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Jun 30 2017
Harassment & DiscriminationHiringImmigration

Requiring new hires to present specific IDs for I-9 costs employer $225,750

An employer in eastern Washington required all green card holders to present their Permanent Resident Cards when completing the Form I-9. The U.S. Department of Justice (DOJ) has announced that this employer has now agreed to pay a fine of $225,750 to settle discrimination charges. The employer also agreed to post workplace notices, train its…

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May 26 2017
HiringImmigration

A glitch in the system: Are you using the correct Form I-9?

On April 6, 2017, U.S. Citizenship and Immigration Services (USCIS) disclosed on its “what’s new” feed that an early version of the new Form I-9 contained an internal technical error. Then on April 17, the agency alerted the Society for Human Resource Management (SHRM) that some HR professionals are inadvertently using that bad form. Apparently,…

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Mar 07 2017
ImmigrationQ&A

Q&A: What to do if ICE contacts your business

Answer: ICE, the federal investigative arm of the Department of Homeland Security, typically would make contact with your organization by presenting an onsite warrant to search your premises, or by giving verbal or written notice of an audit of your I-9 forms. If ICE contacts you, inform your Vigilant employment attorney or other legal counsel…

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Feb 21 2017
HiringImmigration

Employer fined more than $109,000 for Form I-9 violations

Employment eligibility verification and immigration law: As an employer, have you ever done the following? (1) Stapled a copy of a new hire’s identification documents but didn’t actually fill out the Form I-9; (2) Didn’t complete a Form I-9 within three business days of hire; or (3) Didn’t retain I-9 forms for former employees more…

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Sep 01 2016
HiringImmigration

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2, 2015. This rule change may…

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Feb 11 2014
Immigration

E-Verify improves detection of SSN fraud

The agency will use a combination of algorithms, reports, and analyses to look for instances of valid SSNs that appear to have been stolen or purchased. For example, an employer checking a Social Security card might not notice a problem, as long as the name and number match the Social Security Administration’s database. But if…

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Nov 25 2013
DisabilityHiringImmigration

Temporary workers—whose employee is this?

A: You may not consider employees that you obtain from a temporary services company to be your employees, at least until you hire them on a permanent basis, but the law might. And, different laws apply differently to the temporary employment relationship, for example:   Federal Family and Medical Leave Act (FMLA): Under the FMLA,…

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Nov 14 2013
HiringImmigrationQ&A

Cutting corners on Form I-9 leads to big penalties

A: No, attaching photocopies of employees’ documentation, but leaving sections of the form itself incomplete, is not sufficient for I-9 purposes. One small employer who took that approach recently found itself with a bill for $173,500 in penalties from Immigration and Customs Enforcement (ICE). The employer had photocopied each employee’s documentation and attached it to…

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Oct 24 2013
HiringImmigrationQ&A

Should we use E-Verify during our hiring process?

A: Possibly. All employers must complete the Form I-9 for new employees and, as a part of that process, be able to review the documentation provided to ensure validity. Many employers struggle with being able to recognize forged documentation, even when using resources available from the U.S. Citizenship and Immigration Services, such as the “Handbook…

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Oct 01 2013
Immigration

Do you keep photocopies of I-9 documentation?

Determining whether to keep photocopies of the documentation provided during the Form I-9 process can be a tough decision for employers to make. On the one hand, employers aren’t required to retain copies of employment authorization documents, and having them on hand creates an obligation to keep those documents secure and confidential. On the other…

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Aug 13 2013
ImmigrationQ&A

How to respond when an employee doesn’t pass E-Verify

A: Yes. The E-Verify system offers a fairly rigid structure for determining whether an individual is authorized to work in the United States, which can sometimes be a downside. The upside: once you run through the established procedures, you can have confidence in a termination. In fact, continuing to employ an individual after you’ve received…

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Jul 11 2013
HiringImmigrationQ&A

Employee SSN not essential at the time of hire

A: Yes, if he can provide adequate documentation of his identity and work authorization for the Form I-9 at the time of hire. When a foreign worker applies for a Social Security number (SSN), the Social Security Administration (SSA) has to verify the person’s work authorization with the Department of Homeland Security. The delay caused by…

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