Lexology.com
Porter Wright Morris & Arthur LLP
Robert Cohen
USA
June 28 2011
Today, the Justice Department announced that it has filed a lawsuit against Farmland Foods, Inc., a major producer of pork products based in Kansas. The lawsuit, which will be heard by an Administrative Law Judge, alleges that the employer engaged in unlawful discriminatory acts by requiring foreign born and non-citizen employees to provide additional documentation of employment authorization beyond what was required by law and the documents required from U.S. citizens. While we have not yet heard the full facts or Farmland Food's position, the lawsuit highlights the fine line employers must walk to satisfy both the obligation to verify employment eligibility for all employees, and avoid unfair discrimination against employees born in other countries or with foreign sounding names.
Full Story: http://www.lexology.com/library/detail.aspx?g=5a3e856e-758b-47a3-9c33-432fc774227b&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-07-06&utm_term=
Showing posts with label Form I-9s. Show all posts
Showing posts with label Form I-9s. Show all posts
Monday, July 18, 2011
Monday, June 6, 2011
I-9 immigration compliance update: social security “no-match” letters and new USCIS "I-9 central” website
Lexology.com
Lane Powell PC
USA
May 25 2011
Best Practices for Employers in Responding to Social Security No-Match Letters
The Social Security Administration (“SSA”) has resumed issuing letters notifying employers of mismatches between an employee’s name and Social Security number (“SSN”), known as “No- Match” letters. A No-Match letter informs the employer that discrepancies exist between an employee’s name and Social Security number contained in SSA’s database against those on the employee’s W-2 form. The purpose is to enable the SSA to allocate Social Security funds correctly. Employers who receive No-Match letters should have a policy of checking records and following up with employees so they can avoid charges of hiring unauthorized workers.
SSA had stopped sending No-Match letters in 2007 and 2008 (tax years 2006 and 2007) in response to litigation surrounding a proposed Department of Homeland Security (“DHS”) regulation, “Safe Harbor Procedures for Employers Who Receive a No-Match Letter.” DHS later rescinded the proposed regulation. SSA recently decided to resume sending No-Match letters in April 2011 for tax year 2010.
Full Story: http://www.lexology.com/library/detail.aspx?g=51261ae1-0497-43b9-bac9-71e2b7841c1d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-06-03&utm_term=
Lane Powell PC
USA
May 25 2011
Best Practices for Employers in Responding to Social Security No-Match Letters
The Social Security Administration (“SSA”) has resumed issuing letters notifying employers of mismatches between an employee’s name and Social Security number (“SSN”), known as “No- Match” letters. A No-Match letter informs the employer that discrepancies exist between an employee’s name and Social Security number contained in SSA’s database against those on the employee’s W-2 form. The purpose is to enable the SSA to allocate Social Security funds correctly. Employers who receive No-Match letters should have a policy of checking records and following up with employees so they can avoid charges of hiring unauthorized workers.
SSA had stopped sending No-Match letters in 2007 and 2008 (tax years 2006 and 2007) in response to litigation surrounding a proposed Department of Homeland Security (“DHS”) regulation, “Safe Harbor Procedures for Employers Who Receive a No-Match Letter.” DHS later rescinded the proposed regulation. SSA recently decided to resume sending No-Match letters in April 2011 for tax year 2010.
Full Story: http://www.lexology.com/library/detail.aspx?g=51261ae1-0497-43b9-bac9-71e2b7841c1d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-06-03&utm_term=
Tuesday, November 16, 2010
OFCCP inspection of I-9s: a thing of the past
Lexology
Seyfarth Shaw LLP
USA
November 12 2010
Insiders at the Office of Federal Contract Compliance Programs (OFCCP) have advised us that the agency will stop inspecting contractors’ Form I-9, Employment Eligibility Verification documentation during onsite compliance evaluations.
We have been told that on Tuesday, November 9, 2010, Patricia Shiu, Director of OFCCP, announced during an internal videoconference that the agency will stop exercising its authority to inspect I-9 audits during onsite investigations. Historically, OFCCP has conducted these inspections pursuant to a Memorandum of Understanding (MOU) between the Department of Labor and Immigration and Customs Enforcement (ICE), the enforcement division of the Department of Homeland Security. The MOU can be accessed here.
By ceasing I-9 inspections, OFCCP will be able to focus its audits on issues it has authority to remedy and resolve. Under the MOU, OFCCP does not have enforcement authority with respect to I-9s, and it cannot assess penalties or fines. Instead, it must refer I-9 compliance problems to ICE. By relinquishing I-9 inspection authority, OFCCP can concentrate its resources on the areas of importance under its Strategic Plan for 2010-2016, which was discussed in a prior Seyfarth Management Alert that can be accessed here. OFCCP does not appear to have reduced this new approach to writing, nor has it provided a timeline for when it will stop its I-9 inspections.
Full Story: http://www.lexology.com/library/detail.aspx?g=2be591fe-a739-40f0-81f3-2c25f342e662
Seyfarth Shaw LLP
USA
November 12 2010
Insiders at the Office of Federal Contract Compliance Programs (OFCCP) have advised us that the agency will stop inspecting contractors’ Form I-9, Employment Eligibility Verification documentation during onsite compliance evaluations.
We have been told that on Tuesday, November 9, 2010, Patricia Shiu, Director of OFCCP, announced during an internal videoconference that the agency will stop exercising its authority to inspect I-9 audits during onsite investigations. Historically, OFCCP has conducted these inspections pursuant to a Memorandum of Understanding (MOU) between the Department of Labor and Immigration and Customs Enforcement (ICE), the enforcement division of the Department of Homeland Security. The MOU can be accessed here.
By ceasing I-9 inspections, OFCCP will be able to focus its audits on issues it has authority to remedy and resolve. Under the MOU, OFCCP does not have enforcement authority with respect to I-9s, and it cannot assess penalties or fines. Instead, it must refer I-9 compliance problems to ICE. By relinquishing I-9 inspection authority, OFCCP can concentrate its resources on the areas of importance under its Strategic Plan for 2010-2016, which was discussed in a prior Seyfarth Management Alert that can be accessed here. OFCCP does not appear to have reduced this new approach to writing, nor has it provided a timeline for when it will stop its I-9 inspections.
Full Story: http://www.lexology.com/library/detail.aspx?g=2be591fe-a739-40f0-81f3-2c25f342e662
Tuesday, October 19, 2010
Abercrombie & Fitch fined after I-9 audit
US Immigrations and Customs Enforcement
News Release
September 28, 2010
DETROIT - U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers.
The settlement is the result of a November 2008 Form I-9 inspection of Abercrombie & Fitch's retail stores in Michigan. The audit uncovered numerous technology-related deficiencies in Abercrombie & Fitch's electronic I-9 verification system. The company was fully cooperative during the investigation and no instances of the knowing hire of unauthorized aliens were discovered. Since the initial inspection, Abercrombie & Fitch has taken measures to revise its immigration compliance program, and has begun to implement new procedures to prevent future violations of federal immigration laws.
"Employers are responsible not only for the people they hire but also for the internal systems they choose to utilize to manage their employment process and those systems must result in effective compliance," said Brian M. Moskowitz, special agent in charge of ICE HSI for Ohio and Michigan "We are pleased to see Abercrombie working diligently to complete the implementation of an effective compliance system; however, we know that there are other companies who are not doing so. This settlement should serve as a warning to other companies that may not yet take the employment verification process seriously or provide it the attention it warrants."
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work on the Form I-9.
In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. In the last year, ICE has leveled a record number of civil and criminal penalties against employers who violate immigration laws.
For the most up-to-date ICE information, sign up for ICE e-mail alerts. You may also visit us on Twitter and YouTube.
-- ICE --
http://www.ice.gov/pi/nr/1009/100928detroit.htm
News Release
September 28, 2010
DETROIT - U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers.
The settlement is the result of a November 2008 Form I-9 inspection of Abercrombie & Fitch's retail stores in Michigan. The audit uncovered numerous technology-related deficiencies in Abercrombie & Fitch's electronic I-9 verification system. The company was fully cooperative during the investigation and no instances of the knowing hire of unauthorized aliens were discovered. Since the initial inspection, Abercrombie & Fitch has taken measures to revise its immigration compliance program, and has begun to implement new procedures to prevent future violations of federal immigration laws.
"Employers are responsible not only for the people they hire but also for the internal systems they choose to utilize to manage their employment process and those systems must result in effective compliance," said Brian M. Moskowitz, special agent in charge of ICE HSI for Ohio and Michigan "We are pleased to see Abercrombie working diligently to complete the implementation of an effective compliance system; however, we know that there are other companies who are not doing so. This settlement should serve as a warning to other companies that may not yet take the employment verification process seriously or provide it the attention it warrants."
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work on the Form I-9.
In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. In the last year, ICE has leveled a record number of civil and criminal penalties against employers who violate immigration laws.
For the most up-to-date ICE information, sign up for ICE e-mail alerts. You may also visit us on Twitter and YouTube.
-- ICE --
http://www.ice.gov/pi/nr/1009/100928detroit.htm
Monday, November 30, 2009
ICE Announces Another 1,000 I-9 Worksite Audits; USCIS to conduct 25,000 site visits
Bloggers and other websites have begun to report on increasing enforcement activity against illegal immigration and the potential misuse of H1B visas. Here is an excerpt from one of the blogs:
Visa Lawyer Blog
November 22, 2009
Not an easy time to a US employer these days. Between ICE raids and USCIS H1B site visits, the stress level is on the rise. Here is the latest update - U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notice of Inspections (NOIs) to 1,000 employers across the country associated with critical infrastructure. This follows an earlier initiative on July 1, 2009 when ICE issued 652 NOIs to businesses nationwide. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This is part of a new initiative illustrating ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.
"ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said ICE Assistant Secretary John Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
Protecting employment opportunities for the nation's lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.
Full Blog Post: http://www.visalawyerblog.com/
Visa Lawyer Blog
November 22, 2009
Not an easy time to a US employer these days. Between ICE raids and USCIS H1B site visits, the stress level is on the rise. Here is the latest update - U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notice of Inspections (NOIs) to 1,000 employers across the country associated with critical infrastructure. This follows an earlier initiative on July 1, 2009 when ICE issued 652 NOIs to businesses nationwide. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This is part of a new initiative illustrating ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.
"ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said ICE Assistant Secretary John Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
Protecting employment opportunities for the nation's lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.
Full Blog Post: http://www.visalawyerblog.com/
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