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.

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.

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.

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!

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.

With apologies to David Lettermen, we humbly present our Top Ten List of…

How to know you need an I-9 audit.

1. You do not know how to make corrections to an I-9 Form.
2. You have multiple job sites and no centralized I-9 system in place.
3. Your company has recently gone through or is about to commence a merger, acquisition or reorganization.
4. None of the personnel responsible for managing your I-9 compliance program has received formal training in proper completion and retention requirements.
5. You are copying suspicious looking I-9 documents presented by the employee while completing the I-9 Form, but not all.
6. You have received Social Security “no match” letters.
7. You do not have a written I-9 policy and procedures manual.
8. You know you have I-9 errors and mistakes in your existing I-9 files.
9. You are thinking of converting to an electronic I-9 system.
10. The HR position has recently been filled by a new person who now has responsibility of managing I-9 Forms.

Don’t worry, we are here to help you through the maze of I-9 regulations and traps. Give us a call at 603.228.1277 or email GoffWilson and let us provide you with training, a compliance program and guidance. We are your I-9 Team.

Thank you to all of the participants who attended our seminar, “Form I-9 & E-Verify: What You Need To Know – 2011” yesterday at Northeast Delta Dental in Concord, New Hampshire. We would like to thank Northeast Delta Dental for providing the venue – as well as a toothbrush and tube of toothpaste for each participant! We had an engaging workshop with lots of great questions.

Participants included private employers, public employers, not-for-profit organizations, and government entities of all sizes. To make sure we’re addressing the needs of our attendees, we like to survey participants soon after the seminar. If you would like to take part in this brief survey, please click here.

In addition to the yummy breakfast, participants left with an in-depth understanding of I-9 form completion and retention requirements. Attorneys John Wilson and Grace Miller demystified E-Verify and the employer’s obligations created by enrolling in the program.

Each participant was given GoffWilson’s sought-after I-9 form reference workbook, which past participants have said they use every time a new person is hired. Using this workbook, participants were given the opportunity to put pen to paper and complete sample I-9 forms that were filled with common issues and problems. Workshop participants then applied their knowledge and skillfully spotted errors on sample I-9 forms.

GoffWilson has certified this course for HRCI credit. Participants who needed PHR/SPHR certification received 3 hours of HRCI credit.

Thank you again to all of the participants and Northeast Delta Dental for a great work!

We were especially happy to talk with so many of you at our table. We were overwhelmed with the great response we received to our iPad2 raffle! Thank you to all who bought tickets.

The effort, which also received financial support from KBW Financial Staffing & Recruitment; ECCO USA, Inc.; and Soca Interior Design, raised over $1100 in just a few hours for the New Hampshire Breast Cancer Coalition, a non-profit, all-volunteer organization that provides invaluable support to help breast cancer patients in NH manage the financial toll of treatment. Donating the iPad2 for the raffle was a great way for GoffWilson to give a nice perk to our associates in NH’s human resource community, as well as support a very important cause.

Congratulations to our lucky winner, Bonnie Vien of Globe Manufacturing, LLC, who took home the iPad2 in its attractive pink case. (The iPad also featured custom shortcuts to our website and TheImmigrationBlawg.com, so Bonnie can stay in touch with us easily.)

The winner of our second prize in the raffle, a seat at our upcoming seminar “Form I-9 & E-Verify: What You Need to Know 2011,” was Pam Hogan of Southern NH University. If you would like more information about Form I-9 or E-Verify, please contact us.

Congrats to both of our winners and many thanks to all of our SHRM friends who took part in the raffle. A full list of all who participated is available below.

Supporters of NH Breast Cancer Coalition

Beth Menton
Caroline Bergeron
Cathy Harrington
Cerina Yeaton
Cheryl Tapply
Chris Hagen
Cindy Walsh
Claire McGrath
Dana Lucas
Dawn Jesmer
Deb Laushine
Deborah McKinstry
Debra Lacey
Eileen Jasie
Francine Driscoll
Gayle Troy
Gerry Fernandez
Gloria Jacobson
Gordon Woodfall
Helen Goodman
Jackie Brough
Jaime Corwin
Jane Delmar
Jane Gile
Janet Cote
Janet Dugan
Jen Moeckel
Kathleen McNutt
Jen Cook
Jess Beaudet
JoAnn Shattuck
Jody Bugbee
Joyce Morrison
Julie Snedeker
Julie Snedeker
Karen Carter
Kathi Doucet
Kathy Hammel
Laurie Glaude
Laurie Methren
Laurie Murphy
Lesley Blecharczyk
Linda Tuells
Pat Freeman
Paul Wilson
Real Madore
Rene Laferriere
Robyn Chadwick
Roger Page
Sara Lewko
Scott Watkins
Sheila Kabat
Stephanie McQuade
Steve Manteau
Susan Dalrymple
Tracy Jordan
Victoria Chapman
Walter Michelsen

1. I-9 Compliance

2. Hands-On Experience

3. Coveted 2011 I-9 Workbook

4. HRCI Credit

5. A Special Surprise Raffle

Visit the I-9 & E-Verify Seminar Website today to register. Hurry! Registration closes after Thursday, Sept. 8!

Why should you care about a Subway restaurant in North Carolina and it’s trouble with I-9 forms? Well, from 2009 to the end of 2010, that Subway restaurant was the subject of an ICE investigation and faced fines of more than $110,000 for I-9 form violations.

In its filings, ICE alleged in Count I that the restaurant hired 11 named individuals from 2006 through Feb. 2009 and failed to ensure that those individuals properly completed section 1 of form I-9 and/or failed itself to properly complete section 2 or section 3 of the form. Count II alleged that the restaurant hired 85 named individuals between 2006 and Feb. 2009 for whom it failed to prepare or present I-9 forms at all.

Penalties were sought in the amount of $1,028.50 for each violation, or $31,883.50 for Count I and $87,422.50 for Count II for a total of $119,306.00.

In Dec. 2010, the Department of Justice, Office of the Chief Administrative Hearing Officer (OCAHO) issued a precedent decision that reduced the fine levied on the Subway restaurant for form I-9-related violations.

The initial fine was near the maximum amount permitted within the regulations that an employer can be fined. Although the administrative law judge acknowledged that the violations were serious, she reduced the fine after considering the company’s ability to pay and the general state of the economy (among the other five mitigating factors permitted by the statute).

The fine was reduced for Count I to $6,900 and for Count II to $21,250.00 for a total of $28,150, which is still substantial, but is not so “onerous that employees have to lose their jobs or employers are forced out of business.”

This decision is noteworthy due to the additional factors (the company’s ability to pay and the economy) that the judge used to mitigate the fine. This decision gives employers greater negotiating power when faced with fines from ICE for I-9-related violations.

This is another example of employers being held accountable for their workforce. It is noteworthy that in this case none of the bad I-9s were from unauthorized aliens. These are just the type of  I-9 compliance issues GoffWilson can help your company with. Call (603.228.1277) or email us before you have any trouble with ICE.