Webinar: “Why You Should Screen Your Workplace and How To Do It Lawfully"

Here is the link to the recorded webinar from yesterday: 

“Why You Should Screen Your Workplace and How To Do It Lawfully”, presented by Rod M. Fliegel, Co-Chair, Privacy and Background Checks Practice Group and Jennifer L. Mora, Shareholder, Employment & Labor Law Solutions Worldwide. 

Some of the topics covered:

•         Negligent hiring claims
•         Problems with doing it without a CRA
•         Complying with the FCRA
•         Ban the box and other state/local issues
•         How companies fail for not running background checks

SmartRecruiters Announces Talent Acquisition Platform Winter 2017 Product Release

SmartRecruiters, the Hiring Success Company, recently announced it's new product that is set to release in Winter 2017. This new product will allow for a partnership integration with Aurico to expand SmartRecruiters' background and drug testing capabilities.

Click here to read the full press release.  

Aurico Named No. 2 on HRO Today Magazine’s 2016 Baker’s Dozen List of Top Background Screening Providers

Aurico, a CareerBuilder company, announced it has been named one of the nation’s top 13 employment screening providers on HRO (Human Resource Outsourcing) Today magazine’s 2016 Baker’s Dozen list. This recognition marks the fifth appearance on the list for Aurico.

“At Aurico, nothing is more important to us than our clients. It is extremely gratifying to get confirmation from them that we are not just meeting, but exceeding their background screening needs,” said Ben Goldberg, CEO of Aurico. “We strive to provide our clients with the best user experience and the most compliant and accurate service. Having our customers acknowledge our commitment to trust for employers and applicants is an honor.”

To achieve inclusion on the Baker’s Dozen list, companies that provide background checks are rated anonymously by their clients during an online survey process. HRO Today calculates the results using a statistical analysis and predetermined algorithm. The award is based on three categories: breadth of service, size of deal and quality of service.

NAPBS Volunteer of the Month

Congratulations and thanks to Laura Randazzo, the NAPBS Volunteer of the Month.

Volunteers play a vital role within NAPBS, working alongside staff members and other volunteers to jointly achieve the association's goals. Through our Volunteer Recognition Program, we highlight the contributions of our volunteer workforce.

Laura Randazzo, VP of Compliance with Aurico - a CareerBuilder company, has been selected as the December 2016 NAPBS Volunteer of the Month. Randazzo is currently serving on the BSCC, Finance and Advocacy Committees. Learn more about Randazzo in this interview.

Know someone in the NAPBS community who deserves special recognition for their dedicated volunteering efforts? Nominate your favorite volunteer as Volunteer of the Month. Nominees should have made a significant and outstanding contribution to the NAPBS community. Submit nominations to volunteer@napbs.com and provide the volunteer's name, company, details regarding their volunteer accomplishments, and why you think they should be recognized.

Aurico Webinar: Managing Changes to the Form I-9

Recently, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. U.S. Citizenship and Immigration Services (USCIS). By Jan. 22, 2017, employers must only use the new Form I-9 (on new employees.) To ensure compliance with USCIS, Aurico has made the new Form I-9 available for all clients and partners in the Customer Forms Library within the WebACE™ Platform.The old version of the Form I-9, which expired on March 31, 2016, may still be used until January 21, 2017.

Aurico hosted a Webinar on November 17, 2016 titled Managing Changes to the New Form I-9 to provide education on the Form I-9 process.  Aurico provides electronic I-9 and E-Verify products. The electronic I-9 product through Aurico will accommodate the new form I-9 on or before January 21, 2017.

AURICO WEBINAR: THE REAL DEAL ON FORM I-9

Aurico will be hosting an upcoming Webinar on Form I-9 on Thursday, October 29th at 1:00pm CST.  The Webinar will focus on the following topics:

• Common mistakes made while completing the Form I-9 
• Completing an I-9 on a new hire before they start working for pay
• When and how to use the various Form I-9's
• Understanding the recent changes and updates in E-Verify
• Federal and state perspective on E-Verify

REGISTER HERE to secure your seat for this informative presentation on Form I-9.

I-9 NEWS: DACA AND DAPA EXPANSIONS IMPACT EMPLOYERS

In November 2014, President Obama announced the expansion of two similar immigration acts: Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA). Each act has been modified to allow more people to benefit from their protections. DAPA has implications for all employers while DACA continues to impact hiring managers who seek younger employees. The DACA expansion went into effect 90 days after the President's announcement, while DAPA will be expanded 180 days following his executive action decision.

Candidates may qualify for DACA if:

• They entered the US prior to their 16th birthday
• Have lived in the country continuously since June 15, 2007
• Were under the age of 31 as of June 15, 2012
• Have not been convicted of a felony, significant misdemeanor or three or more other misdemeanors
• Do not otherwise pose a threat to national security or public safety.

Candidates may qualify for DAPA if:

• They have lived in the United States continuously since Jan. 1, 2010
• Have no lawful status on Nov. 20, 2014
• Were physically present in the United States on Nov. 20, 2014
• At the time of making a request for consideration of DAPA, had on Nov. 20, 2014, a child of any age or marital status, who is a US citizen or lawful permanent resident
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors
• Do not otherwise pose a threat to national security
• Are not an enforcement priority for removal

Completing Form I-9 for Remote Hires

Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public.  The Department of Homeland Security does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes.  If an authorized representative fills out Form I-9 on behalf on the employer, the employer is still liable for any violations in connection with the form or the verification process.

When completing Form I-9, the employer or authorized representative must physically examine, with the employee being physically present, each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it.  Reviewing or examining documents via webcam is not permissible.

If the authorized representative refuses to complete Form I-9 (including providing a signature) another authorized representative may be selected.  If the employer hires a notary public, the notary public is acting as an authorized representative of the employer, not as a notary.  The notary public must perform the same required actions as an authorized representative.  When acting as an authorized representative, the notary public should not provide a notary seal on Form I-9.

For more information please contact Aurico about remote I-9 solutions available. 

DOJ Tells Employers Not to Use Forensics to Complete I-9’s

The Office of the Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is warning employers not to use forensic tools or techniques to assess the validity of any document presented for identification and employment authorization, or apply a different level of scrutiny based on the type of document presented by the employee or the citizenship status or national origin of the employee when completing the Form I-9 or in the course of an internal compliance audit of I-9s.   

The warning appeared in a general guidance letter, dated December 30, 2013, from Alberto Ruisanchez, Acting Deputy Special Counsel, OSC, Civil Rights Division of the United States Department of Justice, answering an inquiry whether an employer conducting an internal I-9 audit may ask an employee to produce employment eligibility documentation at the time the Form I-9 was completed where the documents are "unclear and prevent forensic evaluation of their genuineness."

I-9 & E-Verify News

Reminder—CHANGES TO FORM I-9 effective May 7, 2013

USCIS has released information about important changes recently made to the Form I-9.
USIC has released information regarding some recent changes including the changes to the form I-9

Changes to the Form

• New revision date (03/08/2013 N) and expiration date (03/31/2016)
• Instructions for Form I-9 are six pages (formerly 3) with links to resources
• Form I-9 is now two pages
• Fillable with drop down menus for date and country of issuance
• Data field titles are clearer
• Section 1- New Fields:
• E-mail address and phone number (optional)
• Alien Authorized to Work
• Foreign passport and country of issuance
• Section 2:
• Employee’s name on top of form
• New fields for List A document combinations

For more information about the new I-9:

Read the press release. Visit I-9 Central. Review the updated Handbook for Employers, Guidance for Completing Form I-9 (M-274). Take a free webinar.

SHRM Article - Increased Audits by ICE

The number of I-9 audits multiplied over the past decade, rising from almost none—just three in 2004—to 500 in 2008 and 3,004 in 2012.

Employers should pay attention accordingly, as the fines for substantive and procedural violations of the Immigration Reform and Control Act (IRCA) can add up quickly, Daniel Brown, an attorney with Fragomen in Washington, D.C., said on March 12, 2013, at the Society for Human Resource Management’s 2013 Employment Law & Legislative Conference.

U.S. Immigration and Customs Enforcement (ICE) audit

ICE Issues a $625,000 fine to a New Jersey Company for Form I-9 Violations.

Click here to read more

I-9 Audits Increasing at Rapid Pace

From the Associated Press:

U.S. Immigration and Customs Enforcement reached its highest number yet of companies audited for illegal immigrants on their payrolls this past fiscal year.

Audits of employer I-9 forms increased from 250 in fiscal year 2007 to more than 3,000 in 2012. From fiscal years 2009 to 2012, the total amount of fines grew to nearly $13 million from $1 million. The number of company managers arrested has increased to 238, according to data provided by ICE.

ICE Releases Guidance on Evaluating Electronic I-9 Systems

The U.S. Immigration and Customs Enforcement (ICE) has released the first-ever official guidance document for evaluating electronically generated and stored I-9 records during an audit. The document provides guidance to Homeland Security Investigations (HSI) special agents and auditors on what information they should collect from employers using electronic I-9 systems as well as the minimum electronic audit trail requirements for use in determining I-9 related fines.

The regulations require that whenever an electronic I-9 is created, completed, updated, modified, altered or corrected, an electronic I-9 system must create a secure and permanent record that establishes the date accessed, who accessed it, and what action was taken.

Employers storing electronic I-9s are also required to maintain an “indexing system” and to “reproduce legible and readable hardcopies” of the electronically completed and retained I-9 forms. Employers are well advised to partner with a vendor that takes the most conservative approach to audit trails (and the regulations) in designing their software.

To read more, click here

USCIS Launches Spanish-language I-9 Central on USCIS.gov

U.S. Citizenship and Immigration Services (USCIS) has launched a Spanish-language version of I-9 Central, an online resource center designed to provide information and assistance related to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification.

This free, easy-to-use website provides employers and employees simple one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process.

The launch of the Spanish I-9 Central is the most recent in a series of resource guides related to USCIS employment-related forms and processes. These resources include E-Verify Self Check, a service that allows workers and job seekers in the United States to check their own employment eligibility status online, and an updated “Handbook for Employers: Instructions for Completing Form
I-9 (M-274).” Both are also offered in Spanish.

To read more, click here.

Continue to Use the Current Form I-9 for Employment Eligibility Verification

Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States. Click Here to get Direct Access to I-9 News

FAQ’s:

Question: We are auditing our I-9s. What if some are incomplete or contain errors?

Answer: Often after an audit, employers are faced with correcting I-9 forms that have missing or incorrect information. According to the U.S. Citizenship and Immigration Services (USCIS), the recommended way to correct Form I-9 errors is as follows:

Employers may only correct errors made in Section 2 or Section 3 of Form I-9. If an employer discovers an error in Section 1 of an employee’s Form I-9, he or she should ask the employee to correct the error. The recommendation is to: draw a line through the incorrect information, enter the correct information and initial and date the correction.

If an employer used correction fluid on an I-9, commonly referred to as “white-out,” the USCIS recommends that the employer attach a signed and dated note to the corrected form explaining what happened. Using white-out is not recommended.

To correct major errors, an employer may redo the section on a new Form I-9 and attach it to the old form. Major errors may include entire sections left blank or if Section 2 was completed based on unacceptable documents. A note should be included in the file regarding the reason the employer made changes to an existing Form I-9 or completed a new Form I-9. Never discard an I-9. Attach the one in error to the new I-9, if it is necessary to complete an entirely new form.

USCIS recommends that employers should not conceal any changes made on the form (other than simple notation errors when copying document information). Doing so may lead to increased liability under federal immigration law.

Current Form I-9, Employment Eligibility Verification, Remains Effective After August 31, 2012

Until further notice, employers should continue using the Form I-9, Employment Eligibility Verification, currently available on the USCIS forms page at http://www.uscis.gov/I-9. This current version of the form continues to be effective even though the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

Electronic Form I-9 and E-Verify: A Perfect Pair

Although E-Verify and Form I-9 are separate programs, they’re a perfect pair. Many companies use E-Verify to cross-check social security numbers to ensure employment eligibility, but are at risk of costly government audit of Form I-9. Aurico can help.

We frequently hear concerns about Form I-9 ranging from incorrect completion, decentralized completion challenges, manual paperwork processing and storage issues. Then there’s E-Verify. Companies use this Internet-based system for government contracts, to comply with state requirements or to simply verify that their workforce is authorized to work in the US. 
E-Verify is closely linked to Form I-9 and exists to strengthen the Form I-9 employment eligibility verification process that all employers must follow. While participation in E-Verify is voluntary, completion of Form I-9 is required of all employers.

While Form I-9 requires employers to collect information, there is no way to verify that the information employees provide is valid or that the documents presented are genuine. E-Verify protects employers in this situation.

By adding E-Verify to the existing Form I-9 employment eligibility verification process, a company can benefit from the peace of mind of knowing that it maintains a legal workforce.
Form I-9 must be kept by the employer either for three years after the date of hire, or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials.

E-Verify must be completed within three business days after an employee has been hired and after offer acceptance and Form I-9 completion. In fiscal year 2011, 98.3% of employees were automatically confirmed while 1.7% received initial system mismatches.

Although E-Verify and Form I-9 are two separate programs, they’re a perfect pair. Many companies use E-Verify to cross-check social security numbers to ensure employment eligibility, but are at risk of costly government audit of Form I-9. As a result, companies of all sizes are looking to Aurico to provide a platform to electronically capture Form I-9 information to ensure it is input correctly, stored digitally and easily accessible.

Learn more about electronic I-9 and E-Verify services provided by Aurico: http://www.aurico.com/Aurico_Services/ElectronicI-9_E-Verify.asp

Sources:
www.uscis.gov