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.

Click on the image to print the I-9 Retention Worksheet

Retention of your employees’ From I-9 is required and must be maintained for compliance purposes.  However, purging unneeded I-9s may avoid liability.  You must abide by the following retention rule:

All current employees hired after November 6, 1986, must have I-9 Forms on file with the employer. An employer must retain the I-9 Form for each employee either three years after the date of hire or one year after the employee’s last date of employment, whichever is later.

For people who completely understand this, read no further, close this window, you’re all set!

For the 99.9% of us who find this rule a bit confusing, GoffWilson has created the I-9 Retention Worksheet: a FREE, simple, one page worksheet that assists you in calculating the retention date for an I-9 Form. With three simple steps, you will have the ability to accurately calculate the retention date for your I-9 Forms. When an employee separates, the worksheet should be completed and attached directly to the I-9 Form.

Download the I-9 Retention Worksheet. Copy it. Share it. Our goal is to assist you in your continued diligence regarding I-9 compliance. For questions regarding I-9 Compliance, I-9 audits, DIGITAL I-9 Services, or I-9 Retention, please contact us. We welcome your inquiry.

The event was fully-booked and sold-out by HR Professionals and business owners looking to deepen their knowledge and understanding of the I-9 Form. Participants arrived early Friday morning at Delta Dental Auditorium and were treated to a delicious breakfast to get energized for the day.

Melissa Registers Participants

A delicious breakfast

Attorney Jim Reidy, of Sheehan, Phinney, Bass + Green, P.A., kicked-off the seminar by providing participants with an informative Labor Law Legal Update.

Attorney Jim Reidy kicked-off the day

Attorney John Wilson and Attorney Grace Miller of GoffWilson, P.A. led the seminar. Participants learned how Immigration and Customs Enforcement (ICE) targets illegal immigration by focusing on U.S. employers. ICE uses the I-9 Form and hiring records to target employers that do not comply with employment eligibility verification laws. Form I-9 errors can result in fines that range from $110 to $1,100.

Attorney Grace Miller & Attorney John Wilson explain how ICE targets illegal immigration

Attorney Wilson and Attorney Miller taught participants how to complete the I-9 Form properly and completely, discussed the most common errors that can result in ICE scrutiny and fines, reviewed acceptable verification documents, and covered the most up-to-date legal requirements that employers must abide by.

Attorney Miller teaches participant how to properly complete the I-9 Form

Attorney Wilson teaches participants how to properly document a U.S. Driver's License and a Birth Certificate

After 3 hours of intense I-9 training, participants received certificates for HRCI credit from the Human Resource Certification Institue. Nancy Valpey from the NH Liquor Commission was the lucky winner of the beautiful flower arrangement at the registration table.

Participants received 3 hours of HRCI recertification credit

Enter to win the flowers...

And the lucky winner is: Nancy!

Special thanks to the staff at Delta Dental for providing the space and resources to make the day a success, and to Attorney Jim Reidy for contributing his time and information.

Thank You Delta Dental

We look forward to seeing you at future seminars.

- The GoffWilson I-9 Team

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.

Immigration advocates march on Washington, 3.21.10. Photo Credit: Luke Sharrett/The New York Times.

• Two hundred thousand immigrant advocates marched on Washington on March 21, 2010, calling on President Obama to deliver on his campaign promise of immigration reform and persuade Congress to take up the issue.
• According to a news report on NPR, the marchers called on lawmakers to pass legislation that would improve the treatment of detained immigrants, allow a guest-worker program and create a pathway to citizenship for millions of undocumented workers.
• According to CNN.com article, President Obama addressed the crowd via a videotaped message displayed on huge screens and said he would do “everything in my power” to get a bipartisan deal within the year.

Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC)

Senator Schumer and Senator Graham published an opinion article in the Washington Post on Friday, March 19, 2010, which outlined their proposal for immigration reform:

• “Our plan has four pillars: requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.”
• The Senators concluded their article by saying, “The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms.”

Photo Credit: Alex Wong / Getty Images for Meet the Press

According to CNN.com article, published on March 22, 2010, Obama called the senators’ plans promising and said it should be the basis for moving forward. He called on Congress to act on that plan at the earliest possible opportunity.
Senator Schumer and Senator Graham appeared together on Meet The Press, March 28, 2010, where they discussed immigration reform.

• Senator Graham reminded the audience that immigration reform will be a difficult task to undertake, “Immigration is tough, you don’t have to ask anyone other than me to tell you that. It is a tough heavy lift.”
• Senator Schumer pushed for reform, “The system is broken, it lets the wrong people in, excludes the wrong people and so we need to fix it. I would urge that try to get this done because its so important for America.”

President Obama

According to President Obama’s website, his blueprint for immigration reform contains three points:

During his campaign, Obama listed immigration reform as a first-year priority. Some say healthcare reform has overshadowed any endeavors towards immigration reform.

1. Barack Obama will secure our borders: Obama and Biden want topreserve the integrity of our borders. They support additional personnel, infrastructure, and technology on the border and at our ports of entry.
2. Improve our immigration system: Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.
3. Bring people out of the shadows: Obama and Biden support a system that requires undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens.

As the topic of Immigration reform continues to gain momentum and as new information emerges, GoffWilson is committed to keeping bLAWg readers updated on this issue.

It's that time of the year again. As the clock ticks down, the filing date for the H-1B Visa - April 1, 2010 - is approaching quickly.

No, it’s not an April Fool’s Day joke. The 2010 H-1B Visa filing date is approaching quickly: April 1, 2010. With only 65,000 available, the H-1B Visa is the most sought-after visa, and sponsoring employers should act immediately.

The H-1B Visa:

• A non-immigrant visa that allow U.S. employers to temporarily employ foreign workers in “specialty occupations”.
• The “specialty occupation” requires theoretical and practical application of highly specialized knowledge and attainment of at least a bachelor’s degree (or the foreign equivalent) and state licensure (if required to practice).
• For an employer’s petition (sponsorship) of an H-1B nonimmigrant to be approved, the specialty worker’s credentials must match the needs of the position to be filled within the specialty occupation.
• According to immigration laws, the earliest possible date that an employer may file an H-1B petition for the next fiscal year’s cap is April 1, for an October 1 employment start date.

Read more about the H-1B Visa.

Obtaining an H-1B Visa has become increasingly difficult, and planning a well-timed filing is essential. Employers in quest of petitioning foreign workers for H-1Bs should seek professional assistance from an experienced law firm.

GoffWilson has been assisting immigrants and employers for 30 years. We welcome your inquiries pertaining to H-1B Visas or any other immigration matter. Click here to contact GoffWilson, or call 603.228.1277.

The H-1(B) Visa. Only 65,000 will be released October 1st, 2010. The time to file, April 1st, 2010 is approaching quickly.

The H1B Teleconference, presented by Attorney John Wilson of GoffWilson, P.A., will address the many aspects of filing the H-1(B) visa including challenges, and tips for successful visa approval. Following the discussion, Attorney Wilson will take questions from participants. Register online.

Topics Include:

• 2010 H1-(B) Visa Cap
• OPT to H1-(B), gap coverage, and STEM
• New problems & issues for certain industries (prevailing wage changes, licensing problems, limitations on contract employees, who pays the fees, stricter scrutiny of documents, etc)
• Frequent Site visits by the Department of Homeland Security and Immigration & Customs Enforcement
• H1(B) extensions

Date & Time:
Thursday, February 18th, 2010
2:00 p.m. – 2:30 p.m.    Presentation by Attorney Wilson
2:30 p.m. – 2:45 p.m.    Participant Q&A

Registration:
Please register online by Wednesday, February 17th. You will receive a call-in number and access code upon registration. Registration is free to the first 100 participants.

• 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.