Top 10 Signs You Need an I-9 Audit.
October 3rd, 2011 § 5 Comments
With apologies to David Lettermen, we humbly present our Top Ten List of…
How to know you need an I-9 audit.
- You do not know how to make corrections to an I-9 Form.
- You have multiple job sites and no centralized I-9 system in place.
- Your company has recently gone through or is about to commence a merger, acquisition or reorganization.
- None of the personnel responsible for managing your I-9 compliance program has received formal training in proper completion and retention requirements.
- You are copying suspicious looking I-9 documents presented by the employee while completing the I-9 Form, but not all.
- You have received Social Security “no match” letters.
- You do not have a written I-9 policy and procedures manual.
- You know you have I-9 errors and mistakes in your existing I-9 files.
- You are thinking of converting to an electronic I-9 system.
- 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.
Another Great I-9 & E-Verify Seminar! Thanks to All Attendees!
September 23rd, 2011 § 1 Comment
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!
SHRM Event: iPad Raffle Raises Funds For Breast Cancer Patients
September 16th, 2011 § Leave a Comment
As always, GoffWilson felt privileged to attend and sponsor the joint meeting of the Manchester Area and Greater Concord affiliates of the Society for Human Resource Management yesterday. It is always rewarding to share information about immigration law with our friends in the human resource community.
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
Five Reasons Not To Miss This I-9 & E-Verify Seminar
September 6th, 2011 § Leave a Comment
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!
What A Subway Restaurant’s Mitigated I-9 Fines Means For Your Business
September 2nd, 2011 § 1 Comment
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.
I-9 Fines Handed Down in New England
July 22nd, 2011 § 1 Comment
On July 21, 2011, Immigration and Customs Enforcement (ICE) issued a press release containing statistics for the fines related to I-9 form violations in New England. In this fiscal year, 14 New England employers have been fined for various violations that resulted in the hiring of undocumented employees.
Employers who have been fined include:
- Jasper Wyman & Son of Milbridge, Maine, a blueberry grower, who settled with the government for $118,000;
- Commercial Cleaning Service of Allston, Mass., who was ordered to pay a $100,000 fine; and
- D’Agostino Associates, Inc. of Newton, Mass., a masonry contractor, who paid a $22,792 fine.
From October 1, 2011 through May 24, 2011, the New England regional ICE office served 41 notices of inspection and 12 final orders. This is a notable increase from the 2010 fiscal year. Nationally, ICE has initiated Form I-9 inspections against nearly 4,000 businesses from fiscal year 2009 to date, which has resulted in fines of nearly $7 million.
“These settlements serve as a reminder to employers that ICE will continue to hold them accountable for hiring and maintaining a legal and compliant workforce,” said Bruce M. Foucart, special agent in charge of ICE HSI in Boston. “We encourage companies to take the employment verification process seriously.”
What’s the solution? Contact us to conduct a partial or full audit to see how you are managing your I-9s.
USCIS Launches I-9 Central
May 16th, 2011 § Leave a Comment
Friday the U.S. Citizenship and Immigration Services launched a new website dedicated to the I-9 form called I-9 Central. They claim it will be an online resource for employers to address how to complete I-9 forms, documents accepted for I-9 purposes and retention requirements. We know from experience that completing the I-9 Form takes more than a government web site how-to! It requires hands-on training and practice.
We have the answers: GoffWilson offers comprehensive training workshops, guidance with internal audits, and I-9 compliance policy development.
Please contact us with your I-9 related questions.
I-9 Issue Spotting Challenge Winners!
May 11th, 2011 § Leave a Comment
Thanks to all participants who stopped by the GoffWilson booth at the Granite State Human Resource Conference last week. It was great to see our blog subscribers and meet some new faces. Overall, 75 daring participants took the I-9 Issue Spotting Challenge, and 27 were able to spot all errors on their worksheet. Without further ado, here are the winners of the I-9 Issue Spotting Challenge:
- Julianne Vance
- Eileen Lamy
- Jaime Corwin
- Sam Martin
- Samantha Pone
- Heath Hooper
- Chrissy Fratzel
- Heather Hannafin
- Michele Pastuszak
- Dee Frappiea
- Bev Widger
- Nancy Valpey
- Amy Cann
- Tapinanasha Nhumdu
- Bonnie St. Lawrence
- Lisa Nettleton
- Kevin Keleher
- Debbie Forbes
- Dorinda Ouellette
- Tracy Micali
- Barbara Guerrier
- Dana Moss
- Marie Graichen
- Moira Hudak-Hall
- Kelli Alves
- Katie Chapman
- Chris McInerney
These winners will receive a GoffWilson insulated lunch tote and an official I-9 Issue Spotting Champion certificate entitling them to full bragging rights.
For those of you who did not get all the answers correct on the challenge, here is the answer key for each version. If you have any questions, please feel free to contact us.
J-1 Visa Holders and the I-9 Form
April 19th, 2011 § Leave a Comment
Summer is nearly here and it is time to start thinking about your summer employment needs. For many of you, that means that you will be hiring employees on the J-1 visa program and you will need to figure out how to fill out the I-9 form properly with the documents that they have.
While J-1 exchange visitors are not issued Employment Authorization Documents (Form I-766), they will have three documents that are acceptable List A documentation when presented together:
- Unexpired foreign passport;
- Form I-94/I-94A; and
- Form DS-2019.
Employers should record the following data under List A:
- Foreign passport title, number, issuing authority, and passport expiration date on the first four lines;
- 11 digit Form I-94/I-94A number and its expiration dates (which may be duration of status, which is frequently handwritten at “D/S” on the I-94 card) on the next two lines; and
- Form DS-2019 number (SEVIS number) and expiration date of employment authorization listed on the form wherever you can fit this information on the form.
Whew! All of that information in that little space! Since you will not have enough lines to record all of the information, it is best to write this information in Section 2 and keep a copy of all three supporting documents with the I-9 form.
If only removing sand from the car was just as easy!
Social Security No-Match Letters Resume
April 14th, 2011 § 1 Comment
As of April 6, 2011, the Social Security Administration (“SSA”) has resumed issuing Social Security no match letters to US employers. No match letters are issued when an employee’s name and Social Security Number do not match. The source of the mismatch could include typographical errors, name changes and incomplete information, as well as fabricated Social Security Numbers.
These letters – and the legal follow-up requirements and ramifications – have been the subject of litigation for years. Since the court battle has not yet finished, the new letters have removed the specific guidance for how employers are legally required to respond. Immigration Customs and Enforcement, SSA, and the Office of Special Counsel do agree that the mere receipt of a no match letter is not evidence that the employee is using fraudulent documents and is not authorized to work, but these letters have been used against employers to prove that the employer knowingly continued to employ an undocumented worker given the totality of the circumstances.
Employers must establish effective strategies to address no match letters in a lawful yet non-discriminatory manner. Gone are the days when employers can cover their eyes and look through their fingers. It is critical for employers to address any no match letters that are received immediately. Employers should also consider completing an internal I-9 audit to ensure their I-9 forms have been completed properly.
If you receive a Social Security No-Match Letter, please contact GoffWilson immediately. In addition, GoffWilson is available to answer questions relating to these matters: info@goffwilson.com.
