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| June 4,
2001 - The INS is currently conducting random audits of the Employment
Eligibility Forms (I-9) at San Francisco bay area high technology
companies to ensure compliance with U.S. Immigration laws. At present,
the focus is on high-tech and dot.com businesses in this area. However,
the INS has indicated that expansion of this program to a nationwide
level is possible.
Under the immigration laws, employers must verify that their employees have the right to work in the United States and document that such verification was completed. It is also illegal for employers to knowingly employ workers who do not have authorization. Often the requirements are confusing, especially when a company employs foreign workers and the company is presented with many different documents used in the immigration process. Many computer companies employ foreign professionals who require INS work authorization, so it is natural that the INS would target these types of employers. Initially, 40 California companies within the high-tech sector have been selected at random for INS audits. These companies were to be notified by end of business, Friday, June 1st, but INS has indicated that it may extend this deadline. INS claims that these audits are expected to last 30 to 45 minutes, depending on the size of the company. INS investigators will do a spot check of I-9 forms and advise the employer how to correct any paperwork violations. If other deficiencies or errors are found, INS will take original I-9 forms and cross-reference alien registration numbers and other information against the INS database. If the INS finds problems with work authorization and the company fails to rectify the situation, the INS can take action against the company. INS states that the intent of the audits is to educate companies, not necessarily to issue fines for paperwork violations. However, every company must seriously consider the potential for penalties, and ensure that its I-9 forms are in proper order. It is the view of Berry Appleman & Leiden that companies must vigilantly maintain effective I-9 procedures. In order to ensure that your company is compliant, part of the procedure would entail your regular auditing of existing I-9 forms. Compliance also includes proper training of everyone who participates in completing I-9 forms for your company. Please remember, as always, that Berry Appleman & Leiden is available to assist our clients with such audits, and to provide training to proactively protect against I-9 violations. |
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