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.

According to an ICE press release, the illegal workers hired by Perkins were not asked to provide documents that verified immigration status or lawful right to work in the United States.

“We will hold employers accountable for their actions,” said Gary Hartwig, special agent in charge of ICE HSI in Chicago. “Mr. Perkins knowingly hired an illegal workforce and circumvented our nation’s immigration laws for financial gain.”

To read the full press release from Immigration and Customs Enforcement, click here.

M-274 Handbook for Employers - Save it to your desktop and keep it handy.

The most recent version of the M-274 Handbook for Employers was updated on 1/5/11. M-274 Handbook for Employers is a must-have resource, prepared by U.S. Citizenship and Immigration Services, and covers all things I-9. Below is an outline from the Handbook’s table of contents. M-274 Handbook for Employers covers:

• Obtaining Form I-9 and the M-274
• Why Employers Must Verify Employment Authorization and Identity of New Employees
• Completing the Form I-9
• Photocopying and Retaining Form I-9
• Unlawful Discrimination and Penalties for Prohibited Practices
• Instructions for Recruiters and Referrers for a Fee
• E-Verify
• Questions about the I-9 Form
• Acceptable Document for Verifying Employment Authorization and Identity

Download M-274 Handbook for Employers – you will always find a link to the most recent version on the left-hand side of The Immigration bLAWg, under links. Save it to your desktop for quick reference, or print the document, but, keep it close by. The M-274 Handbook for Employers, along with advanced I-9 and E-Verify training is significant step for achieving compliance.

If you have questions regarding M-274 Handbook, please email or call GoffWilson: info@goffwilson.com, 603.228.1277.

Clothing retailer, Abercrombie & Fitch is not immune from ICE. A $1,047,110 fine settlement was imposed in September.

Employers are being targeted nationwide for immigration audits by Immigration Customs Enforcement (ICE). Since 2009, the strategy employed by ICE to reduce the number of illegal immigrants to the U.S. is to focus on employers. ICE has imposed a record number of civil and criminal penalties against employers who violate immigration laws. In FY 2010, ICE conducted more than 2,200 I-9 audits — up from a little more than 1,400 in FY 2009.

Employers can be fined up to $1,100 for each illegal employee, even if the employer is unknowingly hiring an undocumented worker. An alarming example of this – the clothing retailer, Abercrombie & Fitch recently incurred a $1,047,110 fine settlement for violations stemming from a November 2008 Form I-9 inspection of retails stores in Michigan. According to an ICE press release, “The audit uncovered numerous technology-related deficiencies in Abercrombie & Fitch’s electronic I-9 verification system. …no instances of the knowing hire of unauthorized aliens were discovered.”

There is no sign of concession as U.S. Immigration and Customs Enforcement continues to target U.S. employers in an effort to control illegal immigration. Employers must be well-informed of their responsibilities and carefully execute internal systems used to manage the employment process. The I-9 Form is a crucial component.

Unfortunately, as ICE imposes a record number of raids, training for employers is lacking. As a response, GoffWilson has created the comprehensive training seminar, “Form I-9 and E-Verify: What You Need To Know.” GoffWilson also provides I-9 Audits for employers concerned with the state of their I-9 Forms, and training for employees who manage the employment process.

If your company receives a legal notification from ICE, you have typically have three business days to respond. Contact GoffWilson immediately.

Knowledge is power in the changing landscape of federal immigration enforcement.

GoffWilson, an immigration law firm with offices in New Hampshire and abroad, announces an encore presentation of the winning seminar for Employers and Human Resource Professionals, “Form I-9 & E-Verify: What You Need To Know 2010”. Back by popular demand for the third time, the training workshop will take place on Thursday, November 18, 2010 from 8:00 a.m. to 11:30 p.m. at Delta Dental Auditorium in Concord, NH.

Participants earn three Human Resource Certification Institute (HRCI) continuing education credit hours for completing the training.

Reporting and compliance oversights can prompt scrutiny of the most well-intentioned businesses. Under the new administration, worksite enforcement policies have shifted liability away from the undocumented workers and to the employer. Has your company implemented the most up-to-date requirements? Immigration and Customs Enforcement (ICE) now has the financial resources to investigate and develop cases against U.S. employers for crimes such as money laundering, tax evasion, wage and hour violations, and RICO crimes. Even errors unrelated to immigration or foreign workers can result in $110 to $1,100 for a minor violation.

With increased scrutiny on U.S. employers, knowledge is power, and it is critical that businesses are aware of their responsibilities, even if they do not employ foreign workers. The seminar, “Form I-9 & Employment Verification: What You Need to Know 2010,” led by Attorney John Wilson, and the GoffWilson I-9 Team, focuses on:

• Completing the I-9 Form properly and completely
• The most common errors that can result in ICE scrutiny and fines
• Review of acceptable verification documents and the information they contain
• Up-to-date legal requirements that employers must abide by for Form I-9 and E-Verify

Participants will receive the 2010 version of the GoffWilson I-9 manual. This take-home training manual contains exercises completed during training, examples of correctly completed I-9 Forms, copies of the accompanying identification documents (i.e. Driver’s License, Social Security Card, U.S. Passport, Greencard), and frequently asked questions for future reference.

“Homeland security is focusing on the employer and pursing criminal and civil enforcement against employers who are non-compliant,” Attorney John Wilson, stated, “The best way for Employers and Human Resource professionals to be proactive regarding their responsibilities is to understand and comply with the law.” During the seminar, participants will do just that. They are given hands-on exercises with guidance from the GoffWilson I-9 Team to put education into practice. At the end of seminar, participants will take-home a completed workbook with numerous examples that they completed and corrected in class.
The registration fee for the seminar is $95, which includes intensive Form I-9 training, the 2010 version of the GoffWilson I-9 manual, breakfast, and 3 hours of HRCI credit. Early registration is recommended as space is limited. For more information or to register for this seminar visit www.goffwilson.com or contact GoffWilson at (603) 228-1277, info@goffwilson.com.

The Buzz from the 2009 & 2010 Seminars

• Excellent training – engaging, timely and comprehensive. – June 2010 Participant
• Before the seminar I thought how difficult can it be to complete an I-9 Form? Boy, was I wrong! The training was very informative. I found the workbook and actually completing some of the I-9’s very helpful! – June 2010 Participant
• The hands-on approach and the style in which the information was presented was very good. The workbook is a great reference tool.” – June 2010 Participant
• Training materials were exceptional!! – June 2010 Participant
• I thought the training and trainers were fantastic! Way more than I expected! – March 2009 Participant
• Excellent workshop where I highly recommend anyone who works in hiring procedures attend! You will not be disappointed! – March 2009 Participant
• Overall, I walked away with a Oh Wow feeling! – March 2009 Participant

Important Links

Seminar Webpage |  Seminar  Flyer | June 2010 Seminar |  Online Registration |  Paper Registration

About GoffWilson, P.A. and Attorney John Wilson

GoffWilson, has been assisting employers with immigration law in the global market place for more than twenty-five years. GoffWilson serves a wide variety of multinational companies in various sectors including energy, finance, healthcare, engineering and technology while providing clients with individualized service and a global reach. The sole focus of the Firm is Immigration Law. GoffWilson assists companies in establishing the systems and procedures needed to ensure compliance with the nation’s Form I-9 Verification System, and protect their interests if targeted for a workplace enforcement action.
Attorney John R. Wilson, President of GoffWilson, has led educational trainings for over fifteen years, and has conducted hundreds of HR-related training events. Wilson is a frequent writer and lecturer on immigration law in front of national and area Human Resources Associations and various business groups including Society for Human Resource Management (SHRM).

President Obama Delivers Immigration Speech at American University

Today President Obama gave his first speech directly addressing the topic of Immigration Reform.

Although the President did not outline specific details for moving forward with Immigration Reform, he did emphasize the need and importance of reform. In his speech, President Obama acknowledged the issue as “thorny and emotional,” while stressing his belief that the system is broken.

President Obama said that the U.S. is implementing and improving the system that gives employers the ability to verify their employees‘ immigration status, although he did not provide specific details. He added that businesses who employ illegal immigrants will be held responsible:

“Businesses must be held accountable if they break the law by deliberately hiring and exploiting undocumented workers. We’ve already begun to step up enforcement against the worst workplace offenders. And we’re implementing and improving a system to give employers a reliable way to verify that their employees are here legally. But we need to do more. We cannot continue just to look the other way as a significant portion of our economy operates outside the law.”

For a through overview of President Obama’s speech, visit this article by USA Today. For a complete transcript of his speech, visit the White House website.

As news emerges on this important topic, GoffWilson will keep readers of The Immigration bLAWg updated.

Aerial photo of Can Do It, Inc., 801 Golf Lane, Bensenville, Illinois

Last week the president and office manager of two staffing companies operating from the same business location were charged with hiring undocumented employees. Clinton Roy Perkins, the president, and Christopher Reindl, the manager, operate two staffing companies, Anna II, Inc and Can Do It, Inc., from 801 Golf Lane, Bensenville, Illinois. The indictment alleges that both men hired more than ten employees with actual knowledge that the individuals were undocumented and had been brought into the United States in violation of the law.

Gary Hartwig, special agent in charge of the ICE office of Investigation in Chicago, stated, “ICE is committed to ensuring that employers are held accountable for maintaining a legal workforce. The goal of our enforcement effort is two-fold – reduce the demand for illegal employment, and protect job opportunities for the nation’s lawful workforce.”

If convicted, the indictment seeks forfeiture of both business and personal assets. In addition, hiring undocumented workers carries a maximum penalty of five years in prison and a $250,000 fine for each count.

This indictment is consistent with the stated policy of the Obama administration: enforce the laws that prohibit U.S. employers from hiring undocumented workers to eliminate the demand of illegal immigration.

Since the focus of the worksite enforcement investigations has shifted to the employer, employers should verify that their I-9 forms are being properly completed and retained.

Navigating the rough seas of immigration law demands that companies wear life preservers for safety.  GoffWilson announces an encore performance of last year’s winning seminar for Employers and Human Resource Professionals, “Form I-9 & E-Verify: What You Need To Know 2010”.  Back by popular demand, the training workshop will take place on Friday, June 4, 2010 from 8:00 a.m. to 11:30 p.m. at Delta Dental Auditorium in Concord, NH. Participants earn three Human Resource Certification Institute (HRCI) continuing education credit hours for completing the training.

Reporting and compliance oversights can prompt scrutiny of the most well-intentioned businesses.  Under the new administration, worksite enforcement policies have shifted liability away from the undocumented workers and to the employer.  Has your company implemented the most up-to-date requirements?  Immigration and Customs Enforcement (ICE) now has the financial resources to investigate and develop cases against U.S. employers for crimes such as money laundering, tax evasion, wage and hour violations, and RICO crimes. Even errors unrelated to immigration or foreign workers can result in $110 to $1,100 for a minor violation.

With increased scrutiny on U.S. employers, it is critical that businesses are aware of their responsibilities, even if they do not employ foreign workers. The seminar, “Form I-9 & Employment Verification: What You Need to Know 2010,” led by Attorney John Wilson, and the GoffWilson I-9 Team, focuses on:

• Completing the I-9 Form properly and completely
• The most common errors that can result in ICE scrutiny and fines
• Review of acceptable verification documents and the information they contain
• The most up-to-date legal requirements that employers must abide by for the I-9 Form and E-Verify

“Homeland security is focusing on the employer and pursing criminal and civil enforcement against employers who are non-compliant,” Attorney John Wilson, stated, “The best way for Employers and Human Resource professionals to be proactive regarding their responsibilities is to understand and comply with the law.” During the seminar, participants will do just that. They are given hands-on exercises with guidance from the GoffWilson I-9 Team to put education into practice. At the end of seminar, participants will take-home a completed workbook with numerous examples that they completed and corrected in class.

The registration fee for the seminar is $95, which includes intensive Form I-9 training, the 2010 version of the GoffWilson I-9 manual, breakfast, and 3 hours of HRCI credit. Early registration is recommended as space is limited. For more information or to register for this seminar visit www.goffwilson.com or contact GoffWilson at (603) 228-1277 | registration@GoffWilson.com.

Seminar Webpage and Registration

The Buzz from the 2009 Seminar

“I thought the training and trainers were fantastic! Way more than I expected!”  – I-9 Seminar Participant, 2009

“Excellent workshop where I highly recommend anyone who works in hiring procedures attend! You will not be disappointed!” – I-9 Seminar Participant, 2009

“Overall, I walked away with a Oh Wow feeling!” – I-9 Seminar Participant, 2009

“I found the training very helpful and was very happy with the techniques used because it gave us the opportunity to actually apply the information we had just learned.  I also appreciated the information given regarding refugee documentation, foreign passports, etc. because I never feel comfortable auditing I-9′s for these types of employees because I never really knew what to be looking for. I now feel more confident in this area.”  – I-9 Seminar Participant, 2009

“Thank you and everyone who helped to make this seminar really one of the best as far as providing a lot of information in a short period of time.  We needed every minute and yet it was not too long. The workbook will come in handy. “ – I-9 Seminar Participant, 200

Michel Malecot, Owner The French Gourmet

On April 21, 2010, a sixteen count indictment was unsealed that alleges the owner, manager, and The French Gourmet, a San Diego bakery, knowingly employed undocumented workers. Michel Malecot, the owner of the bakery, and Richard Kauffmann, a manager, are charged with twelve felony counts of making false statements and shielding undocumented employees from detection. If convicted, they face a maximum of five years in prison for each count, a $250,000 fine for each count, and three years of supervised release. The indictment is also seeking criminal forfeiture of the company’s proceeds that were gained from the business’ unlawful activities, including the company’s building that is valued at $1.3 million according to county records. Both men entered not guilty pleas and posted bail.

The government has built the case on the no-match letters from the Social Security Administration and records seized by a warrant in May 2008. Social Security no-match letters are issued by the Social Security Administration and notify an employer that the names and numbers of specific employees do not match.

The indictment alleges that, after receiving no-match letters from the Social Security Administration, the managers paid the employees in cash until a new set of documents with different Social Security numbers were provided.

Employers should seek legal advice if they have received Social Security no-match letters in the past. This indictment shows that employers are still being held accountable for the information contained in the no-match letters.

• Original I-9 forms and copies of supporting documents
• Employee roster or payroll
• Monthly payroll reports
• Copies of State Wage Detail Reports and Unemployment Insurance Quarterly Tax Reports
• Copies of Quarterly Tax Statements
• Independent Contactor Rosters including dates of hire and termination
• Copies of Tax Form 1099 for all independent contractors
• Lists of all individuals employed on a sporadic, irregular or intermittent basis and not deemed to be an employee
• Copies of Social Security Administration Employer Correction Requests
• Copies of petitions filed with the Immigration Service on behalf of employees
• Copies of the business’s articles of incorporation, business license and annual reports
• Employer Identification Number (EIC) and Taxpayer Identification Number (TIN) documentation
• Copies of all company procedures and/or policies regarding Form I-9 preparation

Employers are also being asked to provide information about use of temporary staffing agencies, participation in E-Verify, and any previous I-9 inspections by the Department of Labor. Employers typically have less than a week to gather, prepare and present all of these items.

If your company receives a Notice of Inspection with or without a subpoena you must act immediately. Contact us, we can help.

If you’d like help getting your files, Form I-9s and policies in place before there is a knock at the door, we can help with that too.