When the government cracks down, as it has been doing over I-9 forms and immigration procedures, it’s vital to ensure that your processes are correct. This checklist can help.
Yesterday’s CED reported on your obligations to ensure your workers are legally authorized to work in the United States.
The government is constantly finding new ways to curtail illegal immigration by eliminating the principal lure that brings these immigrants here—jobs that, even for the most unpleasant work, still pay many times what foreign workers can earn back home.
This crackdown has left U.S. employers in something of a bind. On one hand, hiring illegal immigrants can hit employers with penalties and even criminal prosecution if the hiring was “knowingly” done. On the other hand, questioning job seekers about their national origins, unless handled properly, opens the door to charges of discrimination. What to do?
Answer: Make sure your procedures are correct every time. Here’s a quick immigration status checklist:
Don’t miss our up-to-the-minute immigration compliance webinar, chock-full of practical tips and answers to your most pressing questions—this Thursday!
- Ask each jobseeker whether he/she is authorized to work in the United States. Do not ask about place of birth or national origin.
- Have each new hire fill out a Form I-9 within three days of starting work.
- Be sure the documents that confirm identity and authorization to work are included in the lists on the back of the I-9 form and that they appear genuine. Accept originals only. And keep copies of the documents with the I-9s.
- If corrections are needed, attach the corrected I-9 to the previous I-9. Never alter an existing I-9.
- Store I-9s for current employees in alphabetical order (in one place), and for terminated employees in chronological order (in a separate place).
- Keep I-9s on file at least three years for current employees and for at least one year after an employee has left, whichever is longer.
- If the Social Security Administration issues a “no match” letter, take no action against the employee without first going through the error checking procedures the agency recommends.
- Consider joining programs that automate status checks.
- Train certain staff to handle the I-9 process, and let no one else do it.
- Conduct an annual I-9 audit. Have this done by a third-party firm or someone not involved in the day-to-day I-9 process.
I-9 Recordkeeping: Best Practices for Keeping You Off of ICE’s Radar
Employers are obligated to hire only workers who are legally permitted to work in the United States—U.S. citizens and nationals, and aliens who are specifically authorized to work here.
All employers, regardless of their size, must verify the identity and employment eligibility of all new hires, which includes completing the Employment Eligibility Verification Form: the I-9.
There are specific requirements, too, for keeping each I-9 on file. If you don’t comply with those requirements, you could be subjected to hefty fines following an Immigration and Customs Enforcement (ICE) inspection.
In addition, there are specific notice and poster requirements, as well as recordkeeping obligations, that may vary by the classification of alien or foreign workers being hired.
Zeroing in on where your I-9 documentation and verification practices may be deficient is very important. No workplace is immune from an ICE audit, and ICE is targeting employers from all industries, from the smallest organizations to big Fortune 500 and Fortune 1,000 companies in an effort to ensure that paperwork, policies, and procedures are up to code.
If there are any discrepancies in your I-9 recordkeeping practices, your organization could suffer hefty penalties.
Join us this Thursday for an in-depth webinar that will answer all of your trickiest questions and provide best-practice compliance tips. You’ll learn:
- The most up-to-date legal requirements that employers must abide by for the Form I-9 and E-Verify;
- The types of document abuse to avoid during the I-9 completion process so you don’t wind up with the Office of Special Counsel (OSC) on your back;
- How to complete the I-9 Form so you’re in compliance with ICE—including best practices and legally acceptable ways to verify documentation;
- Form I-9 reverification requirements for non-U.S. citizens and non-permanent residents;
- Whether you must require employees returning to work for the organization to complete a new I-9;
- The most common recordkeeping errors that can result in ICE scrutiny and fines;
- When it’s safe to destroy old I-9s;
- Whether you should photocopy supporting documents and where to store them;
- Whether a paper I-9 may be stored in an electronic format;
- Where to store I-9 forms—with the personnel file or somewhere else—so they’re
readily available for internal inspection and external governmental audits; - The best strategies for developing and reviewing your I-9 recordkeeping policies to ensure compliance with federal regulations; and
- Common problems turned up in I-9 audits, and the tactics the government uses to root out compliance problems.
Sign up today! Can’t make it on Thursday? Order the CD and learn at your leisure.
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Questions To Ask in an Interview: Interview Questions for Employers today!