I-9 Compliance: What Employers Need to Know About ICE Verification & Audits

U.S. Immigrations and Customs Enforcement (ICE) has turned its sights on employers large and small. Read what lawyers and law firms on JD Supra are saying about I-9 verification, compliance, and what to do if your business is audited by USCIS:

The New Trend Continues – ICE Audits the I-9 Forms of 1,000 Businesses (Fisher & Phillips LLP)

“This round of NOIs continues ICE’s trend to investigate employer’s compliance with federal immigration law through I-9 audits. The last round of NOIs was issued in February to 1,000 businesses. ICE has reported issuing over 2,300 NOIs to businesses this year. This is an increase from the reported 2,196 audits issued in fiscal year 2010 and the 1,444 audits in fiscal year 2009.” Read more »

Final Rule on Form I-9 is Adopted (Allen Matkins Leck Gamble Mallory & Natsis LLP)

“The U.S. Citizenship and Immigration Services (USCIS) has adopted a final rule on Form I-9 that is effective on May 16, 2011. One of the biggest changes under the final rule is that employers are prohibited from accepting expired documents when completing the I-9.” Read more »

USCIS Issues Rule Adopting the Current Interim Form I-9 Rule as Final (Miller & Martin PLLC)

“The U.S Citizenship and Immigration Services (USCIS) has announced a final rule adopting the interim rule currently governing the Employment Eligibility Verification (Form I-9) process. This new final rule adopts the current interim rule without change and will become effective on May 16, 2011.” Read more »

New Wave of Immigration Audits Could Come Crashing Down on Your Business: Are You Prepared? (Luce Forward)

“Is your action sports company following the rules when it comes to confirming the eligibility of your employees to legally work in the United States? It is important for you to be able to answer that question ‘yes.’ No matter how small your business – whether it’s a Venice Beach skate shop with five employees or a 1,000-employee surf ware manufacturer – you need to be aware of, and in compliance with, immigration laws and the proper documentation needed when hiring employees.” Read more »

ICE Enforcement Targets Employers: Preventive Actions to Think About (Manatt, Phelps & Phillips, LLP)

“In fiscal year 2010, U.S. Immigration and Customs Enforcement (“ICE”) conducted more than 2,200 audits of employers nationwide. In part, as a result, criminal immigration charges were filed against a record 180 owners, employers, managers and/or supervisors…In particular, employers in industries that historically have had a higher percentage of unauthorized workers; that is, the food, hotel, cleaning services and construction industries are all under scrutiny.” Read more »

ICE Targets Large Employers: How to Be Prepared (Poyner Spruill LLP)

“Termed silent raids, an ICE audit with the enhanced ability to handle a large volume of I-9s implements a promise in 2009 by the Obama administration to move away from the Bush administration’s practice of conducting surprise raids that resulted in massive worker arrests and eventual deportations. The ICE focus is now on finding the employers who employ undocumented workers instead of targeting the undocumented workers themselves.” Read more »

I-9 Immigration Compliance Update: Social Security “No-Match” Letters and New USCIS “I-9 Central” Website (Lane Powell PC)

“Best Practices for Employers in Responding to Social Security No-Match Letters: The Social Security Administration (“SSA”) has resumed issuing letters notifying employers of mismatches between an employee’s name and Social Security number (“SSN”), known as ‘No-Match’ letters. A No-Match letter informs the employer that discrepancies exist between an employee’s name and Social Security number contained in SSA’s database against those on the employee’s W-2 form. Read  more »

Technology Solutions for I-9 Compliance (Ronald Shapiro)

“[E]mployers would be well-advised to ascertain that any software solution is designed to meet applicable provisions of the Code of Federal Regulations (“CFR”) governing the use of electronic programs for I-9 verification and compliance.” Read more »

Homeland Security Focusing on I-9 Audits (Warner Norcross & Judd)

“The new Employment Compliance Inspection Center will provide large numbers of I-9 specialists to enable local immigration offices to go after big employers, as well as industries that are targeted for employing undocumented workers. In fiscal 2010, ICE more than doubled the number of companies it audited. Assessed fines for 2010 were $7 million, up from $1 million in 2009.” Read more »

I-9 Compliance – An Increasingly Important, But Often Overlooked, Necessity for Your Business (Luce Forward)

“[E]mployers must ensure that they and their employees have properly completed the Employment Eligibility Verification form, better known as the ‘I-9.’ While the form takes only minutes to complete, there are pitfalls which can lead to costly civil penalties (which have reached six and seven figures for some employers) and criminal prosecution. Read more »

Immigration Enforcement Continues To Target Employers (Fisher & Phillips LLP)

“Complying with U.S. immigration laws (both at the federal and state level) should be at the top of every employer’s 2011 “To Do” list…What follows is an overview of the federal law, focusing mainly on I-9 requirements and penalties for non-compliance.” Read more »

Complying with Form I-9 (Law Offices of Ron Katiraei)

“Under the Immigration Reform and Control Act of 1986 (IRCA), the regulation of illegal immigration was a focal point as it related to employment. Employment was being used in this context to encourage unauthorized persons to come to the United States, because the hiring and continued employment of aliens known to be unauthorized workers by employers was prohibited. In order to be compliant with the law, the verification of employment eligibility was mandated for all U.S. employers after November 6, 1986.” Read more »


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