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.

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.

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.

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.

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.

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!

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.

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.

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:

1. Unexpired foreign passport;
2. Form I-94/I-94A; and
3. 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!

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.