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The I-9 Conundrum |
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Blogs -
I-9 Blog
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On the one hand the law requires that an employer verify the employment eligibility of every employee hired after the passage of the Immigration Reform and Control Act of 1986. On the other hand it is illegal to discriminate in employment based on alienage or national origin.
Your I-9 Obligation. You are required to complete the I-9 form part 1 on the date employment begins, part 2 no later than 3 days after the employee begins work. In completing the form you will be required to ask for documents that demonstrate that the employee is authorized to work in the U.S. This is so complex that the USCIS has published a 64 page manual with instructions on how to properly complete form I-9. In one recent case ICE sought nearly $7,000 in penalties against a mom and pop Chinese restaurant because they had improperly completed just seven I-9 forms. |
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E-Verify includes waiver of Constitutional Rights |
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Blogs -
I-9 Blog
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E-Verify utilizes Department of Homeland Security (DHS) and Social Security Administration (SSA) databases to verify an individual employee's eligibility for employment.
Participation in E-Verify is not mandatory except for federal contractors. If you do decide to participate in E-Verify you will be required to sign a 13 page legal document called a Memorandum of Understanding (MOU). Before signing this document you should seek legal counsel. There are several provisions in the document that should be of concern to any employer. These provision have to do with investigation and enforcement.
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If you sign the MOU you agree that the DHS can inspect your place of business without notice, and.
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DHS can inspect any employment records they choose to inspect.
In contrast, ICE must give an employer who does not participate in E-Verify three days warning before inspecting their records, and the inspection is limited to I-9 records and related documents. |
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SSA No Match Letters |
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Blogs -
I-9 Blog
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The Social Security Administration (SSA) quietly resumed issuing "no match" letters to employers and employees. The letters are issued when the information provided to SSA with employee withholding does not match information in the SSA database.
What NOT to do if you get an SSA No Match Letter
First and foremost don't jump to any conclusions about an employee's immigration status. The letter clearly states that this an SSA record keeping issue, not an immigration enforcement matter. The SSA would like you to resolve the matter. Often times it is as simple as a data entry error at the time the withholding information was submitted.
What to do if you get an SSA No Match Letter
Follow the directions in the letter which will spell out a steps you can take to correct any errors.
Document
Document the steps you take to resolve the issue. At no time should you tie the SSA no match letter to immigration status.
I-9 Implications
Notwithstanding all of the above, this is an I-9 issue. You can bet that if ICE hits you with an I-9 audit that they will ask for SSA no match letters and evidence of your actions upon receipt of the letter(s).
Obtain Advice of Legal Counsel
Call or E-mail us to discuss your best course of action.
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New USCIS Handbook for Employers |
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Blogs -
I-9 Blog
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The USCIS has issued a new Handbook for Employers.
The latest USCIS Handbook for Employers was issued on June 1, 2011.
The document is available HERE. |
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Last Updated ( Friday, 10 June 2011 16:48 )
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