.
Employers can choose which business sites to enroll in E-Verify, however, once a site has signed the Memorandum of Understanding all new hires at that site must be E-Verified.
Please note that employers who enroll in E-Verify are still required to complete the I-9 form for all newly hired employees. In other words, enrolling in E-Verify does not exempt employers from the responsibility to complete, retain, and make available for inspection I-9 forms, as currently required by law.
I am not a Federal Contractor or Subcontractor – should I sign up anyway?
Any employer can voluntarily enroll in E-Verify. Some companies have been required to sign up as a consequence of breaking immigration laws, or because state law requires it. However, for most employers, enrollment is voluntary. Please note that enrolling in E-verify does not protect a company from worksite enforcement actions. The E-Verify system is monitored closely by the federal government. As outlined in the E-Verify Memorandum of Understanding, employers are liable for inappropriate use of the system. In addition, by agreeing to use E-Verify, employers invite closer scrutiny of their workforce and hiring procedures. As a result, it is crucial for employers to have their I-9 forms and hiring procedures in order prior to enrolling in E-Verify. It is advisable to have an internal audit conducted by an outside source to verify that hiring procedures and form completion are compliant with the law.
The E-Verify requirement for federal contractors has been postponed four times in the past; will it be pushed back again?
Maybe. As of today, it appears that the September 8, 2009 start date will stick. However, an emergency motion for an injunction to prevent the rule from going into effect has been filed. If the motion is granted and the date changes (again!), we will be sure to let you know.
Additional Resources:
- For questions regarding E-Verify, internal Form I-9 audits or other immigration related matters, please contact GoffWilson.
- US Citizenship and Immigration Services (USCIS) maintains web page entitled Frequently Asked Questions: Federal Contractors and E-Verify.
- For more information, visit the E-Verify Memorandum of Understanding.
- Click here for the rule which includes the time periods in which employers have to verify their employees’ work authorization.
The recent decision by the U.S. District Court means that the federal regulation making enrollment and participation in E-Verify mandatory for certain federal contractors and subcontractors will go into effect on September 8, 2009. This date had been pushed back four times as a result of the change in administration and ongoing litigation. The federal government will include a clause with the E-Verify requirement in all federal contracts issued after September 8, 2009 and may modify existing qualified contracts.
For more information about E-Verify requirements please read our January 8, 2009 bLAWg post on the topic. Information can also be found on the U.S. Citizenship and Immigration Services (USCIS) website.
Employers should make sure they are fully compliant with Form I-9 rules and procedures before enrolling in E-Verify. To learn more about the auditing and training services offered by GoffWilson, or for more information on the new regulation, please visit GoffWilson.com or call (603) 228-1277.
In a press release dated July 8th 2009, Department of Homeland Security Secretary Janet Napolitano announced the Administration’s intent to rescind the Social Security No-Match rule. The rule was proposed in 2007, and is currently the subject of litigation. It was intended to give employers a standard set of instructions to follow if they received a letter from Social Security reporting that the names and Social Security numbers of employees did not match.
Instead of the No-Match rule the Administration intends to go forward with its plan to require Federal Contractors to use the E-Verify system. So far this requirement has been pushed back four times. As it stands, on September 8th 2009, language will be added to new and existing qualifying contracts requiring the contractor (and some subcontractors) to use E-Verify. Though E-Verify is set to expire on September 30, 2009, we expect it will be extended; several bills are pending in Congress that would extend the program.
Employers are facing increased scrutiny and changing rules. Full compliance must be the goal. If you have questions about E-Verify, Form I-9 audits and training, or your responsibilities as an employer, please contact us.
