In September U.S. Immigration and Customs Enforcement (ICE) officials announced a $1.05 million fine settlement reached with Abercrombie & Fitch for violations found in a 2008 I-9 audit. Although the retailer had an electronic employment verification system in place, it was found to be faulty. As a result the retailer hired unauthorized aliens, violating federal immigration laws.
In the past year, ICE has increased audits and levied a record number of civil and criminal penalties against employers who violate immigration laws. Clearly, just having a system in place isn’t good enough.
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Did you know?
- Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the U.S. within three business days of the date employment begins.
- An employer cannot ask for specific documents for the I-9 form or for more than what is required by law.
- If audited, an employer has three days in which to produce I-9s to authorities for inspection.
- Employers must retain I-9 forms for three years after the date employment begins or for one year after the date of termination, whichever is later.
- It’s highly recommended that I-9 forms NOT be stored in employee personnel files.
- Current I-9 forms should have a “Rev. 08/07/09” date on the bottom, right-hand corner. If updating and/or re-verifying information from an older I-9 form, a new I-9 form should be completed.
- Section 1 must be completed by the employee (or their preparer or translator). Employers should not pre-type the info.
- Employers may, but are not required to, photocopy the document(s) presented. If photocopies are made, they must be made for all new hires.
- Any corrections to the I-9 form should be initialed off by the employee (Section 1) or the employer (Section 2).
- Employers with certain types of federal contracts are required to use E-Verify to confirm employment eligibility. E-Verify is an internet-based system administered by the Department of Homeland Security that compares data from an I-9 form to Homeland Security and Social Security Administration databases to confirm employment eligibility.
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Since January 2010, ALTRES has used E-Verify to screen each and every new employee hired by its clients. This is just one of the many ways ALTRES provides peace of mind to more than 500 employers statewide.
Resources
The full ICE press release is available at ice.gov/news/releases/1009/100928detroit.htm.
The latest Form I-9 and a handbook providing complete instructions for employers are online at http://www.uscis.gov/i-9.