Since 1986, employers have been the primary enforcement tool of immigration. With the creation of the I-9 Form, it has been the responsibility of employers to find out if a person seeking employment is authorized to be and work in the United States.
The pressure on employers to enforce these immigration laws during the hiring process is getting ready to explode for employers in Tennessee. On June 7, 2011, Tennessee Governor Haslam signed into law new provisions of the 'Tennessee Lawful Employment Act' that will dramatically change the way employers hire new employees - and even independent contractors who provide labor and services for your company.
A new complex layer of state immigration enforcement obligations will supplement (and sometimes overlap) the federal regulations that employers already follow. The new legislation is built around the use of the federal 'E-Verify' system or maintenance of documentation proving legal residency for every employee similar to what is now required with the Form I-9.
Over the next several days, we will focus on 5 different components of the new legislation to help explain the scope of the new law. In summary, the 5 topics will include:
1. E-Verify and Legal Residency documentation; Employer will either have to register and use E-Verify or maintain specific documentation proving lawful residency - even if you do not have internet access;
2. Independent Contractors; new verification requirements now extend to persons who provide labor or services to your company - even if they are not your own employees;
3. Worksite Investigations; a new state office will be created to conduct random audits and inspections at your workplace;
4. Increased Penalties; higher fines and the possible permanent suspension of your license are now among the heightened penalties for violation of these new provisions;
5. Implementation Dates; Employer obligations to comply with this new legislation will be phased in depending upon the size of your workforce. Generally, the law becomes effective on January 1, 2012.
Welcome to the New World of Immigration Enforcement!
Showing posts with label I-9. Show all posts
Showing posts with label I-9. Show all posts
Thursday, July 7, 2011
Tuesday, May 17, 2011
USCIS' I-9 Central is open for business
USCIS announced that it has a newly-launched I-9 headquarters aimed at making employer compliance with work authorization more accessible and easier. Dubbed I-9 Central, press release notes that this is yet another step by USCIS to provide "employment-related enhancements" for the business world.
With USCIS working toward making compliance "easier," it would not be a stretch to think that the expectations of compliance will increase as well. For more information about I-9 audits, check out these previous blog posts.
With USCIS working toward making compliance "easier," it would not be a stretch to think that the expectations of compliance will increase as well. For more information about I-9 audits, check out these previous blog posts.
Tuesday, October 5, 2010
Come and knock on our door. . .
As I read this latest article from SHRM this morning, the theme from "Three's Company" popped into my head. Yes, indeed, we've been waiting for you.
Seems as though federal governmental agencies may be sharing information to determine who will receive or has received ICE audit notices. According to the article, companies which found themselves the subject of an investigation or audit from another agency--mostly related to the employment of immigrants--also received a heads-up that ICE would be coming to inspect their Form I-9s.
As we recommended (okay, whined) earlier here, the time to look at your Form I-9s for compliance issues is long before you even think you might be getting an audit letter. And if you do find yourself on the mailing list of any government agency, please engage counsel as soon as you receive the letter and before you provide anything in response to the notice.
Seems as though federal governmental agencies may be sharing information to determine who will receive or has received ICE audit notices. According to the article, companies which found themselves the subject of an investigation or audit from another agency--mostly related to the employment of immigrants--also received a heads-up that ICE would be coming to inspect their Form I-9s.
As we recommended (okay, whined) earlier here, the time to look at your Form I-9s for compliance issues is long before you even think you might be getting an audit letter. And if you do find yourself on the mailing list of any government agency, please engage counsel as soon as you receive the letter and before you provide anything in response to the notice.
Friday, October 1, 2010
Thursday, September 30, 2010
No Southern Belle; Just a Bell Tolling
Look, y'all: it's been a loooong day, which means that my attempts to keep my southern drawl in check fell by the wayside many hours ago. That also means that this won't be a big discussion entry. Just a couple of simple pleas:
PLEASE train your staff on properly completing Form I-9.
PLEASE have them read through the instructions and go over each section block by block.
PLEASE "error-up" some sample forms and have your staff find the miscues.
PLEASE follow-up with your staff to see if any situations have arisen which weren't addressed in training (you know they have).
And PLEASE do self-audits. Better you catch the mess-ups before ICE (yes, that acronym is two syllables long by this point in my day).
I need a Pal's sweet tea.
PLEASE train your staff on properly completing Form I-9.
PLEASE have them read through the instructions and go over each section block by block.
PLEASE "error-up" some sample forms and have your staff find the miscues.
PLEASE follow-up with your staff to see if any situations have arisen which weren't addressed in training (you know they have).
And PLEASE do self-audits. Better you catch the mess-ups before ICE (yes, that acronym is two syllables long by this point in my day).
I need a Pal's sweet tea.
Thursday, September 23, 2010
Chilly Forecast Ahead
It appears that ICE is on its way this season. Immigration & Customs Enforcement ('ICE') - the division of the U.S. Department of Homeland Security responsible for Employer compliance with immigration laws- announced several days ago that it was preparing to send out Five Hundred (500) new Notices of Inspection to companies within the next week.
Typically, a Notice of Inspection will require an employer to provide access to its I-9 Forms to make sure that the Forms are properly completed and that its employees are eligible to work in the U.S. (Fines for improperly completed I-9s may range from $110 - $1,100 per violation).
By comparison, ICE sent out only 503 Inspections for the entire year of 2008.
This increased vigilance by ICE is a continuing trend in immigration enforcement that has been escalating for the past 18 months. One effect of this increased pressure on Employers is that there has been a decline in illegal immigration - but it requires all employers, (whether or not you employ a foreign national), to make sure that all of your Form I-9s are in proper order before ICE makes its arrival at your door.
Happy Autumn!
Typically, a Notice of Inspection will require an employer to provide access to its I-9 Forms to make sure that the Forms are properly completed and that its employees are eligible to work in the U.S. (Fines for improperly completed I-9s may range from $110 - $1,100 per violation).
By comparison, ICE sent out only 503 Inspections for the entire year of 2008.
This increased vigilance by ICE is a continuing trend in immigration enforcement that has been escalating for the past 18 months. One effect of this increased pressure on Employers is that there has been a decline in illegal immigration - but it requires all employers, (whether or not you employ a foreign national), to make sure that all of your Form I-9s are in proper order before ICE makes its arrival at your door.
Happy Autumn!
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