6. Employer Compliance News
:::: 31 More Days for E-Verify
(9/25/2009) We just learned moments ago that the House-Senate conferees for the Legislative Branch appropriations bill have agreed to the language for the conference report. The new language also includes a "Continuing Resolution" to fund the government through October 31st (current funding for all federal discretionary programs was set to expire on September 30, 2009). The "CR" also extends E-Verify's authorization for an additional 31 days according to information on the House Appropriations Committee website.
:::: E-Verify Regulations for Federal Contractors
There’s a lot of discourse and interpretation concerning the new E-Verify regulations for Federal Contractors. We released our 2nd NewsFLASH with some of the most asked FAQ’s on the topic that you can check out here.
For more USCIS FAQs
We would highly recommend that you consult with immigration counsel for guidance and compliance solutions if you are a federal contractor with a contract containing an E-Verify clause requirement.
:::: Federal Contractor Designation Changes with E-Verify
DHS has released some modifications to the FAR E-Verify enrollment, introducing 2 options to choose from when enrolling for the first time or when updating your profile on the ‘Maintain Company’ page, as follows:
◦ Federal Contractor with E-Verify Clause
◦ Federal Contractor without E-Verify Clause
If you selected the ‘Federal Contractor’ designation when you enrolled or updated before September 8th, you will notice that your designation has been changed to either Federal Contractor without (if you signed up before 9/8/09 and did not take the refresher tutorial or the Federal Contractor tutorial) or with E-Verify Clause if you enrolled in either refresher tutorial.
If you selected Federal Contractor after September 8th, you are now designated as a Federal Contractor with E-Verify Clause.
:::: DHS Webinar on E-Verify for Federal Contractors
Our firm participated in the USCIS webinar, one of many scheduled through the month of September, and we were pleasantly surprised — it’s terrific and we highly recommend it. They walk you through their presentation and also walk you through the actual E-Verify log on and inquiry process. They answered questions through email and also opened up for a 1/2 hour of live Q&A — very well organized. For information by telephone, you can call: 888 464.4218. We will shortly be receiving a transcript of Q&A and links to their presentation and we will share these when received.
If you are interested in setting up a presentation for your organization, or interested in scheduling a live speaker for an event or conference, you can do so by calling the above telephone number or emailing: E-Verify@dhs.gov
In the meantime, we wanted to share a few resources that we think are worthy, as follows:
1) Where can you find the law: Federal Register.
2) The link to the DHS webpage for E-Verify for Federal Contractors.
3) FAQ Link
4) Form I-9, Employment Eligibility Verification Information
5) How do I complete Form I-9? https://www.uscis.gov/files/nativedocuments/E3eng.pdf
6) USCIS Supplemental Guide 9/8/09 for Federal Contractors
We will continue to provide any and all information and resources that we feel are informative on this topic.
::: Missouri Roofing Company Pleads Guilty to Hiring Illegals – Fined $450,000
The owner of a southwest Missouri roofing company pleaded guilty in federal court Monday to hiring illegal aliens as a result of a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement (ICE).
Russell D. Taylor, 31, of Bolivar, Mo., waived his right to a grand jury. He pleaded guilty Sept. 14 before U.S. Magistrate Judge James C. England, Western District of Missouri. Taylor operated a business as Taylor-Made Roofing, aka Taylor-Made Contractors.
Taylor admitted that from August 2006 through April 2008, he hired, contracted and sub-contracted for hire to obtain illegal aliens to work for him.
By pleading guilty, Taylor also agreed to forfeit to the government $185,363, which represents the amount of proceeds obtained as a result of the offense. Under the terms of the plea agreement, the government and Taylor agreed that a fine of $36,000 is appropriate, representing a $3,000 fine for each of the 12 illegal aliens who worked under the supervision of Juan Pacheco-Herrera. Pacheco-Herrera pleaded guilty in a separate but related case to harboring illegal aliens.
The government and the defendant also agreed that five years of probation is a reasonable and just sentence in this case. As a condition of his probation, Taylor must implement an employment-compliance plan and pay the $185,363 money judgment in monthly installments during the first 30 months of probation. A sentencing hearing will be scheduled after the U.S. Probation Office completes its investigation. For more.
The reminder to employers could not be stronger -- ICE will continue to focus its resources on auditing and investigating employers who they suspect are hiring undocumented illegal aliens. Contact Immigration Compliance Group for your compliance services and solutions.
The new director of U.S. Citizenship and Immigration Services said today he wants to emphasize public engagement, transparency and information technology modernization of the immigration agency during his term.
To meet those goals, Alejandro Mayorkas said he has created a new Office of Public Engagement and is debuting a new, interactive Web site Sept. 22nd that will allow for public feedback on agency policy and proposals. The updated Web site also will allow for greater ease of use and more access to information about pending requests and applications.
Mayorkas told reporters at an informal news conference today that the agency is taking steps to prepare for Congress’ action on comprehensive immigration reform and for the possible expansion of the E-Verify employment verification program to all employers. But the agency has not yet developed detailed plans or budget estimates.
“We are not assuming anything, but we want to be prepared,” Mayorkas said. For E-Verify, for example, the agency is evaluating the possibility of adding a fingerprint biometric, as suggested by Sen. Charles Schumer (D-N.Y.) and others, he said. The evaluations are in the early stages, and no cost estimates or feasibility studies are available at this time, he said. For more.