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PRESS RELEASE
The Integrity News
"objective risk management news"
Vol. XVI   No. 5
ISSN 1081-2717

 


The Integrity Center, Inc.
 
June 19,  2007  


Immigration Reform
Will Mean:
Employers MUST
Enforce Employment
Eligibility Verification



This Issue is a "heads up" on the topic of coming Employment Eligibility Verification enforcement.   Last week, to sweeten the deals so that a new Immigration Reform law will get through Congress,  they have added an amendment that will supply $4.4  Billion in upfront funding for U.S. border control  and workplace enforcement.

Please, at least scan this entire Issue, it is important to your company.
  

There are many employment-related topics in the draft legislation that are not discussed in this Issue.   Such topics are severe civil and criminal penalties  for false attestation and willful non-compliance;  debarring of employers from Government-related work for repeated violations; new discrimination definitions based on nationality; new H-1B visa parameters; a new H-2C visa; new biometric  machine-readable standards; and other topics.

The fines are so very high, because one provision of the draft legislation is that the fees and fines that the Government plans on collecting, will be a funding source for the implementation of the law.

An Immigration Reform bill may not pass in this  Congress even though the leaders of both the House and the Senate, and the President, say that it will.   If it does, it may not look like the current House or  Senate versions, and it may not have the current  provisions.   They plan on accepting up to 20 amendments beginning this week.

However, it is obvious that Congress believes that employers are
"a problem", and a great source of fine and fee money.


There will be something in whatever new law passes,  whenever it passes, that will be similar to the draft  versions now being debated.   The Government wants  to make sure that employers are verifying every employee's eligibility for employment with documents  that the employer has reason to believe are authentic.

While the draft versions do not explicitly say so yet,  the clear implication is that when the Government  checks the compliance of an employer, that they will  check the employment eligibility of ALL existing  employees plus the procedure used for verifying the  eligibility for employment of your new applicants.

Employers will be required to have employment  eligibility proof for every employee.   The penalties  for non-compliance in the current draft versions  include the levy of BIG fines, per employee, on  employers.
   The Government says that they are  working on implementing various ways of collecting  the information from you electronically.

Under the Department of Homeland Security, the U.S. Citizenship and Immigration Services (USCIS) dictates: "employers are required to complete the Employment Eligibility Verification forms ( Form I-9 )  for all employees, including *ALL* U.S. citizens".     ( The current Form I-9 was last updated 11/21/1991, so  this is not something new.)   Any new law will surely develop this verification concept to an intense new  level, and with today's technology, the Government will expect employers to be able to prove that they  are in compliance.



U.S. immigration reform is important.   It relates to the rule of law, terrorism, taxation, benefits, families, competitive American businesses, the need for good  employees, benefit contributions, and many other  building blocks of our society.   This topic is capturing  the full attention of the Congress, the Administration,  and the public.   The House version of the new law, the  STRIVE Act of 2007, and the Senate version of the new law, the CIR Act of 2007, are currently being debated.   Both versions contain many serious  implications for U.S. employers.   They each contain  a Section or Title that is effectively named  "Employment Eligibility Verification".

The resulting new law, when it does pass, will be a very major piece of legislation for America.

The goal of this Issue is to explain to our clients and our subscribers some of the things that you need to  be thinking about as employers.   As currently drafted, both versions each contain a number of severe  penalties for non-compliance.   Because there has not been a new law enacted yet, what you should  take from this Issue is the tone of the thinking in Congress about the responsibilities of employers, and the likely path that Congress will take.

To the people who say that prior legislation has not been enforced, we remind you that:  (1) times have  changed quickly for the technology of information  access, and  (2) Government attitudes have changed  about the need to use all available information.

The drafts anticipate that the Department of Homeland  Security (DHS) will be given access to Social Security, Income Tax, and Payroll records among many other  sources.   New enforcement agencies are created.   There  will be an electronic means of Government enforcement.

EMPLOYER COMPLIANCE

If you have been properly completing, and keeping on file, a Form I-9 for each and every employee, based  on documents that you have tried to determine are in  fact authentic, and that you possibly have further evaluated by comparing them to, say, an ID Verification, then you probably would be in a good position to begin  to satisfy the new law.

The STRIVE Act of 2007 "creates a means for employers to electronically verify workers' employment eligibility, establishes criminal penalties for employers and workers who operate outside the new protocol, and implements strong enforcement mechanisms".

Yet, the new system will only be available initially to  "critical infrastructure" employers such as nuclear,  airline, and other obvious terrorist-target industries.

It will then be available to "large" employers at a later date.   BUT -- ALL employers are expected to respond to Form I-9 enforcement from the time that  the new law goes into effect !!!    ( It is our opinion that the Government is making the entire enforcement  system continue to depend upon the Form I-9 because  it already exists, it should have been complied with all  along, and they may not be able to get "the new system"  working in a reasonable amount of time, or at all.)   Recall the problems that the FBI had trying to get their new integrated system going in the years after 9/11.

The Integrity Center, Inc. has been in the business of verifying worker's backgrounds for over 20 years.   We understand the magnitude of the Government's task.   The House version of the new law says that  the new electronic worker eligibility verification  system will help employers verify 60 million workers  per year.

What the Act does not say is that the new system  will be the only way to verify employment eligibility.     THE ENFORCEMENT PROVISIONS OF THE NEW LAW ARE *NOT* TIED TO THE AVAILABILITY  OF THE NEW SYSTEM.   The drafts of the new law  specifically instruct employers to comply by continuing  to use Form I-9, and base their hiring decisions on  authenticated information.
 

Keeping in mind that Form I-9 compliance has long  been required, many employers have not been very methodical about their employee records.   When most employers are checked for compliance, they probably will have incomplete files for some existing employees,  and maybe even have a weak, or lacking, system for verifying the employment eligibility of new applicants.

To assist our clients with their compliance tasks, we have added an online Form I-9 to your Client Interface.   It will appear for your use on July 11, 2007.   It is fully Biometrically Enhanced (although you will only see the standard Form I-9 until the additional information is required by the Government, then it will automatically appear for your use).

If you are a current subscriber to our Employee Files,  or use us for your Payroll Preparation, the new online  Form I-9, and the new compliance reports that can be  generated from your stored data, are FREE.

If you currently work with us for Background Checking or online Job Applications, there will be a small one-time  charge per Form I-9 that will enable you to print the individual forms to be signed, and will also provide you with unlimited printing of the compliance reports that can repeatedly be generated over time from your stored data.

IN EITHER CASE, if you have been working with us,  all of your data that we have is immediately able to  appear as the identification information on your required  I-9 forms.   No data re-entry is required.   You will just  have to check the items on the drop-down lists that  correspond to the authentication documents for each employee, enter the passport, driver's license, or other  number(s), and print a copy of the Form I-9 for that  person and your company representative to sign.

The beauty of having the Form I-9 online is:

    It is all web based, so you only need your browser and it is
as easy to use as the rest of our Client Interface.

    Our system automatically keeps an audit trail of whose login
was used to approve each Form I-9.

    You can always call up any Form I-9, look at it, or print it.

    You can always print a list of your completed I-9 forms to make
it easy for you to compare with your other lists of employee
data for your internal auditing purposes.


    As with all of your other data that we store for you, your
complete data set can always be downloaded to you for your
other purposes.

    If the Government requires you to electronically transmit a
file of all your I-9 forms, that functionality is ready.

    If DNA swab data, fingerprint classification data, retina scan
data, facial recognition data, hand vein pattern data, blood
type data, or the storage of other biometric data become
mandatory, you will be ready at no additional cost and with
no additional learning curve.  Our Form I-9 is Biometrically
Enhanced.

If a new law passes, and depending upon what passes, this legislation will become a big deal for employers.     That is why we urge you to think about the possibilities.     Actually, you should already be 100% sure that you  have all your I-9 forms in order.

We are trying to get you to realize some of what could be buried  in the new Immigration Reform law that will effect you the employer, and we are providing tools to help you avoid the big new fees and fines.

We will all be waiting to see what Act, if any, is signed into law.   We are staying on top of this situation, so feel free to call us to discuss any aspect of your compliance efforts.   As always, you can call   The Integrity Center, Inc.   anytime at   (972) 484-6140.   Helping you with your Risk Management and HR Automation is what we do.


EARLIER
NEWS ITEMS
The Resume
   Problem
Immigration Reform
   Will Mean:
   Employers MUST
   Enforce
   Employment
   Eligibility
   Verification
Economic
   Espionage
Guerrilla
   Reference
   Checks
The Mobile
   Integrity
   Connection (tm)
NEW U.S.
   Law Increases
   Employer Risk
Time
   To
   Shred
Three New
   H.R. Videos
"7 Ways
   To Avoid
   Employees From
   Hell"
Form I-9 Update
   and NEW
   Form I-9 Tools
New Federal Laws
   To Consider
Access To News
   Items For HR
   And Security
   Professionals
Sarbanes-Oxley
   and
   Background
   Checking
Using
   Credit Bureau
   Reports In The
   Hiring Process
Talent Assessments
   Before Mergers
   Acquisitions
   or Investments
Vicarious
   Liability
Medical
   Identity Theft
Federal
   Civil
   Litigation
   Histories
New Items
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   Security
   Professionals
Employers
   Offer Help
   Fighting
   I.D. Theft
Avian Flu:
   Business Thinks
   The Unthinkable
New Federal
   Rules That
   Govern Online
   Recruiting
Gaffe Shows Need
   To Screen Current
   Employees At
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The
   Baby Boomer
   Exodus
Document
   Disposal Law
   Kicked In
   June 1, 2005
A New Wrinkle
   On Age Bias
Don't Let Your
   Vendors
   Compromise
   Employee
   Identity Data
Annoying Hacking
   Has Now Become
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Persuading
   Your Company
   Management To
   Encourage
   Training
Mainstream Media
   FINALLY Address
   Risks Of Using
   Databases For
   Employment
   Screening
HR Automation
   Can Improve
   Company Finances
   And Innovation
Employers Beware
   The
   "Seal of Approval"
Identity
   Verification
The
   Outsourcing
   Hole
Cyber Age
   Employee Crimes
Security Risk
   From Mobile
   Media Devices
More FCRA
   Amendments
   Could Be Coming
   By Year's End
The FCRA
   Was Amended
   On 12/4/03
Physical Security
   and Information
   Security are
   Merging
Increase
   HR Productivity
Homeland
   Security
   Guidelines
Sarbanes-Oxley:
   Road To
   Compliance
WARNING
Stored Data
   Warning Signs
How to FIND,
   FIX or FIRE,
   Your POOR
   PERFORMERS
ID Verification --
   Inexpensive and
   VERY Effective
The Darkest Side
   Of Identity Theft
Companies Dig
   Deeper Into
   Executive's Pasts
Fraud And New
   Scrutiny Of
   Executives
Be Careful With
   Instant Messaging
   and Wi-Fi
STRESS
Identity
   Management
California
   Data Privacy Rule
Obtaining
   Criminal Histories
   In New York State
"The Privacy Rule"
   in HIPAA
Putting A Crimp In
   The Management
   Of Spam
New Technology
   Facilitates
   Corporate
   Espionage
Identity Theft
   Checklist
Monitoring
   Employees
The Domestic
   Security
   Enhancement Act
NEW
   Overtime
   Pay Rules
The High Cost
   Of Penny-Ante
   Scams
"Signs" That
   You Need To Do A
   Periodic Check
FTC Charges A
   Company With
   FCRA Violations
The NEW
   Integrity
   Connection (tm)
Workplace
   Safety
   Checklist
HR is Splitting
   Into Two
   Separate Parts
Keep Your Eye On
   RFID Technology
Improv At
   The Interview
Real Security
   Won't Come Easy
   Or Cheap
DOs & DON'Ts
   To Minimize
   Violence
Identity
   Theft
Snapshots of
   Federal Laws
TIPS for
   Gramm-Leach-Bliley
   Compliance
The Sarbanes -
   Oxley Act
NEW Calif.
   Background
   Checking Laws
The Benefits
   Of Online
   Job Applications
Compensation
   --- Now It's
   Getting Personal
The United States
   Security Network
Supreme Court
Limits ADA
Supreme Court Will
   Review Law On
   Age Discrimination
Management Sleaze
The Examiner (tm)
Helps You Uncover
The New Face
Of Corporate
Responsibility
The Sarbanes-Oxley
   Corporate
   Reform Law
The Corporate Spy
National Wants and
   Warrants Illegal
No Dangerous
   Jobs For Disabled
Security
   Precautions
   for Businesses
Terminating
   An Employee
Listening in an
   Interview
Arbitration
   vs.
   Litigation
Supreme Court
   Eases Rules for
   Workers Who Sue
Drug Abuse
   Statistics
The Enemy
   Within
Priority:
   Integrity
Funding Terrorism
   With
   Information Theft
Corporate America
vs.
Copyright Theft
Mental Illness
   Workplace Costs
How to
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Lying
   On Resumes
Workplace
   Guidelines
   To Be Voluntary