UC Berkeley’s newspaper, The Daily Californian, reported that the Berkeley-based Pacific Steel Casting Company will be subject to an audit to verify the employment eligibility of its workers by the U.S. Immigration and Customs Enforcement, the investigative arm of the Department of Homeland Security. The audit seeks to verify the employment eligibility of employees through the evaluation of Employment Eligibility Verification Form I-9s that employees submit. The company is the fourth-largest existing steel foundry in the nation, employing a diverse group of workers belonging to approximately 30 different nationalities, according to the company’s website. ICE penalizes employers for knowingly hiring or employing unauthorized workers. ICE has shifted its enforcement focus to employers so it is important that the HR staff is compliant with the current requirements and procedures.
USCIS has updated its handbook for employers regarding the I-9. The updated handbook with helpful information can be found at: http://www.uscis.gov/files/form/m-274.pdf
USCIS has also posted a new I-9 Q&A at: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=330df7c555b2e210VgnVCM100000082ca60aRCRD&vgnextchannel=330df7c555b2e210VgnVCM100000082ca60aRCRD
If you have questions about the I-9 form or are interested in an I-9 training for your HR staff please contact our office at info at harms-law.com.
On Wednesday, March 30, I visited California College of the Arts and presented Immigration Options for CCA Students Following Graduation. As I explain in all of my presentations at local San Francisco Bay Area universities, it is always wise for students to consult with an immigration attorney to discuss their options for work authorization prior to accepting a position with a employer.
If you are interested in scheduling a free presentation at your university regarding immigration options for students and scholars after leaving the university, please contact our office at info at harms-law.com.
Last week, on Septmber 15th, I presented to the Alameda County chapter of the California Employers Advisory Council on Worksite Enforcement issues. The audience asked for a copy of this presentation, so I have inserted it into this blog post, Alameda EAC Worksite Enforcement. This presentation includes information about e-Verify, I-9s, social security “no-match” letters, as well as recommendations for employers to follow to protect themselves from a possible worksite enforcement action.
I would also direct participants to visit the Worksite Enforcement Tab on this website under “Information” for further resources.
Tomorrow, May 27th, I will present immigration options for students after leaving the University of California, Davis at 5 pm in 206 Olson Hall. This presentation covers several issues which are of the utmost importance for anyone considering (non-UC Davis) H-1B status in the future, including:
• What are the requirements for H-1B status?
• How far in advance of the expiration of my current status should I consider H-1B sponsorship?
• What is the current situation with H-1B ?numbers? for undergraduate and graduate students?
• What questions should I ask potential employers about their immigration policies with regard to H-1B status and employing foreign nationals?
• What happens to my status if I am laid off from my job while in H-1B status?
• How can I obtain permanent residency? How does permanent residency relate to my H-1B status?
• How do I maintain my F-1/J-1 status if I marry a US citizen and apply for permanent residency?
I have attached the presentation and the handouts for anyone who cannot make the presentation tomorrow. Please also feel free to e-mail me at info at harms-law.com to schedule a one-hour consultation for a nominal fee to design an immigration strategy relevant to your particular situation.
Melissa Harms H-1B Workshop May 2010
H visa
On March 17, 2010, I spoke at the Sonoma County Employers Advisory Council regarding worksite enforcement and immigration concepts human resource professionals must master when employing foreign nationals. I had some great questions from the group that I thought I might share from the presentation.
1) Can I use e-Verify as a pre-employment inquiry?
No. e-Verify may only be used after the employee has been offered the position and accepts the position. The memorandum of understanding (MOU) signed by all e-Verify participants outlines these terms of use.
2) Can I use the social security verification service as a pre-employment inquiry?
No. Although there is no direct regulation on the subject, it is probably not a good idea to use the SSNVS system during the hiring process or it could result in a discrimination claim or unfair employment practice. After someone is hired, it is permissible to use this service to ensure that the social security number is valid for wage reporting purposes.
3) Can I review the Form I-9 for my subcontractors?
Probably not. Due to privacy laws, your subcontractor will probably not share its Form I-9s with the contractor. However, it is a good idea to have an indemnification clause in the contract to ensure that the subcontractor maintains sound I-9 practices and will indemnify the contractor in the event of a worksite enforcement action. In a recent case, Wal-Mart was held responsible for its subcontractor’s failure to maintain proper I-9 records.
If you would like a copy of the power point from this presentation, please e-mail my office directly at info at harms-law and state your organization name and we will send you a copy. Please refer to the worksite enforcement section of this website for further information and resources.
Here are some of the topics covered by this powerpoint presentation:
E-Verify, I-9 Compliance and Worksite Enforcement: An Essential Primer for All Employers. With the new changes to the I-9 and increased worksite enforcement actions, completing and maintaining the I-9 form, once viewed as a simple HR function, has become more complicated and riddled with significant liability. This presentation will cover the following critical components of the Form I-9, the new e-Verify system as well as some tips for employers to protect themselves in event of a government worksite enforcement action:
- Recent events in worksite enforcement
- Possible employer sanctions from a worksite enforcement action: civil and criminal
- Critical elements of the Form I-9 and common mistakes when completing the Form I-9
- Changes to the Form I-9 and what these mean to HR professionals
- E-Verify: What is it and what are the responsibilities involved with this system?
- Should my employer enroll in e-Verify? Is my employer required to enroll in e-Verify?
- Strategies to reduce liability in the event of an audit and critical first steps for employers to follow when government agents arrive at the workplace
After presenting to over 100 international students and scholars at University of California, Davis last week, I promised that I would post my powerpoint online. Please bear with the rest of the site as we undergo a website redesign to offer more immigration resources and news. We should have the H-1B and PERM handouts back online shortly.
Pursuing Work Authorization and Permanent Residence After Graduation
June 23, 2011 10:41 am | 
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