Food for Thought - C03 – Caught!

Food for Thought - C03 – Caught!

It is illegal to hire anyone not authorized to work in the U.S. 

Laws work well when everyone obeys them, but we all know we don’t live in a perfect world.

In the following, you will see what happens when people decide the law is something that applies to everyone else; just not them – Caught!

All articles are direct links to News Reports

on the reporting agency’s website.

 (All suspects are considered innocent until 

proven guilty by a court of law)

Rhode Island Man Sentenced - Immigration Scam - Posing as an Official

Roofing company owner pleads guilty to conspiring to smuggle illegal aliens, insurance fraud

Employment Agency Owner Sentenced for Visa Fraud

$2 Million Worth of Fake Documents - Website Owner Busted

Illegal Guatemalan gets two years in prison for conspiracy to provide false identity documents to more than 100 illegal aliens

Food for Thought – HR 4 - Legal Pitfalls of Hiring Undocumented Workers

Food for Thought – HR 4

Legal Pitfalls of Hiring Undocumented Workers

The job interview is an interesting process.  It’s kind of a simultaneous dual sales-pitch.  The company wants to sell itself, and the applicant wants to sell him, or herself for the position.

It can be challenging to find a qualified candidate who is a good fit, and can bring value to the company, but…is the person authorized to work in the US?

The major draw for illegal immigrants to come to the U.S. is a job.  Companies looking to capitalize on cheap labor, while bypassing the law, only help to propagate illegal immigration, and keeps more US workers out of the job market. So…the premise of the law is that by eliminating the hiring of illegal workers, it will reduce the desire to disregard laws of legal entry.  If there is no job waiting for them, why risk the trip?  In theory, it works great…as long as everyone obeys the law.

Since 1986, every US employer has been required to verify the authorization of each new person hired, at the time they are hired, and to maintain those records.  The I-9 form can be located at the USCIS website – www.uscis.gov/forms.  There is also a handbook available for download that details the instructions for filling out the form, in addition to the legal obligations of the employer.

The instruction handbook can be accessed here - https://www.uscis.gov/sites/default/files/files/form/m-274.pdf

In another article from NOLO.com, Deborah Dyson talks about some of the legal pitfalls of hiring undocumented workers, that every hiring manager, business owner should know.

Legal Pitfalls of Hiring Undocumented Immigrants

In future posts, we’ll discuss what the laws state, and relate the consequences of not following the law.

D. Conley

Food for Thought - C02 – Caught!

Food for Thought - C02 – Caught!

It is illegal to hire anyone not authorized to work in the U.S. 

Laws work well when everyone obeys them, but we all know we don’t live in a perfect world.

In the following, you will see what happens when people decide the law is something that applies to everyone else; just not them – Caught!

All articles are direct links to News Reports on the reporting agency’s website.

 (All suspects are considered innocent until proven guilty by a court of law)

Penalties for Employers Hiring Illegal Immigrants

Former CBP Supervisor Sentenced for Smuggling Undocumented Aliens

Restaurant Owner Pleads Guilty to Illegal Workers & Tax Evasion

$1.5 Million Fine for Northern California Company after ICE Worksite Probe

Company Owner Sentenced for Knowingly Hiring Undocumented Workers

Federal Conviction for Two Company Managers - Knowingly Hiring Illegal Workers & ID Theft

Changing of the Guard - Trump Presidency

Setting politics and personalities aside; the election is over and we will soon have new management.  Understandably, change can be difficult for many people due to the uncertainty of what the benefits, or consequences, of what that change may bring.  We must all remember that change is inevitable.

There is a great deal of concern from those undocumented people, who are now afraid that they will be deported.

Although I have to admit that their fears are somewhat justified; it seems nearly impossible for the new administration to overcome the legal hurdles of processing, and deporting millions of people.  This is compounded because previous administrations seem to have not only “tolerated” illegal immigration, but that they have supported and even given rights to these people – which is why mass deportations seem highly unlikely.

As Non-Immigrant Labor is a specific concern to us, as well as our clients; it seems important that we try to keep you up to date, and refrain from editorializing.

Our best advice is:

1.  Follow the rules of law, especially for the programs you are using.  

2.  Stay on top of your documentation and use due diligence when reviewing new hire documents – E-Verify is a great tool!

Now begins the speculation, but some very good points are brought up.

Forbes - What Trump's Presidency Means for Illegal immigrants & Immigration to the US

Politifact - Trump's Immigration Plan

Polizette - Immigration Action Items for Trump’s First 100 Days

Wall Street Journal - After Tough Talk on Immigration, Donald Trump Gets a Policy Lever

Fortune - Mass Deportations and a Wall: Will That Really Be Part a Trump Presidency?

D. Conley

Food For Thought - HR 3 - Hiring Foreign Workers

Food For Thought – HR 3

Hiring Foreign Workers

In the previous two installations, we addressed the need for fairness to all applicants, and the need to use our “Due Diligence” and looking at the documents that were presented to us by our new hires.  The importance of this is illustrated in the following from Title 8 USC 1324a, para (3) as shown below:

" U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part VIII › § 1324a, Paragraph (3)Defense

"A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral."

After 1986, all US companies are required to verify that all new hires are authorized to work in the United States – again; the I-9 Form and the list of acceptable/approved documents.

There are other concerns facing companies and hiring managers.  Due to the litigious society we live in, you have to be careful when asking questions.  If not phrased properly, or if you ask the wrong things, you could very well face a discrimination suit. 

 For example:  you cannot ask about their birthplace or national origin; you cannot ask what religion they practice, or what religious holidays they observe, and you cannot ask how old they are.  These are just a few examples of questions NOT to ask.

In another NOLO.com article by Deborah Dyson, she brings up a few questions that every hiring manager should know.  “Do they have papers?  What if they don’t?  Can you ask if they have papers?” 

First Things You Need to Know About Hiring Foreign Workers

These are some of the points addressed, and are good reading for any business owner or hiring manager.

D. Conley

Food For Thought - C01 - Caught

Food for Thought - C01 – Caught!

It is illegal to hire anyone not authorized to work in the U.S. 

Laws work well when everyone obeys them, but we all know we don’t live in a perfect world.

In the following, you will see what happens when people decide the law is something that applies to everyone else; just not them.   Caught!

All articles are direct links to News Reports on the reporting agency’s website.
(All suspects are considered innocent until proven guilty by a court of law)

  

Company President Receives 10 Month Sentence

Over $200,000 in Fines and Workers Deported after Kentucky Business Raided

The following two stories concern a husband and wife team:

Hotel Owner Sentenced for Hiring Undocumented Workers - Illegal Profit Taking  (wife)

Employer Sent to Prison for Hiring Workers Illegally in US  (husband)

Restaurant and Consultant Facing Multiple Charges Stemming from Use of Undocumented Workers

Inspection of Peregrine Falcon Nest Leads to Discovery of Undocumented Workers and Attempted Cover-Up

D. Conley

Food for Thought – HR 2 Document Examination

Food for Thought – HR 2

Document Examination

In the previous Post, Food for Thought – HR, we addressed the importance of non-discrimination for new hires as well as their paperwork, and the use of  “due diligence” and “good faith” when addressing documentation being presented by new hires.

Unless you’re a forensic specialist, no one expects you to be an expert, but what should you look for when examining the documents in front of you?

Please try to keep in mind that sometimes not having a specific document, or having a document returned, it doesn’t necessarily mean the person is attempting fraud.  Sometimes, especially with documents; life happens.  Fires, floods, storms, moving...all these things happen and sometimes documents get lost, and some are more easily replaced than others.

One thing to remember is, a missing or incorrect document may be reason to raise an eyebrow, but not necessarily an alarm.

An article, written by the staff of verifyi9.com, addresses the employers’ responsibility for some “common sense” when looking at documents, and shows some examples of what to look for.

Detecting Fake Documentation

More on this subject to come in future posts.

D. Conley

Food For Thought - HR - New Hire Documentation

Food for Thought – HR

New Hire Documentation

As we all know, when hiring new personnel; there are forms to be filled out, and copies of different forms of valid identification are required.

Enter the I-9 Form, which is easy enough to understand and fill out; it tells you what forms of identification you can use.  There is even a small box warning against discrimination; even against the forms that are being presented for identification by the worker.

BUT…what if the forms being given to you aren’t real?  We are all too familiar with the forms we see on a daily basis, and if we’re paying attention, deviations from what is considered to be the “norm” can raise an eyebrow.

Photo Courtesy SMU

It’s when we have the unique or seldom seen item that makes us take a moment to really take a look at it.  Different states have different driver’s license and identification cards that have information in different places.  There are Alien Residence cards, work visas, and “Green” cards that haven’t been green in years.  As I rarely see many of these, unless it was obviously made and sold in the Magic Kingdom, I’m going to have a hard time being able to accurately discern whether or not the document is real.

Here is the dilemma that business owners and hiring managers face.  It is not only wrong to discriminate against a qualifying candidate for a job; it’s illegal, and it can cost a business not only huge amounts of what would have been profit, it also can hurt the company “socially”, as well.

So, you don’t want to turn someone away who is legitimately and legally qualified to work in the US, but you don’t want to hire an illegal worker, either.

Fortunately, there is some help in what is called “Due Diligence”, or “Good Faith”, as stated in an article from NOLO.com by Nicole Kersey, she specifically addresses what employers need to do to help protect themselves and what to do if the documents being provided look suspicious.  What to do if the I-9 Documents Look Suspicious

More on this subject to come in future posts.

D.Conley