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U.S. Immigration and Customs Enforcement (ICE) has issued a final rule, effective August 23, 2010, providing that employers and recruiters or referrers for a fee who are required to complete and retain the Employment Eligibility Verification Form (I-9) may sign the form electronically and retain it in an electronic format. The final rule makes minor changes to an interim final rule promulgated in 2006.
The final rule's supplementary information notes that the completed I-9 form is not filed with the Department of Homeland Security (DHS) but is retained by the employer, who must make it available for inspection upon a request by ICE investigators or other authorized federal officials. Employers must keep the I-9 in their own files for three years after the date of hire of the employee or one year after the date that employment is terminated, whichever is later. Recruiters or referrers for a fee must keep each I-9 for three years after the date of hire. Failure to properly complete and retain each I-9 may subject the employer or recruiter or referrer for a fee to civil money penalties.
Among other things, the final rule clarifies that:
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DETROIT - Applied Plastic Products, a Detroit-area company accused of failing to properly complete nearly 100 eligibility forms for workers is being pursued by Immigration and Customs Enforcement "ICE". The violations were uncovered in a March 2009 audit and a fine was levied in April.
"These violations include failing to ... ensure that an employee attests to the fact that he is authorized to work in the U.S., and failure to review proper employee documents to ensure work eligibility," ICE spokesman Khaalid Walls said Tuesday. "There were no charges lodged for knowingly hiring" illegal immigrants, he said.
ICE proposed a $41,360 fine in April. The company didn't oppose the penalty within 30 days, and the federal government now wants the money. The government filed a lawsuit last month in federal court in Detroit. The company has until Jan. 11 to respond.Under immigration law, employers must verify the eligibility of workers on so-called I-9 forms. "Applied Plastic was given the opportunity to correct these errors prior to being fined and failed to do so," Walls said.
Today, the Department of Homeland Security's Immigration and Customs Enforcement ("ICE") announced that it would begin delivering I-9 audit notices immediately to approximately 1,000 employers across the country associated with critical infrastructure. It seems that the notices will primarily consist of subpoenas for I-9 employee verification forms and supporting documents. Employers that receive audit notices should make sure that they are aware of the deadline to submit responses to ICE.
Employers should contact their immigration counsel as soon as possible to review the subpoena and coordinate their responses. Employers should also avoid any detailed conversation with ICE representatives concerning their workplace processes and/or I-9 verification procedures.