SAN DIEGO — President Obama recently reignited the immigration debate when he told reporters that congressional leaders of both parties were ready to “actively get something done and not put it off until a year, two years, three years, five years from now, but to start working on this thing right now.”

In the months ahead, keep an eye on two things: the calendar and the issue of guest workers.

The calendar: “Right now” might not be soon enough. The conventional wisdom is that the longer Obama waits, the harder it will be to pass any immigration reform legislation. One immigration activist I spoke with even had a deadline in mind: March 2010. Congress has to discuss the bill this fall, he said, and pass it no later than next spring. His thinking — and that of many others — is that the 2010 midterm elections might cut into the Democratic majority in Congress, and then the chance for immigration reform could slip away.

We link to The Washington Post article.

For those of you who did not participate in our July 29th audio conference, we link to an MP3 recording of this very informative event.

Guest Speakers:  Thomas J. Joy, Supervising Attorney, Immigration Solutions Business Unit and Employer Compliance Division

Dan Siciliano, Co-Founder LawLogix, I-9 and E-Verify Electronic Compliance Systems

At a recent conference, Bill Gates shared his ideas about US immigration policy, noting that there should be more “exceptions for smart people.” While not the most eloquently phrased statement, it does pose an interesting question in the immigration reform debate.  Are we turning away skilled workers?  Or are they leaving on their own, thanks to a complicated and unfriendly system of paperwork and jumping through hoops that are never ending?  We link to the article

…Considering I-9 electronic reporting and tracking?  Then join us on 7/29/09 for a free audio conference with one of the leading I-9 electronic storage providers and Inc.500 winner, along with a member of our Employer Compliance team.

For the Event Announcement:  http://www.docstoc.com/docs/8780911/i-9-Event-Announcement
Tor RSVP:  info@immigrationsolution.net

We look forward to meeting up with you!

We link to this for your reference. The American Immigration Lawyer’s Association (AILA) is requesting that certain provisions in the handbook be clarified or corrected.

And want to remind you of our Audio Conference on July 29th concerning electronic maintenance of I-9s and how to defend yourself in an Audit.

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.

1. I-9 Form
2. USCIS Employer Handbook
3. E-Verify

DHS announced today that it supports the FAR E-Verify regulation for federal contractors to enroll in E-Verify as of 9/8/09.  This means that most federal contractors and subcontractors will be required to enroll in E-Verify.  Secretary Napolitano also announced DHS’ intention to rescind the Social Security No-Match regulation that would have sent “no-match” letters to 140,000 US employers.  The notices would have warned companies to resolve discrepancies or fire workers within 90 days or face criminal charges.

For more on this

Every organization needs to conduct an annual I-9 audit through a qualified USCIS immigration attorney.  Contact Immigration Solutions today for you I-9 needs and do a “pre-audit” audit before ICE knocks on your door.

http://www.docstoc.com/docs/8232170/Krispy-Kreme-Fined-40K

ICE (Immigration and Customs Enforcement) is launching a bold, new audit initiative by issuing Notice of Inspections (NOI’s) to 652 businesses nationwide – which is more than ICE issued throughout all of last year.  The notices alert business owners that ICE will be inspecting their hiring records (I-9s) to determine whether or not they are complying with employment eligibility verification laws and regs.

ICE stated in a July 1st News Release, “Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the US.  This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual”.

Contact Immigration Solutions for guidance on I-9 audits, transitioning to electronic storage, E-Verify training and procedures.  Now is the time to get your I-9 and employer compliance program in order. We have an experienced, excellent team to assist you.

We link to the ICE News Release

USCIS Handbook for Employers

News on Canadian Immigration, I-9s, Employer Compliance, H-1Bs and more.  Subscribe to our free newsletter and stay informed concerning the immigration issues of the day.

We link to our July news.