New State Dept. Program For Canada, Mexico, Caribbean Travel Worth Checking Out
March 16th, 2012 § Leave a Comment
Do you or someone you know travel frequently to our neighbor country to the North?
If you travel frequently to and from Canada, the new pilot program launched in January this year by the Department of State may be worth checking out.
On January 24, the Department of State’s Office of Passport Services launched a 90-day pilot program. It allows adult U.S. citizens living in the U.S. and Canada to apply for a passport card online.
Those applying online are not required to mail in their current passports. The wallet-sized U.S. passport card costs $30 for current passport holders, and is valid for land and sea travel to and from Canada, Mexico, the Caribbean, and Bermuda. It is not valid for international air travel.
To participate in the program, you need the following:
- Valid U.S. passport with a 10-year validity period that has at least 12 months of validity remaining
- Acceptable digital photograph
- Make an online payment in U.S. dollars via Pay.gov.
The Department of State began producing the passport card in 2008 in response to travel document requirements imposed by the Western Hemisphere Travel Initiative (WHTI) when all persons entering and leaving Canada and the US were required to now have a passport. Since then, more than 4.5 million cards have been issued.
To apply for the passport card using the online application, visit their website.
And if you have any questions about immigration law in general, feel free to contact us!
Have Your Documents Been Prepared for a Visit from the USCIS?
February 23rd, 2012 § Leave a Comment
If the USCIS came knocking at your door tomorrow, would your business be ready? Although you know your business is complying with immigration regulations, you might not have all the documentation you need to satisfy the requirements of an audit–and that could lead to a lengthy, troublesome tangle with USCIS.
It’s real and happening now to employers all over the country with great frequency – The U.S. Customs and Immigration Service is conducting surprise visits to employers’ premises to review documents and confirm that all workers have the correct documentation. Would your business be prepared if USCIS decided to drop in?
If the USCIS does visit your business, you can ensure that the process is smooth and efficient by having the following documents and information ready to go.
• Public access folder for any employee in H status that includes the prevailing wage information and benefits package.
• A copy of the signed Labor Condition Application for all locations the H employee works.
• I-9 Forms for active and termed employees required to be retained.
• Payroll records.
• Business information such as EIN#, owners names, other locations, number of H visa employees.
• Audit files for any employee for whom resident alien status application has been made.
Best practice is to assemble a file containing this information, so that it is all in one place and easily accessible in the event of an audit.
If you need help getting this documentation in order, we can help. If USCIS or ICE shows up at your door, call us. We specialize in I-9 compliance policies and H visa public access folders and training for HR staff. If you have multiple locations and a large number of employees with several people being involved in the I-9 process, give us a call to review your compliance. We’ll help you establish best practices to help you ace your I-9 or H-1B audit. It’s what we do!
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.
Employment Authorization Docs Get Makeover
October 28th, 2011 § 3 Comments
That U.S. Citizenship and Immigration Service form you’re holding?
It’s so last year.
The U.S. Citizenship and Immigration Service (USCIS) has announced that redesigned Employment Authorization Documents are now being issued. The redesigned cards contain several security enhancing features, include a new holographic image, a laser-engraved tamper resistant photograph and a laser-engraved fingerprint.
For I-9 related purposes, the redesigned employment authorization cards are acceptable List A, Number 4 documents (Form I-766). Employers will also be happy to know that the card number on the redesigned card is listed on the front of the card. Employers should record the card number as the document number within List A on the I-9 Form.
USCIS simultaneously announced that redesigned Certificates of Citizenship are also being issued. Although the Certificates of Citizenship are now more secure, the certificates are still not acceptable to complete the I-9 Form. The Certificate of U.S. Citizenship was removed from the list of acceptable documents as of November 7, 2007.
USCIS anticipates that more than 1 million people will receive the new documents over the next year.
If you have any questions about these new documents, please email GoffWilson or call our office in Concord, NH: 603.228.1277 or 1.800.717.VISA.
John Wilson Talks Diversity at State HR Conference
October 27th, 2011 § Leave a Comment
On October 25, the HR State Council of New Hampshire held its annual State Council Leadership Conference at Northeast Delta Dental in Concord, NH. The conference was very well attended, with approximately 75 participants. GoffWilson partner John Wilson was in attendance and teamed with nationally recognized speaker and business coach Terry Traut to discuss diversity in the workplace.
Many engaging HR-related topics were covered by speakers and workshops, including strategic organization during the recession, a legal update covering labor issues, and diversity initiatives for higher education in NH. John Wilson and Terry Traut gave a talk about diversity concerns facing employers and human resources professionals, including flexible workplace, gender and sexual orientation, veterans returning to the workplace, and religion and spirituality. John is a member and diversity director of the NH HR State Council. The conference was a great, informative day and a perfect opportunity for networking amongst N.H.’s HR community. Thank you to the HR State Council and all the participants.
Did you miss out on this conference? Keep up with upcoming HR Council events by visiting the council’s Web site and stay tuned to the GoffWilson Blawg for more updates about human resources related events and conferences.
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.
H-1B Visa Program: Violations and Consequences
September 14th, 2011 § 1 Comment
Imagine this scenario: You hired some workers with H visa status, but you didn’t check with your immigration attorney before you changed their wages, paid them more than other employees in the same positions, or failed to pay them because you were short on work. And somewhere along the line, one of these employees or a US worker complained. Now you are the subject of a Department of Labor investigation with possible fines and penalties to be paid.
This happened to a public school district in Maryland. To read the full article, please click here. Not only did the district have to pay $100,000 in civil penalties, they had to pay over $4 million in back wages. In addition, they are now barred from using the H visa program for two years.
There are other traps for the unwary in the H visa program, such as failure to notify the immigration service promptly when an H employee leaves your company. Failure can result in liability for wages for the entire remaining period of H status. This happened to a company in California this year.
The current administration has made it clear through statements, policy and actions that they intend to go after the employers who are not following the immigration rules of the road. If you have H-1B employees and you are considering any changes in their employment, call us and let’s discuss what steps you must take to avoid any investigations, penalties, or worse down the road.
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!
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.
Announcing GoffWilson’s Sponsorship of the Hero Award at GSHRC & a Special Gift for Attending bLAWg Readers!
April 25th, 2011 § Leave a Comment
GoffWilson is proud to announce their sponsorship of the Hero Award at the Granite State Human Resource Conference (GSHRC) on Tuesday, May 3, 2011.
The Hero Award is awarded each year to just one Granite State HR Hero who takes pride in advancing the HR profession and devotes valuable time to volunteering in their community. As a immigration firm deeply committed to human resource education and training, GoffWilson is honored to be the 2011 sponsor:
“Having first hand knowledge of the challenges facing HR professionals, we are honored to celebrate the stellar performance of an outstanding HR professional in New Hampshire,” says Attorney John Wilson, President of GoffWilson.
The 2010 winner, Laurie Glaude, PHR will present the 2011 Hero Award at 8:15 a.m. on May 3rd, at the conference.
– A Special Gift for Attending bLAWg Readers! –
Are you attending GSHRC? GoffWilson has a special gift for blog readers who are attending this year! Just fill out your name and email, let us know you’ll be there, and we’ll have your special gift waiting for you at our table. We can’t wait to see you.
