In a recent aggressive action by ICE, a Washington state herb grower was fined $1 million and pleaded guilty to  felony offenses with five years probation for knowingly hiring undocumented workers.

As is customary in these cases, ICE began with an audit of the company’s I-9 forms, which uncovered significant discrepancies. Of the 300 I-9 forms reviewed, more than 200 were suspect.  In a plea agreement, HerbCo International, Inc. admitted to knowingly hiring undocumented workers in violation of the Immigration Reform and Control Act.  Three company executives, including  the vice president and general manager, were prosecuted and pleaded guilty to a misdemeanor offense of aiding and abetting in the employment of illegal workers. They were all sentenced to one year probation.  As stated by ICE, “businesses that engage in this unlawful practice should take note of the significant penalties and take proactive steps to comply with the law.”

Last fiscal year, ICE filed criminal charges against a record-breaking total of 221 owners, employers, managers and/or supervisors for hiring undocumented workers and other employment-related immigration violations.  These most recent prosecutions underscore this administration’s continuing policy to prosecute employers for immigration based employment offenses, rather than go after the foreigner him/herself. Enforcement remains a priority for this Administration.

It is critical for employers to ensure their I-9 forms are compliant with the law before an audit is requested.  The most comprehensive and safe way of ensuring compliance is to conduct an independent I-9 audit of your company’s forms. Contact us today to discuss how we can assist you and your organization to verify employment eligibility for all your employees with a comprehensive Compliance Program. We are here to help!

On May 10, 2012, Attorneys John Wilson and Grace Miller will be giving a presentation on Form I-9 and E-Verify at the Delta Dental Auditorium in Concord, New Hampshire. Registration is now open!

This workshop will provide an in-depth look at each section of the I-9 Form and the Lists of Acceptable Documents. Your questions about E- Verify will also be answered, as we will explain the program, how it relates to the I-9 Form and the obligations created by enrolling and participating in E-Verify.

Each participant will receive GoffWilson’s up-to-date reference workbook that has been tailored to contain a practical guide to completing the Form I-9, examples of correctly completed I-9 forms using the most recent documents issued by US Citizenship and Immigration Service, frequently asked questions and issue spotting examples.

The presentation will be from 8 a.m. to 11:45 a.m. and a yummy breakfast will be provided. GoffWilson is pleased to offer participants three recertification credit hours through the HR Certification Institute for PHP, SPHR and GPHR.

For more information and to register for the event, please click here.

On March 29, 2012, the U.S. Citizenship and Immigration Service (USCIS) announced the registration period for Temporary Protected Status for Syrian nationals is now open for a 180-day period that begins on March 29, 2012 and ends on September 25, 2012.  Syrian nationals (and persons without nationality who last habitually resided in Syria) must register for this status with USCIS.  Once registered, eligible Syrian nationals will not be removed from the United States and may request employment authorization.

To be eligible, Syrians must meet the individual requirements and demonstrate that they have continually resided and been continually physically present in the United States since March 29, 2012. Syria joins the following countries that are currently designated for TPS status:  El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan and South Sudan.

Upon application, Syrians with TPS designation will receive an Employment Authorization Document.  To employ a person with TPS, employers are still required to complete an Employment Eligibility Verification Form (Form I-9) and accept the reasonably genuine documentation that appears on the lists of accepted documents.  Employers may not request proof of Syrian citizenship when completing the I-9 Form.

If you have any questions, please contact our office.

It has been nearly impossible to miss the news of violence and civil unrest coming from Syria this year. It is estimated that hundreds of people have already died in clashes between the opposition and the current regime, especially the attack on the city of Homs. Currently the violence shows few signs of letting up. Because of this, the United States is providing temporary safety and employment authorization to Syrians already in the U.S.

Janet Napolitano, the secretary of Homeland Security, has announced that the Department of Homeland Security will be designating Temporary Protected Status (TPS) to citizens of Syria currently in the US.  TPS is a temporary immigration status granted to citizens of the foreign country who are present in the United States and unable to return to their home country due to an ongoing armed conflict, environmental disaster or other extraordinary and temporary conditions until the threat to personal safety has dissipated. Citizens of Syria may enroll in the program and thus receive employment authorization while remaining in the United States in TPS.

The enrollment period has not yet opened. We are expecting an announcement in the Federal Register this week and we are monitoring the situation closely for our clients. The Federal Register notice will provide additional guidance on how to register for TPS, who is eligible to apply for TPS, and when TPS applications can be filed.

Employers will need to understand how to complete an I-9 form for an employee who has employment authorization through TPS. If you have any questions about the TPS application or the I-9 Form, give us a call or email. We are here for you!

As DHS automates the system, other government agencies and systems that rely on the I-94 card system will also need to be updated, automated or adjusted. One such agency that foreigners frequently have questions about is the Social Security Administration (SSA).

The Social Security Administration recently announced system updates for the Social Security Number Application Process (SSNAP) and the process for nonimmigrants to obtain a Social Security Number. (Click here to find the office nearest you). Additional changes can be expected in the near future.

Since several categories of the Form I-9 require employees to present a paper  I-94 card, it is important for employers to expect, and keep abreast of, the upcoming changes. Continue to read GoffWilson’s Immigration Blawg as these changes in the I-9 become effective. We will post any changes to the form or the I-9 process on the blog as they become available. Stay current on all I-9 issues and other immigration matters by relying on GoffWilson! It’s what we do.

Wondering about the I-9 Form or other immigration law issues? Contact GoffWilson today.

If you travel frequently to and from Canada, the new pilot program launched in January this year by the Department of State may be worth checking out.

On January 24, the Department of State’s Office of Passport Services launched a 90-day pilot program. It allows adult U.S. citizens living in the U.S. and Canada to apply for a passport card online.

Those applying online are not required to mail in their current passports. The wallet-sized U.S. passport card costs $30 for current passport holders, and is valid for land and sea travel to and from Canada, Mexico, the Caribbean, and Bermuda. It is not valid for international air travel.

To participate in the program, you need the following:

1. Valid U.S. passport  with a 10-year validity period  that has at least 12 months of validity remaining
2. Acceptable digital photograph
3. Make an online payment in U.S. dollars via Pay.gov.

The Department of State began producing the passport card in 2008 in response to travel document requirements imposed by the Western Hemisphere Travel Initiative (WHTI) when all persons entering and leaving Canada and the US were required to now have a passport. Since then, more than 4.5 million cards have been issued.

To apply for the passport card using the online application, visit their website.

And if you have any questions about immigration law in general, feel free to contact us!

On April 1, 2012, the U.S. Immigration Service will begin to accept new H-1B visa applications for those with specialized knowledge and advanced degrees. The actual start date for employment cannot be any earlier than October 1, 2012,  but we urge employers to start considering their hiring strategies now, because the coveted H-1B visas are limited in number (called the H-1B Cap).  Last year the H visas ran out in November. With current hiring trends and the economy looking better, we expect the H visas to be exhausted sooner than November this year.

Our 60 minute webinar (including 15 minutes of interactive Q & A)  will explain the nuts and bolts of H visas including basic eligibility to assist HR departments to evaluate candidates quickly, definition of common terms like OPT, STEM, cap-gap, portability and more, plus strategies for other visa options in the event H visas run out before you secure them for your potential employees. Our H visa webinar is currently pending HRCI credit.

Join us for the webinar on April 5, 2012 at 2 p.m., and be at the forefront of your hiring best practices to ensure you get the best and brightest talent for your business.  If you are interested in signing up, please email info@goffwilson.com and we will send you more details as we get closer to the date.

Did you know you can recapture unused time in H status? It is possible to file for an extension of an employee’s H status, and even recapture time that an employee has spent outside the U.S. while on an H status visa.

As you know, H visas are only valid for a total period of six years.  However, if you have an employee in H status and you want to continue to employ him or her, it may be possible to extend the visa beyond the six year limitation in one year increments, depending on the situation.

If you have filed a labor certification, an I-140 immigrant petition, or an employment-based adjustment application for the employee, and it is at least 365 days prior to the end of the H validity, or the I-140 has been approved, then you can file to obtain a one or three year extension of H status.

In addition, you should explore how much time the employee has spent outside the U.S. while in H status, because you can recapture all that time to push the end of the H-1B date into the future.  Also, depending on the circumstances, you may want to have the employee travel outside the U.S. during the current period of H status to gain additional time for recapture in the future to meet the extension requirement.

If you plan to recapture unused time in H status, you must provide an exact list of dates for each exit/entry into the U.S.. You also should be prepared to provide copies of entry and exit stamps in the passport, airplane boarding passes or e-tickets, frequent flier statements if available or appropriate, and any credit card statements showing dates of travel abroad. This type of documentary evidence is especially crucial when traveling to Canada or Mexico as stamps are not always placed in the traveler’s passport.

If you have questions about extending H status for an employee or how to recapture time, call us. This is what we do and we are passionate about immigration.

If the USCIS came knocking at your door tomorrow, would your business be ready? Although you know your business is complying with immigration regulations, you might not have all the documentation you need to satisfy the requirements of an audit–and that could lead to a lengthy, troublesome tangle with USCIS.

It’s real and happening now to employers all over the country with great frequency – The U.S. Customs and Immigration Service is conducting surprise visits to employers’ premises to review documents and confirm that all workers have the correct documentation. Would your business be prepared if USCIS decided to drop in?

If the USCIS does visit your business, you can ensure that the process is smooth and efficient by having the following documents and information ready to go.
•    Public access folder for any employee in H status that includes the prevailing wage information and benefits package.
•    A copy of the signed Labor Condition Application for all locations the H employee works.
•    I-9 Forms for active and termed employees required to be retained.
•    Payroll records.
•    Business information such as EIN#, owners names, other locations, number of H visa employees.
•    Audit files for any employee for whom resident alien status application has been made.

Best practice is to assemble a file containing this information, so that it is all in one place and easily accessible in the event of an audit.

If you need help getting this documentation in order, we can help. If USCIS or ICE shows up at your door, call us.  We specialize in I-9 compliance policies and H visa public access folders and training for HR staff. If you have multiple locations and a large number of employees with several people being involved in the I-9 process, give us a call to review your compliance.  We’ll  help you establish best practices to help you ace your I-9 or H-1B audit. It’s what we do!

The U.S. Citizenship and Immigration Services recently made an announcement that the Self Check Program is now available throughout the United States, Washington D.C., Guam, Puerto Rico, the U.S. Virgin Islands, and the Commonwealth of Northern Mariana Islands.

The Self Check Program is an online service for employees to check their own employment eligibility status through the Social Security Administration and the Department of Homeland Security.

The program enables individuals to access their federal employment eligibility records and offers guidance on how to correct any discovered record discrepancies prior to engaging in the hiring process. Similar to E-Verify, Self Check verifies that an employee’s name and Social Security number match and ensures that the name and number combination relates to an individual authorized to work in the United States.

To use the system, employees must enter their basic identifying information (date of birth, name, etc.) and take a short quiz. The short quiz includes identity-related questions, such as the employee’s previous street address and questions regarding the person’s home and/or mortgage, if applicable.

Once the quiz has been completed, the employee must enter identifying information from her/his documents to get the results.

If a mismatch is identified, the system will alert the employee, which will allow the employee additional time to correct the source of the mismatch prior to applying for employment with an employer who uses the E-Verify system.  The Self Check system is available in both the English and Spanish language.

While it is an easy system to use, employers cannot require any existing employees or potential employees to use Self Check under any circumstances. Furthermore, employers cannot require any individuals to submit a Self Check confirmation page prior to any employment.

The stated purpose of the system is to assist employees who are concerned that they may have a records discrepancy that may impact the hiring process. If you find an issue with the self check program or if your company uses E-verify or is considering switching to E-Verify, contact us for assistance. It’s all we do!