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I-9 E-Verify Immigration Compliance

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  1. I-9 and E-Verify Handbook – Book Review

    By: Bruce Buchanan, Sebelist Buchanan Law

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    As many of you know, Greg Siskind and I have published a book, The I-9 and E-Verify Handbook (2nd edition). If you would like to know more about the book, SHRM has just published a positive book review, where they discuss various aspects of the book. You may view the review at: https://www.shrm.org/hr-today/news/h...d-everify.aspx

    If you would like to purchase the book, it is available at Amazon -http://www.amazon.com/dp/0997083379.
  2. How to Get Ready for ICE Audit? (part 1)

    By Bruce Buchanan, Sebelist Buchanan Law

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    As I stated in my blog entry on October 19, 2017, Tom Homan, Acting Director of Immigration and Customs Enforcement (ICE), announced an increase of I-9 Inspections/Audits "by four to five times." What can employers do to decrease their vulnerability to significant penalties if one is audited? There are two things to do which go hand in hand – implement an immigration compliance policy and conduct an internal I-9 audit. This blog will focus on drafting and implementing an immigration compliance policy. Part 2 will focus on conducting an internal I-9 audit.

    As an immigration attorney who represents lots of companies in immigration compliance matters, one of the first questions I ask a new client is whether they have a written immigration compliance policy. Unfortunately, a vast majority of the companies say no or point to one paragraph in their employee manual.

    Why should a company have an immigration compliance policy? There are many reasons but one of the most important is to identify the person in charge of immigration compliance. It’s amazing how often that simple question is met with uncertainty. As we all know, if someone does not take ownership over a policy that policy will flounder.

    Here are other items that should be in an immigration compliance policy:
    1. Determine whether copies of documents should be retained;
    2. Determine whether the company should use E-Verify;
    3. Determine if the company is required by state or federal law to use E-Verify or FAR E-Verify;
    4. Zero tolerance policy for employment of individuals who cannot comply with work authorization rules;
    5. Timing and procedures for regular internal I-9 audits to be conducted;
    6. Rules on which management has access to I-9 records;
    7. How often is training required for employer representatives, who are completing I-9 forms;
    8. Define the required retention policy of I-9 forms – 1 year from employee’s termination or 3 years from original hire, whichever is longer;
    9. Rules for working with outside contractors;
    10. Re-verification procedures for employees with Employment Authorization documents;
    11. Set protocols for interacting with government officials if ICE or another federal agency shows up at worksite; and
    12. Policy on no discrimination of applicants/employees based on their lawful immigration status – citizenship, permanent resident, etc. or national origin.

    For more information on implementing an immigration compliance policy and how to conduct an internal I-9 audit in advance of an ICE inspection, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  3. What is Legal Workforce Act (H.R. 3711)?

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Congressman Lamar Smith (R-TX) has introduced the Legal Workforce Act (H.R. 3711), which proposes numerous changes to current law, including requiring every employer in the U.S. to use E-Verify or an electronic employment eligibility verification system.

    Here is a summary of the bill’s key provisions:

    • Mandatory employer participation in the E-Verify phased in over a two-year period based on the size of the employer;
    • Conditional job offers, based on passing E-Verify, which is contrary to current law, which prohibits use of E-Verify until a job offer is accepted;
    • Within 6 months of the bill’s enactment, these current workforce employees would have to have their employment eligibility reverified: employees who require a federal security clearance; workers assigned to a federal contract; and federal, state, and local government employee;
    • Beginning 30 days after the bill is enacted, an employer would be allowed to voluntarily use E-Verify to reverify the employment eligibility of any current employee, if the employer reverified all individuals at the same geographic location or employed within the same job category;
    • Employers would also have to use E-Verify, according to the phase-in timeline for employers based on their size, for workers with expiring work authorization;
    • Many documents, that are currently acceptable, would no longer be acceptable for proving employment eligibility;
    • Employers would be relieved of liability for any employment action taken with respect to a worker if the employer had verified the worker’s identity and employment eligibility and relied on information provided by E-Verify in good faith;
    • Would substantially increase penalties for employers who knowingly hired or employed unauthorized workers and who failed to use E-Verify or knowingly submitted false information to E-Verify, but fines for knowingly hiring or employing an unauthorized worker could be waived if the employer established that it acted in good faith;
    • Would preempt states and localities from passing employer sanctions and employment eligibility verification laws; but, it would allow states to use business licensing and similar laws to penalize employers for not using E-Verify. It would also allow a state, at its own cost, to enforce the provisions of the Legal Workforce Act if it followed the federal regulations, rules, and guidance implementing the act.


    I will keep you apprised of any actions taken toward passage of the Legal Workforce Act though it is highly unlikely that this bill will pass the U.S. Senate.
  4. E-Verify Participation Poster Redesigned

    By: Bruce Buchanan, Sebelist Buchanan Law
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    The USCIS has recently released a redesigned E-Verify participation poster. The new poster informs current and prospective employees of their legal rights, responsibilities, and protections in the employment eligibility verification process.

    The poster is now available in English and Spanish as one poster. Employers must replace their participation posters when updates are provided by the U.S. Department of Homeland Security. Thus, employers should check to see if the most current poster is available. The new posters can be downloaded when participants log into E-Verify. Employers may also display any of 16 foreign language versions of the poster.

    E-Verify employers continue to be required to display the Immigrant and Employee Rights (IER) Right to Work posters in English and Spanish.

    For the answers to many other questions related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, available at http://www.amazon.com/dp/0997083379.
  5. Arizona and Maryland Become 9th and 10th States to Join E-Verify RIDE

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Arizona and Maryland have become the ninth and tenth states to join the Records and Information from DMVs for E-Verify (RIDE) Program. RIDE is an E-Verify initiative, in conjunction with the American Association of Motor Vehicle Administrators, linking the E-Verify system with participating state driver’s licensing agencies. The prior states joining RIDE were Florida, Idaho, Iowa, Mississippi, Nebraska, North Dakota, Wisconsin, and Wyoming.

    RIDE allows E-Verify to validate the authenticity of driver’s licenses and state identification cards presented by employees as I-9 form identity documents. The RIDE program attempts to mitigate the risk of fraud by comparing the data from the card with data supplied by states’ motor vehicle agencies. If E-Verify is not able to match the license or ID card to data within the DMV, the employer will receive a Tentative Non-confirmation (TNC) indicating the issue and must give the employee a Further Action Notice and opportunity to meet I-9 demands. In this manner, RIDE is designed to boost the accuracy of employment eligibility verification in E-Verify
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