For Immediate Release
July
10, 2009
By Thomas J. Joy
Supervising Attorney, Business Unit
Employers need to be aware of and deal appropriately with
two recent developments in Washington DC. First, the Obama administration in one day
notified 652 employers that the government would be auditing their I-9
forms. In addition, the politicians,
despite serious defects in the Social Security database, are proposing that all
employees who are the subject of a Social Security No-Match letter be fired if
they can not correct the issue.
We wish
to provide you with some preventive measures designed to help you avoid the
serious consequences of these recent government actions.
::: Most
important, retain experienced immigration legal counsel to do an informal
audit of your company's I-9 forms BEFORE the government knocks on your
door. Many issues and errors can be
spotted and remedied by this approach.
::: Big mistake to have your I-9's
signed on behalf of the company by employees that have not received proper
training and do not have authorization.
This will pretty much guarantee mistakes and is not a good practice.
::: Read
and use the USCIS Handbook for Employers for I-9 compliance. This is one of the tools that we as attorneys
use in advising our clients. We provide
the link below.
::: Special
attention needs to be focused on Sections 1 and 2 of the I-9 form. While Section 1 is filled out by your
employee, the employer suffers the consequences (fines, etc.) if not done
properly. Section 2 involves the
documents that must be submitted by the employee and viewed by the employer
regarding identification and employment authorization. It is
best to make copies of documents recorded in Section 2. Practice shows that copies of these documents
are the best way to prove that the I-9 Administrator actually reviewed them and
that they meet the reasonable "good faith effort" standard. Discrimination issues arise if not done
properly.
::: Separate
I-9 forms from personnel files. Keep
terminated employee I-9 forms in a separate binder for the required time and
purge when the time has expired.
::: Develop
a reminder system to update the I-9 if the employee has submitted temporary
employment authorization.
By simply following these simple suggestions, the serious
consequences of I-9 audits can be avoided.
Links:
I-9 Form
Employer Handbook
E-verify
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Please note
Employer Compliance
Audio Conference
Wednesday July 29,
2009 | 11:00 am PDT
Agenda and Details to Follow
Mark your Calendars
Sign up now. We will have limited space on this call
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In closing --
To
effectively deal with I-9 issues and avoid the very severe consequences
for
non-compliance, employers must take the time to develop a strategy and
be
prepared in advance with an Immigration Compliance Program. Immigration
Solutions has created a package of services and solutions to assist you
with
your compliance procedures that can be tailored to your business and
specific
needs.
For more information see our package of services and solutions We'll be glad to schedule an initial
consultation with a licensed attorney who specializes in compliance
issues, 562
612.3996 or info@immigrationsolution.net.
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