It sure does seem like we are seeing more Employment Eligibility Verification form (“form I-9”) audits and greater use of E-Verify at the state level these days. If that is your hunch, then I’m here to confirm that hunch as both are on the rise and the trend will likely continue for several reasons. First, the Department of Homeland Security (DHS) has repeatedly stated that worksite enforcement is a priority. One way in which DHS, and more specifically Immigration and Customs Enforcement (ICE), are pursuing this priority is through individual audits of companies’ forms I-9 as well as the issuance of waves of Notices of Inspection (NOI), which triggers a government inspection. Regarding the states, there are several factors driving their push for mandatory E-Verify. One is frustration with the U.S. Congress’ inability to address comprehensive immigration reform. Another is a measure of xenophobia. And a third is the U.S. Supreme Court’s decision in Whiting v. Chamber of Commerce, which essentially stated that Arizona’s E-Verify law was not pre-empted by federal law. Mix these components together and you have an increase in state activity mandating the use of the electronic employment eligibility verification program called E-Verify.
California Farm Bureau Federation is surveying its members to try to learn the extent and severity of labor shortages being suffered by California farmers during this harvest season. We've received anecdotal reports of 30%+ labor shortages (if you need 10 people, you have 7; if you need five crews, you have four, and so forth...)
If you're a farm employer and you have information to share about your labor situation, please check out the CFBF labor survey here.
Employer's Guidance under DACA
The U.S. Citizenship and Immigration Services (USCIS) began accepting requests, effective August 15, 2012, for consideration of Deferred Action for Childhood Arrivals.
As a result USCIS has begun to issue Employment Authorization Documents (EAD) to eligible aliens under the DACA program and employers may begin having employees wanting to change their employment identity. USCIS has published a guide for employers titled "Consideration of Deferred Action for Childhood Arrivals: Guidance for Employers." The publication gives employers guidance when a current employee presents a new identity and how to process a Form I-9 in such situations.
Click here for this USCIS guidance publication. See also Deferred Action Implications for Employers, a FELS Newsletter article on the subject of dealing with DACA as an employer.
Continue to Use the Current Form I-9 for Employment Eligibility Verification
Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.
Now
Available: Spanish Handbook for Employers
Click here for Spanish Version
A Spanish version of the Handbook for Employers (M-274), Instructions for Completing Form I-9 (Employment Eligibility Verification Form) is now available.
Immigration compliance newsletter: Form I-9 and E-Verify compliance tips and mistakes
Office of Foreign Labor Certification H-2A Employer Filing Tips
May 2012 - Download printable version here. - H2A 2012 Statistics click here
The following “filing tips” are based on the Chicago National Processing Center’s experience in processing H-2A applications during the previous filing season. These filing tips are intended to alert employers to common filing mistakes which can delay the processing of an H-2A application. Employers can obtain more detailed information on the H-2A program, including Frequently Asked Questions (FAQs), by visiting the OFLC website at: http://www.foreignlaborcert.doleta.gov/h-2a.cfm
Accurate I-9 forms are more vital than ever
(Also see: USCIS proposes new I-9 employment verification form)
ByThis email address is being protected from spambots. You need JavaScript enabled to view it. Derrek Sigler, Assistant Editor *
When Blair Babcock, an agent with the Department of Homeland Security's Immigration and Customs Enforcement, spoke to attendees of the West Michigan Ag Labor meeting Feb. 15, he was running a little late. He was out that morning on an audit, and being I-9-compliant was fresh on his mind.
ICE Reported to Increase Form I-9 Inspections
According to Frank Gasperini, NCAE Executive Vice President, NCAE has heard, from what we believe to be credible sources that ICE field agents have been charged to do a significant number of employer audits for 2012 --- that they have been told to focus on agriculture and the restaurant trade because that is where they will find the largest numbers of illegals --- that they are told to seek high-profile/maximum press coverage type cases --- that they have been told to look a the biggest farms and restaurants --- and that ANYONE who had been I-9 audited and/or had any issues with DOL or DHS in the past would be looked at again in 2012.
Employer Best Practices During Worksite Enforcement Audits
The Office of Special Counsel for Immigration-Related Unfair Employment Practice has issued the following Do and Don't do list. Click here for printable version.
Social Security No-Match Letters Halted
After a long hiatus due to legal wrangling over proposed federal regulations that were subsequently withdrawn, the Social Security Administration (SSA) in April 2011 resumed its practice of sending out "no-match" letters for tax year 2010. A no-match letter advises an employer that the employer reported to SSA an employee name and social security number that do not match SSA's records.