Employing illegal immigrants

[Susie]

Hi,

Just had a conversation with my accountant who has advised that we need to get new forms filled in for all our employee's and they have to prove their legal status to work.

Is this something we have get every year? as I forgot to ask him

The trouble is someone could show documents and be legal to work today but then they may become out of status. Apparently if anyone employs an illegal we are subject to a fine of $10,000.00 and put our own visa's at risk

What would happen if someone showed us forged documents, we will still be held liable? How do you verify the documents they show you?

Can I ask what documentation you all get from your employee's and how you check out their status?

[lorraine]

Hi Sue what are the forms as I have appt with new accountant as my last one was C..p!!!! THANKS Lorraine

[Jax]

Hi
As we use a payroll company they have told me what forms we need on each employee one is a W-4 for tax and the other one needs us to fill in which docs they have shown us ie Social Security card details and second form of Id Drivers license or Florida Id
Hope this helps

[v2002]

Sue ,
You need:
Employment Eligibility Verification A department uses the I-9 form to meet the requirements of the Immigration Control and Reform Act when a new employee is hired.
Apart from this you need to check SS card No photo copy but original ....there is a number set by dept of state where you can call and verify information on legality of documents. I will find that and post it here .
If everything looks good you are NOT liable for forged documents but IF you feel somethings wrong you need to report.

[Susie]

Thanks guy's


I am interested to know if any of your accountants have informed you of your legal obligations with regards to ensuring we do not employ illegals.

If not why not ? So you all might like to get this checked out with your own accountants and report back incase they say different forms to my accountanat

None of us need to be loosing our visa's due to errors that we have not been informed about, can you imagine the extra stress this could cause

[lorraine]

Hi Susie my accountant who is a cpa whom we have just sacked after a year never ever told us this. I find it quite disturbing that we could loose our visa and be totally unaware that we had to fill this form in. I have just been on us citizenship and immigration services and down loaded 5 pages about the 1-9 form. Sorry dont know how to send the link but everyone should read it. Maybe V2002 could put the link on here . The form must be filled out by the employee by close of business on the first day of them working.

[chris]

This is the link you need to be aware of as an employer:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=91919c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD

[Ron]

Thanks guys

truely worries me that no one bothers to let us know what we are supposed to get from our employees and when. But we are the ones who will be held accoutable ! not the accountant, sucks !

[Bobby]

The information is no more than you would expect to take from a prospective employee at interview, so I don't see what all the fuss is about ??

The fact that they are tightening up on employers keeping this information on a form is nothing new and nothing to get excited about.

I'd expect anyone with half a brain as an employer to have checked any prospective employee's valid social security number, drivers license, references and perhaps a drug test. If not, ....why not?

My accountant says to keep the forms "on file", for each employee and says not to worry about liability unless you blatantly employee someone without documentation.

Nothing new.

Panic over.

Bobby

[fatbrit]

Sue ,
You need:
Employment Eligibility Verification A department uses the I-9 form to meet the requirements of the Immigration Control and Reform Act when a new employee is hired.
Apart from this you need to check SS card No photo copy but original ....there is a number set by dept of state where you can call and verify information on legality of documents. I will find that and post it here .
If everything looks good you are NOT liable for forged documents but IF you feel somethings wrong you need to report.

You do NOT need to check the SS card but rather check the documents given on the I-9 form list. It is up to the employee which document they provide. For example, a US citizen could provide only a passport and this would suffice. Any deviation from the instructions on the I-9 and a savvy employee could (and has) ended up with the feds (EEOC) prosecuting you savegely in federal court and then happily handing all the evidence to the employee for them to bring a private prosecution for damages to them separately. Do NOT demand SS cards!!!

[v2002]

You do NOT need to check the SS card but rather check the documents given on the I-9 form list. It is up to the employee which document they provide. For example, a US citizen could provide only a passport and this would suffice. Any deviation from the instructions on the I-9 and a savvy employee could (and has) ended up with the feds (EEOC) prosecuting you savegely in federal court and then happily handing all the evidence to the employee for them to bring a private prosecution for damages to them separately. Do NOT demand SS cards!!!
Dont know what you MEAN here.......(Where do you get your information)
This is new reqirements making very clear that______________
The law does not prohibit your employer from asking for your Social Security number.* Subsequent acts in congress have allowed states to use Social Security numbers for things like state and local taxes and drivers licenses (Tax Reform Act of 1976), and in marriages, divorces, and professional licensing (Welfare Reform Act of 1996.)* Tax protestors argue that there is no technical requirement to have a Social Security number.* That may be disputed, but the requirement to pay taxes and other required uses of Social Security numbers make it a practical requirement.* Federal law requires employers, for example, to request and report Social Security numbers.

[tracifrost]

The IRS will also inform you of any forms that you will need when employing new staff.

[fatbrit]

Dont know what you MEAN here.......(Where do you get your information)
This is new reqirements making very clear that______________
The law does not prohibit your employer from asking for your Social Security number.* Subsequent acts in congress have allowed states to use Social Security numbers for things like state and local taxes and drivers licenses (Tax Reform Act of 1976), and in marriages, divorces, and professional licensing (Welfare Reform Act of 1996.)* Tax protestors argue that there is no technical requirement to have a Social Security number.* That may be disputed, but the requirement to pay taxes and other required uses of Social Security numbers make it a practical requirement.* Federal law requires employers, for example, to request and report Social Security numbers.

You cannot demand to see the card. You can, however, demand the number. The employee doesn't actually need to have been issued a number but must show they have applied for one and needs to produce the actual number within 90 days.

The instructions are on the I-9 -- among other places.

So, for example, if I came to work for you, I could produce just a US passport to satisfy the I-9 documentary requirements, and if you asked to see my SS card you, the employer, would be putting yourself in potentially hot water. The employee chooses which document to produce from the list, not the employer.

Here (http://www.nilc.org/immsemplymnt/ircaempverif/irca049.htm) are some horror stories. Please don't join the list! Running a business is hard enough already!

[Sharon]

Sorry Fatbrit, you are wrong. Went to a seminar recently where an attorney who is quailified in employment law said you do need to see an original ssc not a photocopy and make a copy

[Susie]

Hi Fat Brit

Dustin and I attended a seminar recently and was advised to see the original soc sec card, in order to protect employer against any come back amongst other advise in order to protect the employer from a $10,000 fine

Her name was Janet Goldberg McEnery who is board certified in Labor and employment law with offices in Tampa, Celarwater and Lakeland. Tele number 813 273 4307

[InnVic]

Actually FatBrit is right but I can see where the confusion arises. You cannot ask to see a SS card for I-9 ID but you are allowed to ask to see it for payrole. See link Question 7 http://www.usdoj.gov/crt/osc/htm/facts.htm#list

[Susie]

Hi Inn vic,

Just looked at question & and relates to I 9?

The attorney said employers should get both, so now confused myself!

Which is not hard by the way !

[fatbrit]

Sorry Fatbrit, you are wrong. Went to a seminar recently where an attorney who is quailified in employment law said you do need to see an original ssc not a photocopy and make a copy

IMO, you are opening yourself up to a lawsuit. I gave examples of those who have been fined because of this.

Making a copy is fine. But just make sure that you have a firm policy of copying every I-9 submitted document or none. Being selective can equally open you up to trouble. Also, make sure that this information is secured to prevent identity theft.

Just follow the instructions on the I-9 and you're covered. Ignore them and you're courting trouble.

[InnVic]

Sorry Susie I wasn't clear... its question 7 under section " What questions are frequently asked on OSC's employer hotline?" I didn't realise there were that many questions on the document!