Welcome to our March 2011 immigration newsletter. For those of you who are new readers, at Immigration Compliance Group
- We provide US and Canadian immigration services for business and individual related immigration matters...
- We take great pride in partnering with our clients to create compliant workforces and offer a range of compliance services such I-9 audits, I-9 compliance training, employer policy development...
- We specialize in complex business visas for investors, multinational managers, and outstanding individuals in the areas of Information Technology, Healthcare, the Sciences, Business, Arts & Entertainment, and PERM Labor Certification.
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1. The ICE Man Cometh...
The last few weeks have brought more enforcement activities against employers, with some 1,000 more I-9 Audit notices served on February 17th across the country, as ICE continues to focus its investigations both on businesses that were brought to their attention by tips and leads, and on those that work in areas of national security and critical infrastructure. Brett Dryer, Chief of the Worksite Enforcement Unit, Homeland Security Investigations (HIS) confirmed: “The agency continues to be interested in egregious employers as they tend to break other laws in addition to immigration…including paying employees under the table, avoiding taxes and ignoring employee protections. The inspections will touch on employers of all sizes and in every state in the nation — no one industry is being targeted nor is any one industry immune from scrutiny.”
Under the Obama administration, ICE has moved away from raids, and stepped up the pace of auditing businesses who may be suspect to employing undocumented workers. However, the emphasis today is more on employers who hire immigrants, and not just arresting undocumented immigrants who are working in the factories, the hotels, restaurants and construction businesses. The vehicle being used to police the workforce is the auditing of I-9 forms, levying fines and utilizing employer verification tools such as E-Verify and the ICE Mutual Agreement Between the Government and Employers.
We link to some of our most recent Blog posts and other articles on this topic:
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2. Your Company’s Brand
Your company’s brand is your mark of distinction. It separates you from the competition. "Think of a brand as your organization's universal pulse or hum. It needs to be fine-tuned for the signal to become stronger and clearer, ultimately aiding in your audience's reception, retention and comprehension," said Eric Swartz, founder of Byline Group, based in San Mateo. Chances are, you’ve spent years and thousands of dollars, probably much more, in developing your brand. 72% of consumers say that brand reputation impacts their buying decisions.
So, what would happen if all of a sudden, all of that came crashing down like it has for Abercrombie & Fitch, American Apparel, Chipotle, Tyson Foods, Catholic Healthcare West, and other industry leaders that have been on the receiving end of bad press across the country because of government investigations into the employment eligibility of their workforce?
As the contentious immigration debate rages on with no reform in sight and ICE continues its aggressive I-9 enforcement strategies, employers are at greater risk of this kind of negative publicity. Bottom line, the importance of 100% I-9 compliance is being played out in the media every week over and over again. The message is: The employer is responsible for completing the Form I-9 timely and accurately, updating the form when required, and retaining the form in accordance with the law.
We find in our practice, that most employers have problems with their I-9 forms, are lacking in training, have not reached out to a 3rd party for an audit and do not have their policies and procedures documented. The chance of your company being at risk in one way or another is strong. Are you prepared to bet your reputation on this? What will happen if you “fail” an ICE inspection?
ICE considers an expert 3rd party Form I-9 audit a “Best Practice” in an employer’s effort to achieve full compliance.
If you’d like to discuss your situation with our compliance team, call us today: 562 612.3996 or email us.
Visit our I-9 Employer Resource Center
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3. E-Verify Self Check
USCIS announced this week that it will be launching on March 18, 2011 the E-Verify Self Check System that will permit individuals to check their work authorization status prior to being hired and to enter data into the E-Verify system that might be reflected in federal databases to ensure that the information relating to their eligibility to work is correct and up to date. This will undoubtedly lead to a more reliable and accurate E-Verify system that works better for both employers and employees.
How does Self-Check work?
E-Verify self check uses a Web-based interface that will be accessible to all individuals and is a free, voluntary service offered by the government to provide information to the user about his/her employment eligibility in the USA. The user will not need to register or open an account, but will be required to agree to the “Terms of Use” and restrictions on usage (you may only run a self check on your own information) detailed on the E-Verify Self-Check website before granted access.
For more on this story, visit the blog.
E-Verify homepage
E-Verify Employee Rights and Responsibilities
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4. I-9 Revised Employer Handbook Released in January 2011
On January 12, 2011, USCIS Director Alejandro Mayorkas released the revised version of the
I-9 Employer Handbook known as the M-274. After reviewing the new release, the following is a summary of the additional guidance and answers to FAQs that we think you need to be aware of in order to continue to remain I-9 compliant as well as update your policies and procedures in relation to managing your I-9s.
Is this a perfect employer handbook? … No — but it is improved and does address many of the questions that we hear from employers in our practice; for instance, questions about name changes, conditional resident status, how to handle H-1B portability, clarifying the Thursday Rule for when the employer must complete Section 2 of the form, and assistance in how to calculate and determine the I-9 retention date for separated employees. For more on this story, we link here.
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5. I-9 Central
USCIS announced that in the Spring of 2011, it will launch the I-9 Central website. The purpose of the website is to provide clear guidance on how to complete the Form I-9, although it is unknown at this point if the intention is to go beyond the instructions in the M-274 Handbook. Other features of “I-9 Central” reportedly will include written guidance delineating which errors are technical and which are substantive. The website will provide detailed guidance on how to complete the I-9 form. The website is supposed to offer smart features, such as help text, drop down boxes and other interactive tools to help guide the employer and to prevent some of the most common errors from occurring.
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6. ICE Reports on Worksite Enforcement
ICE reports that it issued a record 2,196 notices of inspection to employers, surpassing the prior year’s record of 1,444 and more than quadrupling the 503 inspections in 2008. ICE issued 237 final orders – documents requiring employers to cease violating the law and directing them to pay fines – totaling $6,956,026, compared to the 18 issued for $675,209 in FY 2008. The total of $6,956,026 last year represents the most final orders issued since the creation of ICE in 2003. In addition, worksite investigations resulted in a record $36,611,320 in judicial fines, forfeitures, and restitutions. Want more?
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7. USCIS Announces that Employment and Travel Documents will be Single Cards
USCIS announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents. A sample card and FAQs can be found here.
The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.
An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9. The back of the card retains the machine-readable zone (MRZ) which was introduced on EADs back in May of 2010. The new document is evidence of “temporary” work authorization which has an expiration date that will need to be reverified in order for the employee to maintain their work authorization in the USA. The reverification can be indicated on Section 3 of the I-9 form or by completing a new I-9 form.
For more on this story, visit our blog.
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Disclaimer/Reminder: This newsletter does not constitute direct legal advice and is for informational purposes only. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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