With our I-9 Compliance services, we help US and international companies on US soil with their Workforce compliance systems. Our job is to interpret the I-9 Work Authorization laws, anticipate fines and discrimination pitfalls, teach methods for compliance, prepare for government audits and partner in visa matters during the hire of non-US workers. Clients request our legal services at several junctures:
- Organizing I-9s in-house
- Learning how to complete an I-9
- Determining if E-Verify is for a company, with consideration for FAR (federal acquisition contract clause)
- Dealing with SSA No-Match letters
- Getting a Notice of Inspection (NOI) from the government for an “I-9 Audit”
- Doing an Internal I-9 Self-Audit to assess potential fines in system as is, clean up I-9 files
About I-9s
US immigration laws require every employer on US soil who hires or currently employs a US or foreign worker to complete and maintain a Form called an I-9 for Employment Eligibility Verification. Every person working as an employee in the US must complete one for their employer if they were hired for wages or other compensation, on or after November 6, 1986. To comply with the law, an employer must verify the identity of each person. The employer must also verify the employment eligibility of each person. The employer does this by completing the Form I-9 and reviewing particular documents of their employees. Then the employer must retain the Form I-9 for each employee for specified periods of time. And not least of all, the employer must refrain from purposely or accidentally discriminating against employees protected under various national origin and citizenship laws, by following particular verification methods. Employers may be audited and fined for knowingly hiring illegals, or for making substantive or technical errors on the Form I-9, and for discriminatory verification practices.
US immigration laws require every employer on US soil who hires or currently employs a US or foreign worker to complete and maintain a Form called an I-9 for Employment Eligibility Verification. Every person working as an employee in the US must complete one for their employer if they were hired for wages or other compensation, on or after November 6, 1986. To comply with the law, an employer must verify the identity of each person. The employer must also verify the employment eligibility of each person. The employer does this by completing the Form I-9 and reviewing particular documents of their employees. Then the employer must retain the Form I-9 for each employee for specified periods of time. And not least of all, the employer must refrain from purposely or accidentally discriminating against employees protected under various national origin and citizenship laws, by following particular verification methods. Employers may be audited and fined for knowingly hiring illegals, or for making substantive or technical errors on the Form I-9, and for discriminatory verification practices.
About E-Verify
E-Verify is the government’s web-based system that allows businesses to determine the eligibility of their employees to work in the United States. While it claims to be free and easy to use to help employers ensure a legal workforce, it provides no guarantee that an employer will be immune from action by the government. Its major pitfall is that it does not verify actual US workers who are mistakenly omitted or mismatched in the system which (a) can cause problems of credibility for the worker vis-à-vis his/her employer, (b) allows illegal workers using other US workers documents to be verified, (c) provides minimal protection for the company against government audits, and (d) in keeping historical records, can hurt an employer’s defense in an action by the government.
E-Verify is the government’s web-based system that allows businesses to determine the eligibility of their employees to work in the United States. While it claims to be free and easy to use to help employers ensure a legal workforce, it provides no guarantee that an employer will be immune from action by the government. Its major pitfall is that it does not verify actual US workers who are mistakenly omitted or mismatched in the system which (a) can cause problems of credibility for the worker vis-à-vis his/her employer, (b) allows illegal workers using other US workers documents to be verified, (c) provides minimal protection for the company against government audits, and (d) in keeping historical records, can hurt an employer’s defense in an action by the government.
Required usage of E-Verify is limited to federal contractors and subcontractors who fall under the Federal Acquisition Regulation (FAR) clause. With a FAR clause in a contract, some or many of your employees may have to be registered under E-Verify.
The Dec 2010 GAO Report on E-Verify cites improvements in the reduction of mismatch rates, ensuring employer compliance, and establishing better safeguards for employees’ personal information. Immigration lawyers are skeptical.
HELPFUL LINKS:
At US CIS ( US Citizenship & Immigration Services under US Department of Homeland Security)
CIS: I-9 Form & Instructions
CIS: http://www.uscis.gov/files/form/m-274.pdf
CIS: How Do I Complete Form I-9, Employment Eligibility Verification?
CIS: Information about E-Verify
CIS: How Do I Use E-Verify?
CIS: E-Verify for Federal Contractors
CIS: E-Verify User Manual for Fed Contractors (Sept 2010)
CIS: E-Verify Supplement for Fed Contractors (Sept 2010)
At US ICE (US Customs and Immigration Enforcement under US Department of Homeland Security)
ICE: Worksite Enforcement
ICE: I-9 Inspection Overview
ICE: I-9 Inspection Overview Flowchart 12/1/09
ICE: Subpoena to Produce Documents, see p.2
ICE: Factsheet – Statistics about raids, arrests, government successes
ICE: Worksite Enforcement Cases
At SSA (US Social Security Administration)
SSA: What Employee should do when Employer gets No-Match letter
SSA: Instructions to Verify Social Security Numbers Online
SSA: Restrictions on Using SSNVS
SSA: SSN Verification Handbook Online
SSA: What to do if an SSN Fails to Verify Online
At AILA (American Immigration Lawyers Association)
AILA: ICE Workplace Enforcement
CIS: I-9 Form & Instructions
CIS: http://www.uscis.gov/files/form/m-274.pdf
CIS: How Do I Complete Form I-9, Employment Eligibility Verification?
CIS: Information about E-Verify
CIS: How Do I Use E-Verify?
CIS: E-Verify for Federal Contractors
CIS: E-Verify User Manual for Fed Contractors (Sept 2010)
CIS: E-Verify Supplement for Fed Contractors (Sept 2010)
At US ICE (US Customs and Immigration Enforcement under US Department of Homeland Security)
ICE: Worksite Enforcement
ICE: I-9 Inspection Overview
ICE: I-9 Inspection Overview Flowchart 12/1/09
ICE: Subpoena to Produce Documents, see p.2
ICE: Factsheet – Statistics about raids, arrests, government successes
ICE: Worksite Enforcement Cases
At SSA (US Social Security Administration)
SSA: What Employee should do when Employer gets No-Match letter
SSA: Instructions to Verify Social Security Numbers Online
SSA: Restrictions on Using SSNVS
SSA: SSN Verification Handbook Online
SSA: What to do if an SSN Fails to Verify Online
At AILA (American Immigration Lawyers Association)
AILA: ICE Workplace Enforcement
Please contact the attorneys at Ryvin Wallace Group to answer your questions by calling 1-703-531-0790 or 1-415-765-0679. You will be offered a free 15 minute consultation where we obtain key facts and move you in the right direction.
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