SOURCE: Form I-9 Compliance, LLC

 

NEWPORT BEACH, CA--(Marketwire - July 2, 2009) - United States Immigration and Customs Enforcement (ICE) has launched a bold, new Form I-9 audit initiative wherein ICE has issued Notices of Inspection (NOIs) to 652 businesses nationwide -- which is more than ICE issued throughout all of 2008. The Notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification (Form I-9) laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative illustrates ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure legal workforces.

"ICE is committed to establishing a meaningful Form I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Department of Homeland Security Assistant Secretary for ICE, John Morton.

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This Form requires employers to review and record, in a timely fashion, the individual's identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and relate to the individual.

The 652 businesses being presented with a NOI for formal Form I-9 audits have been selected for inspection as a result of leads and information obtained through other investigative means. Due to the ongoing law enforcement sensitive nature of these audits, all of the names and locations of the businesses were not released at this time.

In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The nationwide initiative being launched is a direct result of this new strategy.

The Issues

These official federal Form I-9 audits are certain to cause concern among employers who have complained that identifying illegal workers is fraught with problems, from recognizing fraudulent identity documents to the risk of violating anti-discrimination laws. Form I-9 audits uncover a range of issues from I-9 paperwork violations to administrative violations, to violations that result in severe criminal charges. Depending on what is discovered by these federal investigations, employers will face various punishments such as fines, prohibition from federal contracting to criminal prosecution. Employees also could be charged with identity theft or document fraud.

EMPLOYERS NEED A SOLUTION IMMEDIATELY.

The Solution: Form I-9 Compliance's 3 STEP PROCESS

Form I-9 Compliance, LLC, the first federally approved Designated Agent of the Department of Homeland Security (DHS) and the Social Security Administration (SSA) for web-based employment verification through the E-Verify Program, offers employers their "3 STEP" RISK ANALYSIS AND REMEDIATION PROCESS to proactively address overall compliance with the Form I-9 processes and procedures:

STEP 1: SSN "No Match" Protocols - Automated submission of employer payroll records to the Social Security Number Verification Service (SSNVS) to identify employees with "No Match" problems. (This process is conducted for payroll purposes only);

STEP 2: Form I-9 Vulnerability Assessment Audits - Form I-9 Audits proactively conducted by Form I-9 Compliance, help to ensure full compliance with the requirements of the Immigration Reform and Control Act (IRCA) and its subsequent amendments;

STEP 3: Scanning and Indexing of Form I-9s - Once the I-9 Forms have been audited by our senior auditing staff, the employer legally makes the appropriate changes and the corrected I-9's are scanned into an electronic database to create a completely paperless Form I-9 database.

These advances, coupled with Form I-9 Compliance's already highly technologically advanced and secure web-based electronic error-detecting Form I-9, and the most user friendly direct interface with the E-Verify Program, provide employers with an unparalleled I-9 Management Solution for all of their needs for legally defensible Form I-9 administration and proactive Social Security "No Match" protocols. In addition, as employers are increasingly aware, the creeping scope of Sarbanes-Oxley has created a need to be compliant in all legal arenas and places a new focus on the proper administration of Form I-9 processes and procedures.

"With the leveraging of technology for these three services, Form I-9 Compliance has created the most user friendly, cost effective and comprehensive I-9 Management Solution for employers to adopt 'Best Practices' protocols for all of their Form I-9 administration needs," said John M. Hermann, Chief Executive Officer of Form I-9 Compliance. "This unique application of technology in all of our service offerings is not duplicated by any other provider," added Mr. Hermann. "We are now able to clearly demonstrate to any employer that an investment in our I-9 Management Solution will lead to a significant return to the employer in terms of increased cost efficiencies and significantly reduced vulnerabilities to potential fines and negative publicity."

Commenting on the "Human Element" in Form I-9 Compliance's suite of services, Mr. Hermann stated that "in addition to the latest industry leading technology applications announced today, we have assembled a highly qualified and knowledgeable staff of in-house senior auditors. Each of these individuals has more than 20 years of Form I-9 auditing experience. They are available to conduct on-site or off-site Vulnerability Assessment Audits, make recommendations for correcting flawed I-9 Forms prior to scanning and indexing, and to conduct focused training in proper Form I-9 administration. This nation-wide cadre of senior auditors gives Form I-9 Compliance a significant edge over any other single provider in terms of its web-based technology applications and its auditing capabilities."

Mr. Hermann continued his remarks by saying, "Proactive employers who want to legitimately and objectively assess their 'legal exposure' as far as Form I-9 compliance is concerned, and simultaneously understand the degree of exposure with which their organization is confronted, should seriously consider placing their organization in a proactive position by utilizing our electronic applications. It will be tragic to watch the frenzied reactions of those employers who ultimately discover that 25%-35% of their workforce are blatantly illegal and there is no plan in place to backfill these employees. Now, employers can use the technology created by Form I-9 Compliance as an accurate and timely 'early warning system.'"