Posted by
Katy Grimes on Tuesday, June 17, 2008 7:10:48 PM
I received the following email from a Labor Lawyer today:
I-9 auditor says, ‘Most companies fail this test’
Using a four-step test, attorney Jim Velasco audits companies’ I-9 procedures to make sure they comply with government standards. Most companies fail the test.
When Velasco walks into a company, he asks four major questions - pretty much the same ones a government inspector will ask when investigating an I-9 violation:
1. Do you have policies and procedures for verifying an employee’s identity, and are they in writing? Has top management signed off on them? At a minimum, the policies should adhere to the requirements outlined in Form M-274 Employer Handbook from the U.S Citizen and Immigration Services.
2. Do you conduct awareness training for staff who deal with I-9s? And is the training documented?
3. Do you conduct sample audits of verification documents, including the I-9 forms and supporting documents? You can do the audit with in-house staff or hire an audit professional.
4. If you find problems with a sample audit, do you conduct a wider audit to see if the problems are widespread?
Velasco, writing in the summer issue of “Relationships” magazine, says that besides failing the four-part test, 30% to 50% of the companies have compliance problems just with the I-9s themselves.
A big reason to take the four steps: Besides uncovering mistakes, the procedure amounts to an excellent “good faith” defense - that you’ve given it your best shot to comply - if government investigators do uncover a violation.
And I wrote back:
this is all good information but I want to know why we can't verify the validity of applicants' documents with the government?
I used to be able to log onto the employer page on Homeland Security's website, and verify the citizenship of an applicant. Then one day it just locked me out. I've since read that it's no longer available - no explanation, nothing for employers to help us comply.
So now, I have to be a document expert, and when I identify a questionable document, no one from the government assists me with how to handle the situation. I can't hire the employee, nor can I not hire them for fear of discrimination. I tell them to go to their nearest social security office, but no one from the INS, Homeland Security, Social Security will talk to me, much offer help.
Instead, we employers are threatened with the ramifications for the improper care and keeping of our filing systems. Our "validity" is questioned, our businesses threatened, instead of the illegal alien with the phony documents.
Go figure.