Here is another example of one of the major blunders made by employers in 2011 which is to require specific work authorization documents (permanent resident cards or employment authorization card) of non-US citizen employees rather than permitting them to choose from the list of acceptable documents on the I-9 form.

The Justice Department announced today that it reached a settlement with BAE Systems Ship Repair Inc., a leading provider of ship repair services, to settle allegations that its subsidiary, BAE Systems Southeast Shipyards Alabama LLC, engaged in a pattern or practice of discrimination by imposing unnecessary and additional document requirements on newly hired permanent residents (green-card holders) when establishing their eligibility to work in the USA by requiring them to present Permanent Resident Cards, a/k/a/ “green-cards,” as a condition of employment.

The investigation was initiated after BAE Southeast Alabama suspended a lawful permanent resident even though he had presented valid documents sufficient under the Immigration and Nationality Act (INA) to establish his work authorization on three separate occasions.

BAE agreed to pay a fine of $53,900. The lawful permanent resident who was suspended was previously reinstated and fully compensated by BAE.  BAE agreed to ensure that the employment eligibility verification policies and procedures of all its subsidiaries comply with the law, to train its human resources personnel about employers’ responsibilities to avoid discrimination in the employment eligibility verification process, and to produce Forms I-9 for inspection for three years.  We cannot emphasize enough the importance of employers with subsidiary companies and multiple jobsite locations establishing written, uniform policies and procedures concerning employment eligibility compliance matters.  We also recommend that an I-9 Compliance Manager be appointed to oversee adherence to your compliance standard operating procedures for all subsidiary companies at all locations.

The INA requires employers to treat all authorized workers in the same manner during the employment eligibility verification process, regardless of their national origin or citizenship status.  Employees may choose which document(s) they want to present from the list of acceptable documents.  Employers must accept any document from List A or combination of documents (one from List B and one from List C) as long as it the documents reasonably appear on their face to be genuine and to relate to the person presenting them.  To act in any other manner can be an unfair immigration related employment practice in violation of the anti-discrimination provision of the INA.

We frequently are asked:  If an employee writes down an Alien Number or Admission Number when completing Section 1 of the I-9 form, may I ask to see a document with that number?  The answer to this, based upon the above, is “no”.  It is your responsibility to ensure that your employees fully complete Section 1; however, the employee is not required to present a specific document in order to complete this section.  When the employer completes Section 2, you may not ask to see a document with the employee’s Alien Number or Admission Number or otherwise specify which document(s) an employee may present.

Should you wish to communicate with our office regarding audits, training and policy development, please email us at info@immigrationcompliancegroup.com or call 562 612.3996.  Please sign up for our free news and visit our Blog and employer compliance resource center at:  www.I-9Audits.com

Hello:

Headed into a new year, this is a good time to give thought to what as an HR professional you’d like to see implemented at your place of employment where compliance issues are concerned.

Take a minute and go through our survey.  Or, if you prefer, email us and let us know what your top 3 compliance projects or concerns are for 2012 – info@immigrationcompliance group.com

We’d like to hear from you.

Here is a selection of some of our more recent and popular blog posts:

I-9 Form Compliance:  What’s Hidden in your Paperwork

I-9 News:  ICE Inspection I-9 Overview

I-9 Audit Case Study:  Ketchikan Drywall Services

Important Electronic Vendor Guidance

What are Technical and Substantive Violations?

Employer Fined for Discrimination

SSA No-Match Letters:  OSC’s Position on Employer Action

I-9 Penalties:  Highest Civil Penalty Assessed Since Enactment of Anti-Discrimination Provisions

Gov. Brown Signs Bill Prohibiting E-Verify for Local Governments in CA

E-Verify Self Check Releases in 16 More States and is also in Spanish

The initial launch of E-Verify Self Check was in March of this year. Self Check provides a free Internet portal through which individuals in the USA can check their own employment eligibility status before formally seeking employment.

Today, USCIS announced Self Check is now available in Spanish and accessible to residents in 16 additional states: California, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, South Carolina, Texas, Utah and Washington.

From this page you can navigate to the Spanish language version, Director Mayorkas’ Press Conference and an Interactive Preview and Presentation in both English and Spanish.

We have a group on LinkedIn – check us out!

For Immediate Distribution

ICE announces record breaking 375% increase since 2008 in I-9 Form Audits – $36.6M this year in fines and forfeitures.

Long Beach, CA, October 17, 2011.  Employers must be proactive regarding worksite compliance matters.  Immigration-related employment regulations are complicated.  The truth is, it’s difficult for employers to keep up with the ever-changing world of employment laws and compliance issues. Even if you have a fully staffed human resources department, many critical compliance issues can go overlooked, such as formal training, audits and executive oversight that end up getting bumped for more pressing needs.

If you keep putting off a Form I-9 audit, you could most certainly find yourself in the middle of a complex investigation or lawsuit that will take center stage very quickly, that could have been avoided with some basic preventive maintenance.

“Our clients tell us that they award our bids and proposals because we have a process that we walk them through that is strategically planned and implemented, easily understood and efficient – from getting prepared for an outside audit, followed by targeted training and policy review and development that ensures the establishment of a successful compliance program. Continued education and information is available through our extensive outreach via monthly newsletters, client alerts, blog and social media.  Our suite of services and solutions are comprehensively packaged to bring sustainable results to our clients,” explained Leslie Davis, Managing Director of Immigration Compliance Group.

Immigration Compliance Group assists their clients with developing and implementing comprehensive tools, processes and standard operating procedures that enable them to remain committed to ongoing employment verification compliance.  “The reality is that the odds of encountering a Form I-9 audit have skyrocketed because of a pervasive business enforcement climate,” she added.  Now is the time to assess your weaknesses and minimize your liability.

Press Contact, Leslie Davis

Email:  info@immigrationcompliancegroup.com

www.immigrationcompliancegroup.com and www.I-9Audits.com

562 612.3996

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Immigration Compliance Group focuses its practice on corporate employment verification compliance and US and Canadian inbound business immigration. Our team has a depth of experience in providing uniquely tailored services and solutions to assist clients in developing comprehensive employment authorization and immigration-related compliance. We conduct onsite and offsite partial and full I-9 audits for companies of all sizes, design training curriculum to assure that staff is knowledgeable concerning the management of their I-9 program, and we assist with policy development so that our clients have a plan and strategy that assures their compliance in a manner that makes sense for their business and evidences their good faith effort in establishing a compliant workforce.

The 2011 California legislative season closed on October 9, 2011, with the Governor signing numerous bills.  We reference in our posts today, the E-Verify and the CA Dream Act Bills (separate post below).

Other Bills that were signed also affect employers and employment law, such as, bills that greatly limit the use of consumer credit reports by employers, expanding the definition of gender under state discrimination laws, requiring employers to pay for health insurance coverage during the entire period of pregnancy disability leave.

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AB 1236 “The Employment Acceleration Act of 2011,” states in part:

Except as required by federal law, or as a condition of receiving federal funds, neither the state nor a city, county, city and county, or special district shall require an employer to use an electronic employment verification system (E-Verify), including under the following circumstances:

1) As a condition of receiving a government contract.

2) As a condition of applying for or maintaining a business

license.

3)  As a penalty for violating licensing or other similar laws.

Article 2.5. Electronic Employment Verification Systems:

2813. For purposes of this article, the following terms have the following meanings:

(a) “Electronic employment verification system” means an employment verification system that allows employers to electronically verify workers’ employment authorization with the federal government. This includes the Basic Pilot Program, enacted by Section 404 of Public Law 104-208 and renamed in 2007 as the E-Verify Program, and other pilot programs for electronic employment eligibility confirmation. The term “electronic employment verification system” does not include the I-9 Employment Eligibility Verification form or any other employment eligibility systems that are required by federal law.

To cite some of the reasons itemized in the preamble of the Bill as the basis for its enactment:

(b)  Mandatory use of an electronic employment verification program would increase the costs of doing business in a difficult economic climate. The United States Chamber of Commerce estimates that the net societal cost of all federal contractors using the E-Verify Program would amount to $10 billion a year, federally.

(c) California businesses would face considerable odds in implementing such a program. Employers using the program report that staff must receive additional training that disrupts normal business operations. If E-Verify had been made mandatory for all employers in 2010, it would have cost businesses $2.7 billion, $2.6 billion of which would have been borne by the small businesses, which drive our economy.

(d) Employers report that the cost, technological demands, and staff time that an electronic employment verification system requires to use and implement come at a time when they are already struggling.

(e) California’s unemployment rate has risen to 11 percent. The state must pursue all avenues in facilitating and incubating job development and economic growth.

(f) It is the intent of the Legislature that the state maintain the intent of federal law by ensuring that private employers retain the ability to choose whether to participate in the electronic verification program.

The Bill will render defunct several city and county ordinances in California.  We link to the bill.  Should you have any questions regarding re-tooling your compliance processes and systems, please do not hesitate to contact our office:  info@immigrationcompliancegroup.com, 562 612.3996.

Most employers think that because they have never filed an immigration case for a foreign worker, that they do not need to worry about their I-9’s or immigration laws. This type of thinking in today’s enforcement climate, is indeed risky business.

You may be at risk… What most employers do not understand is that employment verification requirements are governed by the Immigration Reform and Control Act of 1986 (“IRCA”). The provisions of the law hold every employer in the USA responsible for verifying the identity and work authorization status of the employees that they hire. The means by which this is done is the I-9 Employment Eligibility Verification Form that every employee must fill out no later than the first day of work for pay – this includes both US citizens and non-citizens.  We link to more information here

For Immediate Distribution

Immigration Solutions Announces Relaunch to Immigration Compliance Group and New Websites to Assist Employers with Business Immigration

Employers concerned about U.S. business immigration issues, as well as I-9 employment eligibility verification and compliance are getting help from new websites announced by Immigration Compliance Group.

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Long Beach, CA, September 29, 2011 – Immigration Compliance Group has announced the launch of its new name and websites to help employers faced with business immigration and compliance issues.

Their websites are located at www.immigrationcompliancegroup.com and www.I-9audits.com, and offer help with business immigration issues, corporate employment verification compliance, I-9 employment eligibility audits and training, as well as help in developing a comprehensive employment authorization and immigration-related compliance program.

Business managers and human resource professionals know the value of degreed, skilled worker foreign nationals, especially in the science, technology, engineering and healthcare occupations.  As the workforce becomes more global in scope, employers are increasingly learning that it is essential to understand and effectively adhere to immigration compliance laws and regulations.

“Employer immigration compliance is becoming more complex because enforcement through investigations and audits by USCIS, ICE, SSA and DOL is increasing.  In order to effectively deal with these 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,” explained Leslie Davis, Managing Director of Immigration Compliance Group.

“Immigration Compliance Group offers customized programs that meet the unique business immigration needs of our clients.  We provide onsite or offsite audits, training, policy development, and ongoing consultation and  compliance news and updates,” she added.

With the demise of immigration reform in Congress, Immigration and Customs Enforcement (ICE) is stepping up enforcement of existing laws prohibiting the employment of illegal workers and fining employers for I-9 violations. These recent developments have made it even more critical that employers maintain a strong immigration compliance profile.

Press Contact:

Leslie Davis | Immigration Compliance Group | 562 612.3996 | info@immigrationcompliancegroup.com

Escondido Disposal, Inc., a refuse and recycle company and an E-Verify participant,  recently had to fire approximately 55 of its 200 employee workforce following an ICE audit when it was revealed that their documents were fraudulent.  The employer was not fined because ICE investigators found that the employer was examining the documentation to the best of their ability and knowledge.  This is noteworthy to emphasize.

Jeff Ritchie, VP of Escondido Disposal, said he was shocked to learn last month that 1/4 of his workforce lacked valid identity and employment authorization documents.  “We’re as vigilant as possible,” said Ritchie, noting that many of the employees were hired before the implementation of E-Verify.  “A big drawback of E-Verify is that it doesn’t go back and check existing employees,” said Mayor Sam Abed.  This is exactly the reason why employers must be proactive and have their I-9 records audited and train their staff, and then select a future date, and start fresh,  to go “electronic” with an I-9 program or E-Verify.

We note that the City of Escondido created a partnership with ICE in May 2010 in which ICE agents assist patrol and police officers in identifying illegal immigrants charged with crimes and consequently, Escondido-based companies appear to be more likely targets for audits.  ICE officials continue to state that they select businesses for audits based up0n tips and the type of business, with companies that affect “critical infrastructure and key resources” more likely to be audited.

For more on this story.

We have heard similar stories such as this over the last few years.  The charges against Taqueria El Balazo stem from a 2008 incident in which U.S. Immigrations and Customs Enforcement (ICE)  agents raided 11 El Balazo restaurants and arrested 63 undocumented workers, drawing the ire of immigration advocates across the Bay Area.

According to the U.S. Attorney’s Office, they later re-hired at least 10 of the illegal employees after receiving written notification from U.S. Immigration and Customs Enforcement and Homeland Security investigators informing them of the employees’ identities. BIG mistake!

Proprietors of the restaurant chain behind Haight Street’s popular Taqueria El Balazo pleaded guilty to a series of violations surrounding immigration, social security, and tax evasion practices.  The owners  told the court they under-reported employee wages to the payroll company; they admitted that, based upon their actions, the amount of employment taxes paid to the Internal Revenue Service were understated, and admitted to hiring employees they knew were not legally allowed to work in this country. According to the plea agreement, between August 2007 and August 2008, they employed more than 100 illegal aliens.

Owners, Marino and Nicole Sandoval. are scheduled to be sentenced December 14^th and could face up to 20 years in prison and a half a million dollars in fines, according to San Ramon Express News. Sandoval’s brother, Francisco Sandoval, who owns and operates the restaurant chain with the couple, pleaded guilty to tax charges last August.

Taqueria El Balazo currently operates nine restaurants throughout the Bay Area in addition to its Haight Street outpost.

For more on this story:  http://www.sanramonexpress.com/news/show_story.php?id=4368

What do restaurant owners need to consider:

• Are you training your employees who are charged with employment eligibility verification?  How thorough are you when it comes to the I-9 process of employment verification?  It’s time to get serious about this.
• Have you been proactive and called for a Form I-9 Audit by a qualified and experienced immigration firm that specializes in this practice area?  We strongly recommend you consider this.
• Are you screening, coaching, training and counseling your employees to ensure compliance with immigration laws?

This is very serious business for all employers and is the major enforcement tool for the economic and political climate we are in at the present time.  The goal on both the state and federal level is to punish egregious employers and convince farmers, restaurant owners, clothing manufacturers, meatpackers and other employers to change their behavior.

Plain and simple, the national debate is heating up over mandatory E-Verify.  Some members of Congress seem intent on pushing the issue without taking into account the harm they will cause for American businesses and workers.  Now is the time to get your house, so to speak, in order.