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I-9 E-Verify Immigration Compliance

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  1. 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.
  2. 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 driverís 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 driverís 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 statesí 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
  3. Wyoming Becoming 8th State to Join E-Verify RIDE

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Wyoming will soon become the eighth state 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 driverís licensing agencies. The prior states joining RIDE were Florida, Idaho, Iowa, Mississippi, Nebraska, North Dakota, and Wisconsin.

    RIDE allows E-Verify to validate the authenticity of driverís 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 statesí 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.
  4. Staffing Company and IER Settle Immigration-Related Discrimination Claim

    By: Bruce Buchanan, Sebelist Buchanan Law, PLLC

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    The Immigrant and Employee Rights Section (IER), formerly known as the OSC, has reached an agreement with Sellariís Enterprises, Inc., a staffing company in Orlando, Florida. The settlement agreement resolves an investigation into whether Sellariís violated the Immigration and Nationality Act (INA) by discriminating against work-authorized immigrants. The IER concluded Sellariís requested that non-U.S. citizens present specific documents to prove their work authorization, such as a Permanent Resident Cards or Employment Authorization Documents, while not requesting specific documents from U.S. citizens. All work-authorized individuals, whether citizens or non-citizens, have the right to choose which valid documentation to present to prove they are authorized to work. The anti-discrimination provision of the INA prohibits employers from subjecting employees to different or unnecessary documentary demands based on employeesí citizenship, immigration status or national origin.

    Under the settlement, Sellariís will pay a civil penalty of $120,000 to the United States, post notices informing workers about their rights under the INAís antidiscrimination provision, undergo IER-provided training to HR employees on proper I-9 and E-Verify practices, revise employment policies and practices to be in compliance with the law, and comply with departmental monitoring and reporting requirements for three years.
  5. OCAHO Finds No Document Abuse

    By Bruce Buchanan, Sebelist Buchanan Law

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    An individualís claim of document abuse by a company was dismissed by Office of Chief Administrative Hearing Officer (OCAHO) because the company was abiding by E-Verify laws in declining a List B document without a photograph. See Johnson v. Progressive Roofing, 12 OCAHO no. 1295 (Jan. 2017).

    Michael Johnson was hired by Progressive Roofing and thereafter presented his documents in the process of completing his I-9 form Ė voter registration card (List B document) and two List C documents- a birth certificate and a social security card. Progressive Roofing told Johnson that the documentation was insufficient because the voter registration card did not contain a photograph. Although unclear whether Progressive Roofing explained the insufficiency, the company was enrolled in E-Verify which requires a List B document, if presented, to contain a photograph. (Alternatively, an employee may present a List A document.)

    Johnson filed a charge with the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) (since renamed the Immigrant and Employee Rights Section) alleging document abuse for the companyís failure to accept his List B and C documents. OSC dismissed the charge for insufficient evidence of a violation but advised him of the right to file his own complaint with OCAHO. Johnson did so, alleging the same violation. Thereafter, Progressive Roofing filed an Answer and Motion for Summary Decision asserting it did not violate the law because it was following E-Verify practices and procedures by requiring a List B document containing a photograph or List A be presented. Johnson did not respond to the companyís motion.

    OCAHO explained document abuse occurs when an employer requests more or different documents than necessary or rejects valid documents and does so for the purpose of discriminating on the basis of citizenship status or national origin. Thus, document abuse takes two elements, an act and intent. It has not been a strict liability offense since the amendments to 8 U.S.C. ß1324b(a)(b) in 1996.

    OCAHO found Johnson did not establish a prime facie case of discrimination because Progressive Roofing was an enrolled participant in E-Verify, which requires any List B document presented to contain a photograph, and did not request more or different documents than required by law. Assuming arguendo, Johnson established a prime facie case, Progressive Roofing met its burden by showing it had a legitimate nondiscriminatory reason for requesting a List B document with a photograph Ė to be in compliance with federal law. Finally, Johnson did not allege this defense was pretextual. Therefore, OCAHO dismissed Johnsonís complaint.

    This decision reminds employers that the use of E-Verify requires following certain rules, including only accepting List B documents with a photograph. In rejecting Johnsonís List B document, Progressive Roofing was merely following the applicable law.
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