USA - Validate Employment Eligibility Thru I-9 Form

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Every US Employer need to validate the eligibility of employment of anyone who will begin working for the company or organization. This function is normally executed by the Human Resource Professional who provides the Initial Orientation of the new employee at Day One.

Recently, the Department of Homeland Security, USCIS released the latest version of the I-9 Guide for immediate use by US employers. This new Guide bears a date as 06/01/11. US Employers are required to follow and maintain a documentation procedure for the compliance of I-9 Form (Employment Eligibility Verification Form). Instruction about the form’s content and how it should be administered is located on page 3 and 4 and page 5 bears the required and complete information and the page 6 illustrates the documents that will substantiate eligibility for employment within the continental United States of America. The new 2011 version of the I-9 document with expiration date as 8/31/12, can be found at USCIS website.

The Department of Homeland Security (DHS) published higher civil fines against employers that violate federal immigration laws; as of March 27, 2008, monetary penalties increased approximately 25 percent. Penalties will be given on a per-alien basis—if an employer knowingly employed or continues to employ five unauthorized citizens, five separate fines may be charged.


In 2011, the Department of Justice has been continuously prosecuting employers who were violating the Employment Eligibility Verification. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin. 


“All workers who are authorized to work in the United States have the right to work without encountering discrimination because of their immigration status or national origin,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are committed to vigorously protecting authorized workers from discrimination in the hiring process and ensuring that employers uphold their obligations under the law.” 


To see the most recent case in regards to Employment Verification.

I-9 Inspections Campaign 

Per SHRM Website, The U.S. Immigration and Customs Enforcement (ICE) has launched a new I-9 inspection campaign across the country, targeting employers suspected of employing unauthorized workers. These “inspections” are announced by service of a subpoena calling for production of Forms I-9 for all current employees and for all employees terminated over the past year. You can also find information at the USCIS Website.


“Employers may not treat authorized workers differently during the employment eligibility verification process based on their citizenship status,” said Thomas E. Perez, Assistant Attorney General in charge of the Civil Rights Division.   “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.”


To see the most recent Settlement to an Employment Eligibility Violation.

Perspectives:
The Rule on Employment Eligibility is very clear on what are required and needed in order to complete the complete procedure by a Human Resources Professional or his/her representative who is conducting the verification.

Employers found in violation to the I-9 Form will be penalized with fines and at certain situation a jail time will be imposed. 

It is always necessary to be mindful about the organizational risks that are related to non-compliance of the Eligibility of Employment Certification. If you are not certain that you are following the complete regulation, hire an experienced human capital consultant who  can assist you with the compliance and management.  


It is recommended to keep handy a current e-copy of the  I-9 Form (Employment Eligibility Verification Form) and the Employer's Guide for Employment Eligibility Verification.

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Influencing Teams on Customers Business Needs

In every business, there is always a functional responsibility among team members regarding communications, interactions and maintaining relationships with clients or customers. The question is how often someone needs to communicate with a particular client or customer? Your guess is as good as mine.

Ask each of your team members to complete the following open statements to test their responsibilities on relationships with customers or clients. 

     1. Our clients / customers would be happier if we will be able to ….. 

     2. Our clients / customers would be happier if we would be a little less …. 

The above knowledge test can be conducted during a team meeting or during a group meeting with random inquiry to any team member. 

Perspectives: 

Maintaining interactive relationships and results oriented experience among clients or customers are essential. However, they would be happier when your pro-active pulse checks on their business needs are always there. Knowing their dos and don’ts while doing business with them is always a win-win strategy. When they are happy in doing business with you, they will come back, continue or retain in working with you. 

Sharing with us the knowledge test output from your team members on how much they know about your clients or customers would be appreciated. Please feel free to send your comments at the section provided below or email it to: info@jntconsulting.com 

Disclaimer: 

Both questions were paraphrased from Donald Cooper’s June 2011 E-Newsletter. Donald Cooper, MBA, is a management speaker and coaches internationally on marketing, management and business excellence. His website can be found at - http://www.donaldcooper.com

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Following Rules and Laws Undermines Inefficiencies

The Final Rule has been issued regarding the Employment Eligibility Verfication Form, most often referred to as the I-9 Form.

The USCIS has adopted without change, an interim rule to improve the integrity of the Employment Eligibility Verification Form I-9, that was in effect since April 3, 2009.

Highlights of the Interim Rule Adopted by the Final Rule:
1. Prohibiting employers from accepting expired documents
2. Revising the list of acceptable documents by removing outdated documents and making technical amendments
3. Adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

To read the details of the Interim Rule dated April 3rd, 2009, please click the link below;

USA: Revised I-9 Guideline Takes Effect Today - April 3rd 2009

Please click on the link to read the revised I-9 Employer Handbook 

Perspectives:
Review the actual  documentation guide of the I-9 Form on pages 51, 52, and 53 of the I-9 Employer Handbook, it illustrated the different legitimate documentations that are valid and acceptable for US Employment Eligibility. The current version of the Form I-9 (Rev. 08/07/2009) is the Form that employers must use when performing the Employment Eligibility Verification of any New Hire.

A good business practice in managing Human Capital is to have all hiring managers and everyone involved in the "hiring and on-boarding process" to get trained and coached with the different concepts and appropriate documentation for I-9 compliance and management.  In that way, the risks of hiring the wrong individual will be minimized and avoid additional burden to the organization.

Oftentimes, Start-ups and small organizations miss the value of this aspect during hiring - I - 9 Eligibility Verification.  It is often looked at as a bureaucratic impediment to their  fast pace environment. However, when they see the benefit of having employees who passed the Eligibility Verification - this will keep their Human Capital Assets and organization into higher level of competency.  Risks were strategically diminished in that area.

If your organization does not have a Human Capital Management Department, hire an experienced  External HR Business Partner / Consultant, who will assist you in the execution of this 'On-Boarding Process' in that way the compliance and management of the I-9  will be executed properly.  An external HR Business Partner can help you in navigating the many areas of your Human Resources and People Management.

Share us your thoughts and ideas by sending your email to: info@jntconsulting.com or write your comments at the comments section below. 
 

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