Herb Grower is Part of Record Setting Year for I-9 Violations
May 9th, 2012 § Leave a Comment
In a recent aggressive action by ICE, a Washington state herb grower was fined $1 million and pleaded guilty to felony offenses with five years probation for knowingly hiring undocumented workers.
As is customary in these cases, ICE began with an audit of the company’s I-9 forms, which uncovered significant discrepancies. Of the 300 I-9 forms reviewed, more than 200 were suspect. In a plea agreement, HerbCo International, Inc. admitted to knowingly hiring undocumented workers in violation of the Immigration Reform and Control Act. Three company executives, including the vice president and general manager, were prosecuted and pleaded guilty to a misdemeanor offense of aiding and abetting in the employment of illegal workers. They were all sentenced to one year probation. As stated by ICE, “businesses that engage in this unlawful practice should take note of the significant penalties and take proactive steps to comply with the law.”
Last fiscal year, ICE filed criminal charges against a record-breaking total of 221 owners, employers, managers and/or supervisors for hiring undocumented workers and other employment-related immigration violations. These most recent prosecutions underscore this administration’s continuing policy to prosecute employers for immigration based employment offenses, rather than go after the foreigner him/herself. Enforcement remains a priority for this Administration.
It is critical for employers to ensure their I-9 forms are compliant with the law before an audit is requested. The most comprehensive and safe way of ensuring compliance is to conduct an independent I-9 audit of your company’s forms. Contact us today to discuss how we can assist you and your organization to verify employment eligibility for all your employees with a comprehensive Compliance Program. We are here to help!
Update: TPS Now Available for Syrians
March 30th, 2012 § Leave a Comment
On March 29, 2012, the U.S. Citizenship and Immigration Service (USCIS) announced the registration period for Temporary Protected Status for Syrian nationals is now open for a 180-day period that begins on March 29, 2012 and ends on September 25, 2012. Syrian nationals (and persons without nationality who last habitually resided in Syria) must register for this status with USCIS. Once registered, eligible Syrian nationals will not be removed from the United States and may request employment authorization.
To be eligible, Syrians must meet the individual requirements and demonstrate that they have continually resided and been continually physically present in the United States since March 29, 2012. Syria joins the following countries that are currently designated for TPS status: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan and South Sudan.
Upon application, Syrians with TPS designation will receive an Employment Authorization Document. To employ a person with TPS, employers are still required to complete an Employment Eligibility Verification Form (Form I-9) and accept the reasonably genuine documentation that appears on the lists of accepted documents. Employers may not request proof of Syrian citizenship when completing the I-9 Form.
If you have any questions, please contact our office.
U.S. to Provide Temporary Protective Status to Syrians
March 29th, 2012 § 1 Comment
It has been nearly impossible to miss the news of violence and civil unrest coming from Syria this year. It is estimated that hundreds of people have already died in clashes between the opposition and the current regime, especially the attack on the city of Homs. Currently the violence shows few signs of letting up. Because of this, the United States is providing temporary safety and employment authorization to Syrians already in the U.S.
Janet Napolitano, the secretary of Homeland Security, has announced that the Department of Homeland Security will be designating Temporary Protected Status (TPS) to citizens of Syria currently in the US. TPS is a temporary immigration status granted to citizens of the foreign country who are present in the United States and unable to return to their home country due to an ongoing armed conflict, environmental disaster or other extraordinary and temporary conditions until the threat to personal safety has dissipated. Citizens of Syria may enroll in the program and thus receive employment authorization while remaining in the United States in TPS.
The enrollment period has not yet opened. We are expecting an announcement in the Federal Register this week and we are monitoring the situation closely for our clients. The Federal Register notice will provide additional guidance on how to register for TPS, who is eligible to apply for TPS, and when TPS applications can be filed.
Employers will need to understand how to complete an I-9 form for an employee who has employment authorization through TPS. If you have any questions about the TPS application or the I-9 Form, give us a call or email. We are here for you!
Remember That Little I-94 Card? DHS Changes Arrival/Departure System
March 22nd, 2012 § Leave a Comment
The Department of Homeland Security (DHS) is making systematic changes to fully automate the paper I-94 (Arrival/Departure) based system. As part of the phased initiative to enact the system, the Arrival-Departure Record is no longer required for nonimmigrant visitors traveling by air or sea and who have obtained a travel authorization via the Electronic System for Travel Authorization (ESTA). It is only a matter of time before you no longer have to worry about keeping that card.
As DHS automates the system, other government agencies and systems that rely on the I-94 card system will also need to be updated, automated or adjusted. One such agency that foreigners frequently have questions about is the Social Security Administration (SSA).
The Social Security Administration recently announced system updates for the Social Security Number Application Process (SSNAP) and the process for nonimmigrants to obtain a Social Security Number. (Click here to find the office nearest you). Additional changes can be expected in the near future.
Since several categories of the Form I-9 require employees to present a paper I-94 card, it is important for employers to expect, and keep abreast of, the upcoming changes. Continue to read GoffWilson’s Immigration Blawg as these changes in the I-9 become effective. We will post any changes to the form or the I-9 process on the blog as they become available. Stay current on all I-9 issues and other immigration matters by relying on GoffWilson! It’s what we do.
Wondering about the I-9 Form or other immigration law issues? Contact GoffWilson today.
Why U.S. Employers Should Consider Hiring Foreign Students
February 10th, 2012 § Leave a Comment
Sometimes it is simply in the best interests of an employer to hire a foreign student and employers should not pass on this opportunity, especially when recruiting in the areas of science, technology and engineering.
Many of the brightest students from around the world come to the U.S. to study at our colleges and universities. Following graduation they often seek employment here in America.
An individual here on an F-1 student visa who has received a bachelor’s, master’s or doctoral degree in science, technology, engineering or math (known as STEM, collectively) may apply for a one time 17-month extension of his or her Optional Practical Training (OPT) to allow authorization to work for a U.S. employer as long as the employer is enrolled in E-Verify prior to the expiration of the employee’s status.
If you employ a student, be sure that your I-9 Form is properly updated. But what steps need to be taken prior to the expiration of a student’s initial OPT card?
- To document the extension, the student will need to present the Form I-20 endorsed by the designated school official recommending STEM extension.
- Upon reviewing the Form I-20, you should write “180-day Ext.” in the margin of Section 2.
- If it is your policy to make a photocopy of the supporting documents used to complete the Form I-9, a copy of the I-20 form should be made and retained with the Form I-9.
- Last, you are required to re-verify employment authorization no later than 180 days from the expiration date of the previous EAD.
- Employers should mark a tickler system to ensure the I-9 Form is updated prior to this date.
The employer should not submit an E-Verify inquiry for any employee hired before the company signed the E-Verify Memorandum of Understanding, unless the employer is subject to a contract containing the E-Verify mandate under the Federal Acquisition Regulations (FAR).
If you are considering hiring a recent foreign graduate, give us a call. We can explain all the employment options available to you. We are immigration attorneys. It’s all we do!
GoffWilson’s National Webinar Earns An “A” Grade
December 23rd, 2011 § Leave a Comment
Over the years, GoffWilson has become known for the educational seminars and webinars we offer. It’s always nice when we hear feedback on these events as they let us know how we can improve and if people value the experience.
On November 10, Attorney John Wilson and Associate Attorney Grace Miller conducted a SHRM national webcast on I-9 audits. The presentation was an in-depth discussion of the intricacies of I-9s and pitfalls to avoid.
There were more 300 participants from around the country on this immigration law webinar–not surprising considering this hot issue and the fact that webinar attendees earned HRCI credit.
Following the 90-minute presentation, the participants completed a survey to rate the broadcast. According to the folks at SHRM who tallied the results, the combined excellent/very good score on presenter puts GoffWilson in the top 5% of all presenters for SHRM. That’s great news for us!
No one rated us as “fair” or worse. Ratings regarding content were also very high with 88% of the participants reporting excellent or very good content. Again, this is in the top 10% of all SHRM broadcasts.
Over 90% of the listeners stated they would recommend this program to others needing information on the topic. Based on these terrific results, we plan to offer another program(s) in 2012. Our I-9 training seminars (live) or via webcast are especially popular in this climate of heightened scrutiny of US Employers. Make sure you are prepared. Let us know if we can help. Interested in specific topics? Feel free to comment below or email us today.
The High Price of Hiring Undocumented Workers
November 21st, 2011 § 1 Comment
As a firm focusing on immigration law, we are always tuned in to news about immigration law violations and how costly they can be for employers. Last week, U.S. Immigration and Customs Enforcement (ICE) sentenced the owners of Aquila Farms, a dairy operation in Bad Axe, MI, for hiring illegal aliens and on other immigration charges. The penalty included a $500,000 fine, five years of probation and payments totaling $2 million in lieu of asset forfeiture. The Michigan dairy farm employed 78 different undocumented workers from 2000 to 2007, making up almost 75% of their workforce.
Elsewhere, the new immigration law in Alabama has the state’s farmers concerned about both federal and state penalties, as well as finding and retaining a legal workforce for the upcoming growing season. But farming is not the only industry that may find ICE knocking at their door if they violate immigration law.
ICE has stated, “No industry, regardless of size, type or location is exempt from complying with the law.” ICE has also said that they determine which employers to investigate “based upon specific intelligence obtained from a variety of sources.” In the farming case in Michigan, the inquiry was based on a lead from the Michigan State Police. Employers need to be aware that this that information is shared across all agencies.
Employers are responsible for making sure that their employees’ I-9 forms– the primary mechanism that ensures all your employees are authorized to work in the U.S.– are in compliance with the law. You need to have your I-9 house in order. Call us, it’s what we do best and we are here to help! To stay connected with GoffWilson and the Immigration bLAWg, be sure to follow us on Facebook and Twitter.
Form I-9 Turns 25 (And It’s As Important As Ever)
November 8th, 2011 § 2 Comments
Last week, Ivan Hardt, president of Sun Drywall and Stucco in Sierra Vista, AZ, pleaded guilty to federal charges of hiring undocumented employees after a 16-month investigation by U.S. Immigration and Customs Enforcement (ICE).
Sunday, November 6, 2011, marks 25 years that the I-9 Form has been in effect. The Sun Drywall & Stucco case reminds us not to ignore the simple fact that it is imperative to verify that I-9 forms are in compliance with the law, regulations, administrative decisions, and federal court opinions that have been issued over the last 25 years.
As part of his plea, the company president agreed to pay $225,000 in back wages and an additional administrative forfeiture of $225,000 to ICE. The company, through its president, also pleaded guilty to unlawful employment of undocumented workers.
Hardt’s sentence underscores the importance of I-9 compliance and the Department of Homeland Security’s ongoing concerted effort to target employers who hire undocumented workers and to shift the burden of policing undocumented workers onto U.S. employers.
In Janet Napolitano’s testimony before the U.S. House of Representatives Committee on the Judiciary on October 26, 2011, she reconfirmed that DHS will continue “utilizing robust Form I-9 inspections, civil fines and debarment, and enhancing compliance tools like E-Verify” as part of its interior enforcement strategy.
Under the Obama administration, ICE has conducted more I-9 audits than any previous administration. Since FY2009, ICE has audited more than 6,000 employers across the country and imposed more than $76 million in financial sanctions on those employers. In FY2011, ICE arrested 221 employers accused of immigration and employment related violations, which is an agency record.
Every employer must fill out the I-9 form for all employees. If you need an I-9 compliance program, an I-9 audit or an just update on how to complete I-9s, call us, it’s what we do! You can also contact us online at www.goffwilson.com.
Is there a topic you would like to see covered in an upcoming post on the GoffWilson bLAWg? Submit your idea here, or let us know on Facebook or Twitter.
Workshop Tackles the Nuts and Bolts of Form I-9
October 19th, 2011 § Leave a Comment
On October 13, attorneys John Wilson and Grace Miller gave a lively presentation on Form I-9 and E-Verify to members of the River Valley Human Resources Association in Claremont, NH. We would like to thank all the participants for asking many great, engaging questions, and of course extend a big thank you to Claremont Savings Bank for hosting us in their conference room.
In addition to providing an in-depth look at each section of the I-9 Form and the Lists of Acceptable Documents, attorneys Wilson and Miller explained E-Verify, how it relates to the I-9 Form, and what obligations are created when employers enroll in the program. Participants left the workshop with a better understanding of the I-9 form and why it’s frequently called the most complicated one page form ever created!
Each participant received GoffWilson’s coveted I-9 Form Reference Workbook, which past participants have said they use every time a new person is hired. GoffWilson attorneys have carefully tailored this workbook to be a practical, step-by-step guide to completing the I-9 Form. The workbook also provides examples of correctly completed I-9 Forms, frequently asked questions, and examples that can help you spot I-9 errors before they become a legal headache.
We would like to extend a special thank you to the participants who asked us to stay longer to review additional examples and ask questions. If you were unable to attend this workshop and you are interested in Form I-9 related training, please stay tuned to GoffWilson’s I-9 Blawg. Additional presentations will be offered soon. They will be announced on our Blawg and our social media accounts, so be sure to bookmark us and follow us on Facebook and Twitter. If you are interested in hosting a workshop for your organization, please visit the I-9 training and seminars page on our website.
Thank you again to all of the participants for a great workshop!
Dollars and Sense: The Cost of I-9 Violations
October 12th, 2011 § 1 Comment
The Office of the Chief Administrative Hearing Officer (OCAHO), the agency responsible for presiding over cases involving I-9 related violations, fined Ketchikan Drywall Services Inc. $770 for each of the 225 separate violations discovered during an I-9 form audit. Even after weighing the five statutory factors that might have mitigated the fine, the administrative hearing officer found no compelling reason to lower the government’s initial calculation of the fine. The I-9 violations ended up costing Ketchikan Drywall a total of $173,250, which is on the higher end of the permissible range.
The government’s rigid I-9 standards and employers’ inability to negotiate and mitigate fine levels for I-9 related violations is a national trend. The lesson learned from this recent case is that employers must be compliant with every letter of the law before they come under investigation by Immigration and Customs Enforcement. Certain errors on the I-9 form can be corrected, but the forms must be properly corrected to mitigate damages. An internal I-9 audit can help catch and correct violations before they become a potentially very expensive problem.
For assistance with I-9 forms, I-9 related policies, and internal audits , as well as all questions relating to E-Verify, please contact GoffWilson.
