I-9 Consulting Services

For almost 20 years I-9 compliance and enforcement has been lax. However DHS and ICE now aggressively pursues worksite enforcement actions and Form I-9 compliance, inspecting employer I-9 Forms, reviewing employer employment verification practices and compliance with I-9 laws, and seeks criminal penalties for I-9 violators. In addition to hefty civil fines, I-9 violations, when criminally prosecuted, can result in imprisonment. The "employer" subject to imprisonment can be owners, officers, executives, supervisors, managers and human resources personnel. In other words, YOU ARE AT RISK FOR CRIMINAL PROSECUTION AND IMPRISONMENT!

Your I-9 compliance violations enable your competitors to sue you in RICO lawsuits, and your competitors are entitled to receive treble damages and attorney's fees.

Form I-9 compliance is becoming more complicated. Last year alone there were more than 80 changes to the I-9 laws.

Faced with federal criminal prosecution and possible imprisonment companies, executives, managers and supervisors are pleading guilty and agreeing to fines and less jail time rather than fighting costly, time consuming and what would ultimately be losing battles in federal criminal court.

Businesses are pleading guilty to I-9 violations in record numbers. Employers are paying record fines for I-9 errors and violations. Employers are forfeiting assets and “profits” made from employing workers who are not authorized for employment.

Company owners, executives, managers, supervisors and human resources managers have no effective defense for improper I-9 compliance practices. The Department of Justice’s Office of Chief Administrative Hearing’s Officer (OCAHO) adjudicates appeals of NIFs issued to employers by ICE. In a decision issued July 1, 2009, OCAHO ruled that a “good faith” defense was unavailable in a paperwork violation case. The ruling suggests that employers will not be able to avoid significant fines based on cooperation after the fact, good faith or ignorance of the law.

Company owners, executives, managers and supervisors are pleading guilty in record numbers to I-9 errors and violations, and accepting heavy fines and reduced jail time.

In reality mistakes happen, so employers and key executives, managers and supervisors would be wise to take precautions and regularly review their I-9 practices and training.

Every employer, regardless of size, must regularly review its Forms I-9 compliance practices. It is quite simply negligence not to regularly review your I-9 compliance practices and training.

We work with clients to provide extensive I-9 compliance consulting to help them achieve overall compliance with employment eligibility verification, Forms I-9 practices and immigration laws. We are able to help clients with:

• Developing I-9 compliance best practices;
• Preparing written I-9 policies and procedures;
• Training human resources personnel and other staff who handle their I-9s for correctly completing I-9s at hiring, properly retaining and storing I-9s, properly re-verifying I-9s;
• Developing internal "boardroom to shop floor" checks and balances for continued employment eligibility verification (EEV) and I-9 compliance;
• Providing a confidential "Risk Assessment Report" on their company's Form I-9 program, and make proactive recommendations for organizing and simplification of your I-9 procedures;
• Preparing detailed written guidelines for executives, managers and supervisors on employment eligibility and immigration laws;
• Certifying and verifying the employment eligibility and identity of all employees according to Form I-9 requirements;
• Training company personnel for employment eligibility vigilance when working with independent contractors and subcontractors;
• Establishing procedures to correct violations discovered during a Form I-9 internal audit;
• Purging inactive I-9 Forms as allowed by law;
• Correcting I-9 Forms;
• Implementing a prophylactic hot line mechanism for anonymous reporting of alleged employment eligibility violations;
• Registering for and using the Social Security Number Verification Service (SSNVS) and E-Verify
• Conducting regular internal company I-9 audits;
• Developing a company-wide plan for responding to any governmental inspections or audits of I-9 Forms;
• Updating clients on the all too regular changes in employment eligibility verification and immigration laws that may require modifications to existing internal Form I-9 procedures;

Our I-9 Compliance Services Help Employers, Executives, Supervisors and Managers Avoid Fines and Prosecution

We all know MISTAKES HAPPEN. Intelligent, diligent companies identify mistakes before they become costly. Form I-9 fines are per occurrence and per employee. It doesn’t matter how many or how few Forms I-9 you have. Small companies are at risk as well as large companies.

How confident are you about your I-9 compliance and practices?

• How many Forms I-9 has your completed over the years How long has your key I-9 compliance person been with you
• Have your I-9 compliance practices been consistent over the years
• Have you correctly completed each I-9 since your first hire
• Have you retained all your original Forms I-9
• Do you have regular I-9 training
• When did key I-9 personnel update their training
• Do you have written policies for I-9 compliance
• Do you have employees at more than 1 location
• Do you verify independent contractors I-9 Forms
• Can you produce all of your Forms I-9 within 3 business days
• When did you last review your Forms I-9 records
• Do you follow I-9 “best practices”

It is quite simply negligence not to regularly review your I-9 compliance practices and training…before ICE is knocking on your door.