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ABOUT FINANCE
Employment Eligibility
By: Brad Gross
How many temporary employees does your construction company
hire during the course of the year? Did you know that there
are new heightened regulations since the terrorist attacks
in the United States? The Bureau of Immigration and Customs
Enforcement (BICE) has been created to take the place of the
Immigration and Naturalization Service (INS) as part of Homeland
Security efforts. Construction companies, due to their high
volume of temporary workers, will be among those targeted
for inspection by the BICE.
As your company hires new temporary employees, even if only
for one particular construction job, Form I-9 Employment Eligibility
Verification must be completed before the end of the first
working day. This does not include those workers hired as
independent contractors - also known as contract labor. Independent
contractors are workers who supply their own tools, set their
own work hours, work for many clients simultaneously, and
receive profits/suffer losses as a result of their own work
efforts.
The form includes the employee's social security number; however,
be aware that Taxpayer Identification Numbers are not allowed
to be used. You should verify social security numbers via
the Social Security Administration's website. While the new
employee completes section one of Form I-9, as the employer,
you are responsible for completing the second section after
the employee submits proper documentation.
The following documents are no longer acceptable to establish
both identity and employment eligibility:
A Certificate of US Citizenship (INS Form N-560 or
N-561)
Certificate of Naturalization (INS Form N-550 or N-570)
Alien Registration Receipt Card with photograph (INS
Form I-151)
Unexpired Reentry Permit (INS Form I-327)
Unexpired Refugee Travel Document (INS Form I-571)
Inspect the documents submitted by your new employee. If they
appear to be genuine, you can accept them. If the documents
are expired, seem to relate to another person, or are unacceptable
for any other reason, do not accept the documentation and
ask for proper paperwork. If the documentation includes an
expiration date, recheck the documentation after the expiration
date has passed. Accept only original or certified copies
of documents - uncertified copies should not be accepted.
There is no need for your company to file Form I-9 with the
government; although, you must keep the form for four years
after the date of hire - or one year after termination - whichever
is later. Your company is required to keep the forms in a
location where the information could be inspected within three
days of a request.
If your company is required to submit these documents to the
BICE and a current employee is not authorized to work in the
United States, you will be charged with a violation if the
federal government can prove that your company knowingly and
willingly hired the employee without proper documentation.
Without proper documentation, the employee cannot remain with
your company.
If your company is charged with a violation, you may be liable
for monetary penalties. This civil penalty applies even if
the employee is a citizen of the United States, or if you
are not aware of the new regulations. A civil monetary penalty
of no less than $100 and no more than $1,000 will be due for
each individual upon which a violation has occurred. When
determining the penalty, the government will look at the size
of your business, the good faith intentions of your company,
whether the individual(s) was (were) an unauthorized alien,
and if any previous violations were issued.
Be aware that not only civil penalties exist, but also criminal
penalties. If you are found to knowingly harbor at least 10
unauthorized aliens in a 12-month period, you can be imprisoned
for up to 5 years. If you are found to have falsified documents
with knowledge and reckless disregard, you can be fined and/or
imprisoned for up to 15 years.
Educate yourself and your company on the government's new
regulations concerning I-9 documentation, and compliance of
those regulations. The federal government will not allow ignorance
to be used as an excuse.
For the success of your construction company, be sure to stay
up to date on the current regulations and fully comply with
them.
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