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Fulfillment of immigration changes quickly enough that COZEN O’CONNOR lawyers said that “it could change as we speak” during a webinar held on February 6.
Entrepreneurs may raise questions about what to do in scenarios that are very real, including I-9 audits and incursions on U.S. immigration and customs at workplaces.
Elizabeth Olivera and Kelli Natrin, associated with the firm, answered the questions raised by the participants during the event about the most practical angles of the application of immigration.
I-9 and e-verify
Is there any talk that E-Verify is in charge?
E-Verify is the long-term federal program that allows entrepreneurs to confirm the eligibility of their employees to work in the United States by checking the validity of the information of the form of form provided. Although federal contractors currently have to use E-Verify, Olivera said, all businessmen is currently required. However, “this is not outside the kingdom” from what could happen to advance, he said.
He continued his discussion on an E-Verify term, has existed especially at the state level, which continued to do some research on what E-Verify is and what can do for your business can be “a very smart movement.”
Do companies that use E-Verify have a lesser chance of being audited?
“I would not say less opportunity,” Olivera said.
E-Verify is transmitted through Citizenship and Immigration Services in the United States, so the Government knows who uses it, continued, but audits are still considered random. An entrepreneur could disseminate the e-verifying use, if it is audited, but “I do not think they are addressed to specific entrepreneurs who do not use E-Verify,” he said.
What is a typographic error?
Typographic errors in I-9 files It can be very small and expensive, said Olivera.
These errors can be as simple as transposing a number in the social security number of an employee or the verification box that the RRHH saw an employee’s passport when they really showed a different document. The names and the incorrect dates of the forms can also be counted.
“Even the smallest typography” can contribute a fine of $ 288, said Olivera.
Ice raids
What is considered a private area to which ice may not access without any mandate? Can any employee follow an ice agent?
Lawyers during the Webinar suggested that entrepreneurs would carefully control ice agents who come to their facilities and that any employee can follow them during the visit, although they usually recommend that a manager did, said Natin.
His best point for discerning between private and public business areas is to ask -“Would you let a customer be there?”
“You can’t stop an ice agent from using your store, but you can prevent them from entering your bag,” Natrin said, as long as they do not have a court order signed by a judge.
Are private industries more risk?
Natrin said that it is a “common sense situation”; Essentially, industries that usually have a higher population of foreign national employees, such as construction and agriculture, are more likely to see ice raids.
“But certainly any industry is susceptible,” he added.