Sunday, March 28, 2010

Form I-9 Compliance is Heating Up

ICE (Immigration and Customs Enforcement) intensified its nationwide push to dramatically increase efforts to combat illegal employment of illegal aliens. On 11 March ICE arrested 29 undocumented workers at several Maryland locations.

According to William Winter, ICE special agent in charge of Baltimore, "Today's enforcement action is part of a multi-phased approach used by the ice to ensure that employers are held accountable for maintaining a legal workforce. ICE is required to investigate employers who are involved in illegal employment schemes that use illegal labor to make an illegal profit and give them an unfair advantage over companies operating legally. "

To protect your business, you should introduce "best practice" policy. To get started, here is a partial list of actions employers must implement.

• Review your I-9 Forms Now: Find errors in the forms for current employees, they know the most common errors.

• Proper Form I-9s: Really old forms with errors.

• 3rd Party Form I-9 Audit: Contact ALLOT Immigration Law Firm 303-797-8055 for a compliance audit of your I-9 records.

• Document Requirements: Know the ID / employment eligibility documents are acceptable and which not. For example - do not accept a U.S. passport does not have a cover.

• Employment Verification Systems: Use E-Verify or Social Security number verification systems for employment authorization.

• Employers' Handbook: Book Immigration Enforcement: I-9 Compliance Handbook

Employers should develop a protocol Hiring

Form I-9: New tenant must complete Form I-9 and provide employment eligibility documents after the decision to hire is made and before the first day at work.

Start Date: Under no circumstances should new employees begin work or be placed on the payroll prior to completing Form I-9 and provide acceptable documents.

3 business days: Hiring manager must fully complete § 2 of Form I-9 within 3 business days of hire.

E-Verify: Copy of Form I-9 documentation and must immediately be entered in the E-Verify that Internet-based, U.S. government employment verification system.

ALLOT's SMART TIP: Avoid Discrimination Claims

Prior Employment: Prospects should not complete Form I-9 before recruitment decision because an employer who chooses not to employ a person can be accused of discrimination on the basis of data received on the form.

Be proactive. Do not underestimate the importance of Form I-9 compliance. Visit www.allottimmigrationlaw.com for more information.

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