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Form I-9

I-9 Audit Notices on the Rise

I-9 Audit Notices on the Rise

By Walter J. Liszka of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Form I-9 on Wednesday, September 26, 2018.

With all the furor in the media with regard to the “Border Wall” and United States immigration policy, Employers are losing sight of an even more prominent threat. The Homeland Security Investigations Unit (HSI), which is the investigative agency within the United States Immigration and Customs Enforcement Group and responsible for Form I-9 compliance, has ratcheted up Inspection Notices for Employers. In point of fact, since the beginning of the current Government Fiscal Year, the HSI has served well over 2,800 Notices of Inspection and made thirty-two (32) arrests in connection with onsite Form I-9 compliance. It should be noted that in the last Fiscal Year, the same entity initiated 1,360 I-9 Audits and obviously that is showing a tremendous increase. While the Border Wall and overall immigration policy may eventually impact the Federal Budget and tax dollars, a more important concern for Employers is the HSI “knocking on the door right now!”

What actions must an Employer take to protect itself during an I-9 Audit with its potential for civil and criminal penalties:

  • Conduct an I-9 Self-Audit as quickly as possible to assess current compliance and address errors that must be corrected. The current three (3) page Form may look simple at first glance, but the potential for errors creating technical and substantive violations is a potentially serious problem.
  • Develop a game plan for when the government “knocks on the door.” Who is going to meet with them and control the investigation?
  • Investigate and document that those individuals who are tasked with current I-9 compliance and retention have clearly established internal procedures on who verifies and performs I-9 Audits and where and how those documents are retained.

While Employers may believe from a time and cost perspective that Form I-9 compliance can be totally contained in-house, after the Self-Audit, if problems have been ferreted out, it may be in the Employer’s best interest to consult with Labor Counsel to make sure the problems are eradicated or appropriate defenses created.

The investment of time, effort, and resources to assure From I-9 compliance before the government arrives, makes not only good business-sense, but dollars and cents as well!

Questions? Contact attorney Walter Liszka in our Chicago office at (312) 629-9300 or by email at walizksa@wesselssherman.com.

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Categories
Form I-9

Paperwork Is Never Done

Paperwork Is Never Done

By Walter J. Liszka of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Form I-9 on Tuesday, August 8, 2017.

Over my seventy-two (72) years of life, there are a number of constants that have existed. One of them is “no job is complete until the paperwork is done”. This is certainly true with the United States Government and its numerous forms (i.e. new EEOC Forms; new OSHA Forms, etc.).

Effective as of September 18, 2017, the U.S. Citizenship and Immigration Service has implemented a revised Form I-9 – Employment Eligibility Verification – that must be used by Employers as of that date. Prior to September 18, 2017 (i.e. through September 17, 2017), the old Form I-9 or the new Form I-9 may be used, but after that date (i.e. September 18, 2017), only the new I-9 Form can be used. You will note that the new I-9 Form is effective through August 31, 2019. This new I-9 Form is available on our website here.

While the changes on the new Form are miniscule (i.e. adding Form FS-240 Consular of Birth Abroad to the list of acceptable documents in List C), it is important that Human Resources Personnel and other individuals charged with the processing and maintenance of the Form I-9 familiarize themselves with this new document and put it into operation as of September 18, 2017.

Questions? Contact Attorney Walter Liszka in our Chicago office at (312) 629-9300 or by email at waliszka@wesselssherman.com

Related Posts: I-9 Audit Notices on the Rise

2016 Top Ranked Law Firms Based On Av - Av Preeminent Martindale - Hubbell Lawyer Ratings