By:  Timothy Sutton, Communications Editor

Swiss based Nestle has discovered “numerous” violations of its internal work rules as a result of internal auditing aimed at combatting child labor. The manufacturer of Kit-Kat bars reported that four-fifths of its cocoa comes from unmonitored labor channels. The Fair Labor Association is insisting Nestle implement higher supply chain standards moving forward. The cocoa industry is fraught with child labor issues, with child worker rates reaching upwards of 89% in the Ivory Coast. Unfortunately this far-reaching problem will not be solved overnight, “The complexity of child labor in the cocoa supply chain means solving the problem will take years,” Nestle said.

As a result of Nestle’s voluntary audit, the company has avoided penalties thus far. However, their involvement in child labor comes at a price. The company is now committed to altering supply chain practices and will invest heavily in future monitoring services.

While most American businesses can rest assured they are not supporting the underground child-labor industry, Nestle’s efforts to self-assess and reform should be applauded. Domestic and international companies will benefit greatly from routine internal audits that track workforce compliance. USCIS and ICE encourage employers to frequently perform internal audits of their Form I-9 practices. In fact, records of regular auditing of your workforce may help you avoid hefty civil penalties in the event of an official government audit. The next time you “break off a piece of that Kit-Kat bar,” consider following Nestle’s example of self-auditing and contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.

Other resources:

• Our Employer Resource Center:  www.I-9Audits.com
• Our Employer Compliance LinkedIn Group
• Our Compliance Services and Solutions

By:  Timothy Sutton, Communications Editor

In an effort to assist participating employers comply with the user requirements of E-Verify and to help improve participants’ overall use of the program, USCIS issued two self-assessment guides in June. Both guides are substantively similar, but are procedurally designed to assist two sets of users, either web-access or direct access users. Voluntary E-Verify participants will benefit from this recent assistance publication by following the eight-part checklist provided therein.

The self-assessment checklist covers, post-enrollment activities, creation of cases, photo matching, tentative nonconfirmation, DHS referral, SSA referral, final case resolution, and final case closure statements. USCIS touts E-Verify as an easy-to-use online tool, but warns, “Employers may be subject to legal action for some types of E-Verify misuse.” The self-assessment guide highlights below may surprise current E-Verify users who may unwittingly be noncompliant:

Monitored Activities Common Mistakes:

• Duplicate cases for same employee
• Verifying employees hired before 11/7/86
• Immediately terminating employee who receive a tentative nonconfirmation (TNC)
• Failing to create a case by the third day after employee started work for pay
• Creating cases for employees hired before E-Verify participant enrollment

Post-Enrollment Activities: Do web services comply with interface control agreements?

Creation of Cases: Is all personally identifiable information safeguarded at all times, with only minimal information retained?

Photo Matching: Are document photos matched to the photo on E-Verify rather than to the employee?

Tentative Nonconfirmation: Do case closure statements notify DHS if an employee who receives a TNC chooses not to contest is not terminated?

DHS & SSA Referral: Do E-Verify participants and employees both sign the English-language version of the referral letter?

Final Case Resolution: Upon receipt of a “DHS No Show” message, does the employee contact DHS within the required time?

Final Case Closure: Does the user file completed Form I-9 and all attachments in a secured location?

Although the self-assessment is a valuable tool to assist employers with E-Verify compliance, the checklists do not render a company audit proof. For assistance implementing best practices for E-Verify and other immigration related topics contact one of our immigration professionals.

Want to stay informed:?  Check out our I-9 Employer Resource Center and join our LinkedIn Group

By:  Timothy Sutton, Communications Editor

Former Secretary of State Condoleezza Rice was a keynote speaker at the 2012 Society for Human Resource Management Strategy Conference in Atlanta, Georgia. Rice addressed the conference on the issue of immigration reform and the future of our nation. In her speech, Rice endorsed economically unbiased immigration reform:  “It doesn’t matter where you came from, it matters where you’re going. And that belief has led people to come here for generations from across the world, just to be a part of that. And frankly, it hasn’t mattered whether it was Sergei Brin whose parents brought him here at 7 years old from Russia and he founds Google, or the guy who came to make five dollars and fifty cents. 

They are the same ambitious, risk taking people and America has been able to gather them and I do not know when immigrants became the enemy…But of course it is not just those who come here, but those who are here who happen to believe also that it doesn’t matter where you came from, it matters where you are going.”

Although she has stepped out of politics to teach at Stanford, Rice has been widely rumored as a front-runner for Mitt Romney’s presidential running mate. Her life story embodies the American Dream:  “Americans are not united by blood or ethnicity or religion or nationality. We are united by a creed. You can come from humble circumstances and you can do great things. And if that’s ever not true, then this society will rip itself apart. And then, a little girl grows up in Birmingham, Alabama, where her parents can’t take her to the movie theater or restaurant or the hospital, where she won’t have a white classmate until her parents take her to Denver.

 And yet even though she couldn’t have a hamburger at the Woolworth’s lunch counter, her parents had her convinced she could be the president of the United States if she wanted to be and she became the Secretary of State.

 Sometimes, oftentimes, what seems impossible seems inevitable in retrospect. And on that basis, we will continue to repair and to lead, and the world will move more and more towards prosperity and dignity and freedom.”

Wrapping up her keynote to hundreds of HR professionals from around the nation, Rice reiterated her unwavering faith in America as a global leader saying, “So I remain optimistic about our future, and I believe that it will be led by the most generous and most compassionate nation on earth, and that country is called the United States of America.”

Recognizing the tremendous potential and opportunity of America is the first step to reinvigorating our economy and future. Despite the persistence of mass media’s doom-and-gloom economic outlook, there is unwavering hope within US immigrant populations. If your company employs or plans to employ, immigrant or foreign workers, contact us for more information on how to successfully build upon your workforce prosperity.

By: Timothy Sutton, Communications Editor

One of my favorite television shows is Undercover Boss. If you’re unfamiliar with the show, the premise is: a CEO/President takes on a disguise to go undercover within their own business to find ways to (1) become more successful and (2) reward hardworking employees. Obviously, there is an essential element of Hollywood magic that prevents most of us from going “undercover” within our own business; but the lessons learned from this show are no less valuable.

Every episode begins with a slightly troubled, but optimistic executive. They instruct their trusted board of directors that they will be resigning from the company to go undercover as an employee over a week’s time in various lower levels of the company, entry-level to management. The goal is to see their business from a fresh perspective. A series of uncomfortable and often illegal encounters ensue where CEOs face discrimination, harassment and even get fired by their own employees. At the end of the hour-long television program, CEOs reward key employees and have “new and improved tools” to develop successful business practices.

There is a better way for your business to experience the same fresh perspective without shaving your head and slapping on a boar’s hair mustache; it’s called an audit. Yes the feared “audit” is most commonly associated with frightful agencies like the IRS and ICE. Yet, Undercover Boss is simply Hollywood’s version of a voluntary audit. In order to become more successful, discovering discrimination, harassment, and wrongful termination within your own business is necessary. The alphabet agencies (ICE, IRS, DOJ, DOL) insist that companies perform annual audits to comply with a multitude of legal formalities. Not only will audits improve business efficiencies and reveal valuable employees, but it will also save your company thousands of dollars for failing a government ICE initiated audit.

The Immigration Compliance Group has years of auditing and consulting experience and a touch of Hollywood magic! Before you invest in your own set of wigs and costumes, contact one of our immigration professionals to discuss I-9 compliance and workforce related issues. Discover how audit prevention and a fresh set of eyes can improve your business.  Contact us for support in planning and implementing legally sound solutions to protect your company’s future:  562 612.3996 | info@immigrationcompliancegroup.com.

Link up with us in our group, I-9/E-Verify:  Smart Solutions for Employers and stay informed:   http://www.linkedin.com/groups?about=&gid=4137860

By:  Timothy Sutton, Communications Editor

California’s governor is poised to sign a bill AB 1081 dubbed “The Anti-Arizona Act,” officially titled: Transparency and Responsibility Using State Tools or California TRUST Act. The bill is an attempt by California legislators to set a national precedent: local government opting-out of enforcing federal immigration policies. This anti-Arizona legislation arguably mirrors the purpose of Arizona’s SB 1070, selective enforcement of federal immigration laws. Without question, immigration laws are under federal jurisdiction. Enforcement of immigration law is not within the discretionary powers of a state or local government. The TRUST Act is an attempt by California to allow local government to back out of an agreement with the Immigration and Customs Enforcement (ICE) Secure Communities program signed in 2008.

Secure Communities requires that police and law enforcement provide the federal government with fingerprints of criminal suspects detained by local authorities. These fingerprints are run through a federal database for dangerous undocumented criminals; upon discovery of any prior criminal record, undocumented detainees will be placed into expedited deportation proceedings. California’s initiative to overrule nationally implemented immigration programs is teetering on a slippery slope.

AB 1081 requires:

• Local governments pass “opt-in” ordinances in order to continue participation in the Secure Communities Program
• Submit “anti-racial profiling” plans to the DOJ and monitoring associated with Secure Communities participation
• The modified participation agreement must include safeguards against racial profiling not limited to:
  • Prohibiting driver’s license checkpoints to obtain fingerprints
  • Establishing an expedited complaint system to review claims prior to removal

Businesses may resent the current administration’s attack on their hiring or employment practices. An unprecedented number of ICE audits, sanctions, civil lawsuits and multi-agency (most recently the SEC) investigations threaten employer’s economic welfare. Nonetheless, allowing states to opt-out of immigration agreements may lead to further complications in the future for American businesses.

While many Americans remain divided on a national Dream Act (deportation stay for undocumented college students), few agree that state enforcement over immigration laws further confuses an already troublesome issue. The solution is to find a nationally supported immigration policy that allows American businesses to thrive, but keeps our borders secure. Critics of AB 1081 believe California will become a “refuge” for undocumented aliens. Currently, our broken immigration system has conflicting policies on employee screening, visa application/renewal, and undocumented criminal deportation. Until the politics of immigration subside, businesses should seek legal assistance to ensure their compliance with ever-changing immigration policies.

Immigration Compliance Group has real-world experience in  business and employment-related immigration and compliance matters, ensuring your company’s future is secure. For more breaking immigration news signup to stay informed and contact our office at 562 612.3996 or email info@immigrationcompliancegroup.com.

Mexico City, June 29, 2012 (as reported on ILW.com)  – Following President Obama’s efforts to promote travel and tourism as important contributions to job creation and economic growth, the U.S. Embassy is pleased to announce that beginning July 1, 2012, an expanded visa renewal program  will allow many more Mexican citizens and residents to renew their nonimmigrant visas without a follow-up interview at the Embassy or a U.S. Consulate.

Currently, most visas that have been expired for 12 months or less may be renewed after the applicant’s appointment at the Applicant Service Center (ASC), in other words, without a second appointment/interview at the U.S. Embassy or Consulate. Under the new program, you can apply for a renewal of your visa if your current visa has expired within 48 months or less of your renewal application.

This expanded interview waiver program will make the visa process even more convenient and improve visa processing times, strengthening ties through travel and trade between the United States and Mexico. Tens of thousands of Mexican travelers should benefit from this expanded program, saving time and money, and allowing more convenient travel to the United States for business and tourism.

Additional details and qualification requirements for the new interview waiver program can be found on the websites of the U.S. Embassy and each U.S Consulate in Mexico, as indicated above. Contact our office should you have any questions regarding the new procedure at info@immigrationcompliancegroup.com or call 562 612.3996.

By: Timothy Sutton, Communications Editor

My grandmother turns ninety-two years old this Fourth of July. Born and raised in Hawaii, she is one of seven daughters of an immigrant Chinese farmer. She grew up speaking Chinese, but raised her children to be American. To her, being American is more than just eating hamburgers instead of Chinese food; it is a love affair with endless possibilities. A bank teller, married to a butcher, my grandmother sacrificed all financial possessions to support her children’s education. The result: a doctor, an engineer, a certified public accountant, and two Ph.Ds.

America is a collection of success stories like my grandmother’s. We are a nation born out of a common struggle to establish a greater good for all. Our history may be shorter than many nations, but our progress is unparalleled.

Our strength and unity have made us a great nation that continues to rapidly progress. Our youth are both bright and ambitious. Over the last ninety-two years, my grandmother has participated in the most amazing experiment of freedom and personal liberty the world has ever known. This Independence Day, while the rockets cascade vibrant red, white, and blue hues across the night sky, another great American will be born; who knows what endless possibilities they may achieve over the next ninety-two years?

By:  Timothy Sutton, Communications Editor

In the USDOJ published decision United States v. Four Seasons Earthworks, ICE made it clear that with respect to form I-9 compliance, late is not any better than never. Four Seasons failed to pass an ICE audit that found incomplete form I-9 List A and List C information. The company asserted they obtained every employee’s social security number and maintained supporting documents (like military IDs and birth certificates) necessary to verify employment eligibility. ICE’s response was terse, “Late production nevertheless does not absolve the respondent from liability.”

Securing qualified employees can be stressful. Once a worthy recruit is hired, employers may be anxious to have the new-hire begin working even before they secure the required documentation to complete the I-9 form. Improper documentation constitutes a violation under the INA. In it’s investigation of Four Seasons Earthworks, the ICE Forensic Auditor calculated penalties based upon the following formula:

 Number of Violations divided by the total number of current & former employees up to inspection date = % of base fine

Additionally, 5% increases for bad-faith or serious violations are tacked on to penalties. The number of undocumented workers, the size of a business, and previous violations are also considerations that increase penalties.

Thankfully, an employer’s good faith attempt to comply with obligations can influence a penalty reduction. ICE views hiring violations on a continuum, recognizing violations vary in severity. If your company finds itself in a similar situation with employees who are not properly documented, hiring immigration compliance professionals may greatly reduce your chances of incurring audit-initiated penalties. Contact us for support in planning and implementing legally sound solutions to protect your company’s future:  562 612.3996 | info@immigrationcompliancegroup.com.

By:  Timothy Sutton, Communications Editor

“Homeland Security Investigations is committed to holding businesses and their managers accountable when they knowingly hire an illegal workforce,” –John Kelleghan, Special Agent in charge of HSI Philadelphia.

Homeland Security, the FBI, and ICE did much more than hold GPX/GPX, USA, a seismic surveying company and their field supervisor, Donald Wiggill, “accountable,” by charging the company with a total maximum fine of $10 million, a probation term of five years on each count, and a special assessment totaling $8,000; Wiggill faces an unconscionable indictment of 100 years in prison on all 20 counts, a fine of $5 million, a supervised release term of 60 years, and a special assessment of $2,000. The Texas based company failed to verify the immigration status of nineteen employees and did not prepare the required Form I-9 and supporting documentation concerning the immigrants’ authorization to work in the United States.

John Kelleghan of Homeland Security further justified the Philadelphia HSI decision to levy such harsh punishment for I-9 non-compliance saying, “HSI and our law enforcement partners will continue to ensure that employers follow our nation’s hiring laws, which ultimately protect job opportunities for the nation’s legal workers, and levels the playing field for those businesses that play by the rules.”

The proportionality of the punishment sought for the crime is extremely shocking. Our blog has recently covered the penalties imposed upon, HerbCo, Chipotle, and most recently ABC Tree Professionals, which pale in comparison to the punishment GPX is now facing.

GPX is being treated like a national security threat for mishandling nineteen employees Form I-9s. The difference between thousands of dollars versus millions of dollars in fines, in addition to 100 years of jail time, is the involvement of the FBI and the Homeland Security. GPX is charged with harboring and transporting illegal aliens and conspiracy to commit those offenses as outlined in an indictment by the U.S. Attorney for the Middle District of Pennsylvania, Peter J. Smith. Whether GPX was honestly aware of their employees’ immigration status is still unknown, however proper planning and implementation of I-9 compliance would have saved the company millions in civil penalties and avoided a hundred years of jail time. With the stakes elevated so tremendously high by this multi-departmental crackdown on workforce compliance –  who can afford not to get their legal documents in order?

To protect your business and your employees please contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.

By:  Timothy Sutton, Communications Editor

For the Houston based ABC Professional Tree Service, Inc., firing non-compliant workers and implementing E-Verify was too little too late. Even after implementing E-Verify and firing hundreds of workers following an ICE audit in 2008, the Immigration Customs Enforcement agency of the Department of Homeland Security recently announced reaching a $2,000,000 non-prosecution agreement with ABC. Shockingly, the sum was based upon ICE’s estimation of profits ABC earned through illegal labor practices.

After four years of investigation, ICE did not release how the $2,000,000 figure was reached. However, they did release an estimate that up to 30% of the 2,500 ABC employees were illegally employed. In a press release on May 18, 2012, ICE espoused ABC knowingly employed illegal workers after receiving “no-match letters” from the Social Security Administration. Additionally, on March 4, 2010, two years after the initial audit, ICE seized records from the ABC Birmingham office through a federally issued warrant. Undocumented employees in the Alabama office and working in the field were detained.

Typically Form I-9 violations lead to heavy monetary penalties, but in this case ICE chose to cut a non-prosecutorial deal. It is unclear from the information released whether or not the $2,000,000 sum is more or less than ABC would have faced in fines? But more importantly, businesses like ABC who are subject to years of audits and investigations, despite implementing E-Verify and discharging employees, have little bargaining power. Consequently, the best defense against an ICE audit is total compliance. Employers would be wise to hire a professional consultant to train staff, organize existing documentation and manage future non-compliance issues. The Immigration Compliance Group has the experience and resources necessary to protect your business from an ICE audit.  Contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.