Employers are answerable to complete and advance I-9 application accommodation analysis forms for every worker, alike if the alignment is application E-Verify to validate assignment authorization.
“E-Verify is not a backup for the Anatomy I-9 but rather an added band of protection, black certificate and character annexation to a assertive extent,” said Dawn Lurie, a actor in the Washington, D.C., appointment of Polsinelli and a nationally accustomed able on Anatomy I-9 and E-Verify compliance. “In a adequately inefficient manner, administration charge aboriginal complete the I-9, either on cardboard or electronically, and then, if enrolled in E-Verify, advance or key in the advice to the government’s Internet-based system.”
Golden Application Group in Minneapolis begin this out the adamantine way afterwards actuality ordered to pay $209,600 in civilian penalties for hundreds of Anatomy I-9 violations.
The staffing aggregation argued afore the Justice Department’s Executive Appointment for Immigration Review that complete I-9 forms were not all-important in some cases, because it had absolute those employees’ application accommodation through E-Verify.
Golden Application began application E-Verify in 2008. In some instances, the aggregation had bootless to complete assertive sections of the Anatomy I-9 back an employee’s accommodation for application was accepted by E-Verify.
As the aftereffect of an April 2013 Immigration and Customs Administration (ICE) audit, Judge Ellen K. Thomas begin that Golden Application committed 465 I-9 violations, of which 236 were for not advancing I-9 forms and 89 were for declining to appropriately complete I-9 forms. Thomas begin an added 140 violations for declining to appropriate present I-9 forms. She declared that application the E-Verify affairs does not insulate an employer from the call of able I-9 completion.
“Form I-9s are binding in the ambience of federal law while E-Verify is autonomous for best businesses, alfresco of federal affairs and businesses accountable to assertive accompaniment or canton regulations,” Lurie said. “In fact, a aggregation cannot use E-Verify after aboriginal commutual the Anatomy I-9 correctly. Advice entered into the E-Verify arrangement charge appear from the anatomy itself, not the character abstracts or from the agent directly.”
The E-Verify Memorandum of Understanding, which administration charge assurance as a action of accord in the program, states that enrolling in E-Verify does not absolved an employer from the requirements to complete, absorb and aftermath I-9 forms for its employees.
“Think of E-Verify as an add-on to the Anatomy I-9, an allowance artefact of sorts,” Lurie said. But administration shouldn’t accede it a safe anchorage from worksite enforcement, she added.
“If you abusage the system, or if assertive ambiguous patterns are noticed by ICE, you may acquisition your aggregation visited by auditors. I commonly admonish administration not to accept in E-Verify until we are assured that their Anatomy I-9 processes and procedures are tight, that their agents is appropriately accomplished and they accept conducted an centralized analysis beneath the administration of alfresco counsel.”
Roy Maurer is an online editor/manager for SHRM.
Follow him @SHRMRoy
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