W. Garnett & Associates: Human Capital Management Solutions » 1-9 http://wgarnett.com Human Capital Management Solutions For The REAL World Sun, 05 Sep 2010 17:40:24 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 I-9 Compliance Audits Catch Both Good and Bad Employers http://wgarnett.com/wes-blog/i-9-compliance-audits-catch-both-good-and-bad-employers/ http://wgarnett.com/wes-blog/i-9-compliance-audits-catch-both-good-and-bad-employers/#comments Sun, 05 Sep 2010 17:04:11 +0000 wgarnett http://wgarnett.com/?p=3699 In 2009, Janet Napolitano, DHS Secretary, stated that the DHS would place more focus on employers to tackle illegal immigration. An increase in audits of Employee Eligibility Verification forms (I-9s) was expected by many as the DHS and ICE cracked down on what many in government believe to be the root cause of illegal immigration: the willingness of some U.S. employers to hire illegal aliens.

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]]> http://wgarnett.com/wes-blog/i-9-compliance-audits-catch-both-good-and-bad-employers/feed/ 0 Form I-9 Audits Coming Soon http://wgarnett.com/wes-blog/form-i-9-audits-coming-soon/ http://wgarnett.com/wes-blog/form-i-9-audits-coming-soon/#comments Sat, 04 Sep 2010 15:39:41 +0000 wgarnett http://wgarnett.com/?p=3733 When auditing an employer’s I-9 forms, ICE agents regularly find at least ½ of all forms reviewed have some kind of error. Each error can result in civil penalties with fine amounts ranging from $110-$1100 per occurrence.

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]]> http://wgarnett.com/wes-blog/form-i-9-audits-coming-soon/feed/ 0 When ICE Comes Knocking, It May Be Snowing Form I-9 Fines http://wgarnett.com/wes-blog/when-ice-comes-knocking-it-may-be-snowing-form-i-9-fines/ http://wgarnett.com/wes-blog/when-ice-comes-knocking-it-may-be-snowing-form-i-9-fines/#comments Sun, 22 Aug 2010 14:52:06 +0000 wgarnett http://wgarnett.com/?p=3693 Immigration is a hot topic – again.  Arizona’s stringent new immigration law was challenged by the Obama administration, suggesting, among other arguments, pre-emption of federal immigration laws.  Judge Susan Bolton of the Federal District Court in Phoenix issued a preliminary injunction against some of the more controversial sections of Arizona’s law.  Under Judge Bolton’s ruling Arizona state police cannot make it a state crime to fail to carry immigration documents.  Judge Bolton further held that Arizona state police officers who have not been trained under Section 287(g) of the Immigration and Nationality Act may not check a person’s immigration status while enforcing other laws.

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]]> http://wgarnett.com/wes-blog/when-ice-comes-knocking-it-may-be-snowing-form-i-9-fines/feed/ 0 DHS New I-9 Regulations Penalties and Fines http://wgarnett.com/wes-blog/dhs-new-i-9-regulations-penalties-and-fines/ http://wgarnett.com/wes-blog/dhs-new-i-9-regulations-penalties-and-fines/#comments Sun, 22 Aug 2010 14:31:47 +0000 wgarnett http://wgarnett.com/?p=3692 Maintaining compliance with I-9 rules and regulations is not just good business sense—it’s the law. There are severe legal repercussions for employers who do not maintain compliance, including costly fines and possible criminal prosecution, depending upon the infraction.

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]]> http://wgarnett.com/wes-blog/dhs-new-i-9-regulations-penalties-and-fines/feed/ 0 Are You an HR Person With an I-9 Mess on Your Hands? http://wgarnett.com/news/are-you-an-hr-person-with-an-i-9-mess-on-your-hands-2/ http://wgarnett.com/news/are-you-an-hr-person-with-an-i-9-mess-on-your-hands-2/#comments Thu, 29 Jul 2010 13:50:16 +0000 wgarnett http://wgarnett.com/?p=3633 While you may be a very capable Human Resources expert concerning Form I-9 issues, what if your predecessor was not?  Your company may be at tremendous risk because ICE auditors will not only look at your current I-9 forms, but will also request all of your terminated employees’ forms for the past 3 years.

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]]> http://wgarnett.com/news/are-you-an-hr-person-with-an-i-9-mess-on-your-hands-2/feed/ 0 Punishing Employers: ICE has a Renewed Commitment http://wgarnett.com/wes-blog/punishing-employers-ice-has-a-renewed-commitment/ http://wgarnett.com/wes-blog/punishing-employers-ice-has-a-renewed-commitment/#comments Sun, 27 Jun 2010 14:35:01 +0000 wgarnett http://wgarnett.com/?p=3552 The strategy is a 2-pronged approach.  It includes aggressive criminal and civil penalties against employers who knowingly violate immigration laws, and continues to implement programs such as E-Verify (verifies employment eligibility to work in the United States) and IMAGE.

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]]> http://wgarnett.com/wes-blog/punishing-employers-ice-has-a-renewed-commitment/feed/ 0 I-9s and Independent Contractors – What You Need To Know http://wgarnett.com/wes-blog/i-9s-and-independent-contractors-%e2%80%93-what-you-need-to-know/ http://wgarnett.com/wes-blog/i-9s-and-independent-contractors-%e2%80%93-what-you-need-to-know/#comments Sat, 19 Jun 2010 15:28:56 +0000 wgarnett http://wgarnett.com/?p=3544 Responsible business executives and HR managers must take affirmative steps to ensure that their own verification procedures, as well as those of the contractors they use, are in order, and remain vigilant for any signs of non-compliance.  This will help to minimize their risk and avoid costly fines, embarrassing PR and in some cases criminal prosecution.

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]]> http://wgarnett.com/wes-blog/i-9s-and-independent-contractors-%e2%80%93-what-you-need-to-know/feed/ 0 The Key to Immigration Compliance – Know Your Workforce http://wgarnett.com/wes-blog/the-key-to-immigration-compliance-know-your-workforce/ http://wgarnett.com/wes-blog/the-key-to-immigration-compliance-know-your-workforce/#comments Sat, 19 Jun 2010 15:03:59 +0000 wgarnett http://wgarnett.com/?p=3527 ICE agents use many tools to conduct these worksite enforcement investigations, among them ICE’s Forensic Documents Laboratory, which determines the authenticity of documents used to establish employment eligibility. ICE also works with the private sector to educate employers about their responsibilities to hire only authorized workers and how to accurately verify employment eligibility.

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]]> http://wgarnett.com/wes-blog/the-key-to-immigration-compliance-know-your-workforce/feed/ 0 Avoid an Immigration Audit – Steps You Can Take http://wgarnett.com/wes-blog/avoid-an-immigration-audit-steps-you-can-take/ http://wgarnett.com/wes-blog/avoid-an-immigration-audit-steps-you-can-take/#comments Tue, 08 Jun 2010 14:03:45 +0000 wgarnett http://wgarnett.com/?p=3489 Are there steps you can take to avoid an immigration audit? Employment is usually the primary motivating factor for individuals to reside in the U.S. illegally. The purpose of the employment eligibility verification laws is to remove the incentive to illegally reside and work in the U.S. by requiring employers to hire only individuals who may legally work in this country. 

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]]> http://wgarnett.com/wes-blog/avoid-an-immigration-audit-steps-you-can-take/feed/ 0 What You Don’t Know Could Be Costly – Eligibility Verification http://wgarnett.com/wes-blog/what-you-dont-know-could-be-costly-eligibility-verification/ http://wgarnett.com/wes-blog/what-you-dont-know-could-be-costly-eligibility-verification/#comments Sat, 29 May 2010 15:20:15 +0000 wgarnett http://wgarnett.com/?p=3470 The forms can be confusing and difficult to complete, and employers often make mistakes that cost their companies thousands of dollars in penalties and sanctions, and even criminal prosecution. Federal immigration officials or the Department of Homeland Security (DHS) may ask a company to produce accurate I-9 records and failure to do so constitutes a violation.

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