Some employees at your company
may be hiding a big secret from you:
They’re legally not allowed to work
for you or even in this country. Over the
past several years, there has been an
increase in people using sophisticated
fraudulent information to secure employment, whether through false documents,
false benefit applications or even identity
theft.
“Unfortunately, that sophistication has
made it next to impossible for employers
to be sure they’re not employing illegal
aliens,” says Jessica Ford, director of sales
and operations at Ashton Staffing. “Even
companies with the best of intentions
often find themselves open to fines and
civil penalties if they’re audited.”
Smart Business spoke with Ford about
how employers can use the E-Verify and
IMAGE certification programs and what to
do if you find a problem with a new hire.
What is E-Verify?
E-Verify is an online system operated
jointly between the Department of
Homeland Security and the Social
Security Administration. Participating
employers can check the work status of
their new hires by comparing information
from an employee’s I-9 form against what
the SSA and DHS have on their databases.
E-Verify is free, and currently, in Georgia,
it’s voluntary unless you are a state
agency or provide services to a state
agency.
After registering, companies sign documents stating that they will post written
notice in their hiring facilities; this allows
applicants to know you’re currently
enrolled in E-Verify. E-Verify can only be
used on new hires. If a company wants to
verify its current employees, it must electronically submit its payroll to the SSA via
the Social Security Number Verification
Service.
What is IMAGE certification?
IMAGE is short for ICE (Immigration
and Customs Enforcement) Mutual Agreement between Government Employers. It
is a joint initiative between the government and businesses to strengthen hiring
practices in the private industry by reducing the size of the illegal work force.
IMAGE certification is a free service.
How can companies implement these programs into their business practices?
Companies who are interested in E-Verify can log on to DHS’s Web site
(www.dhs.gov/index.shtm) and register,
print off a few forms and mail them in.
After you’ve registered, DHS will contact
you and provide online training. Once
you’ve completed the training, your
employees must pass an exam before utilizing the Web site.
Enrolling in IMAGE is a bit more extensive. Companies must currently use E-Verify and agree to an audit of their I-9s by
ICE. Companies also must agree to submit their current payroll to the SSA and
implement a few ICE-suggested programs. Interested companies may log on
to ICE’s Web site (www.ice.gov) and register for information. You may then
request an in-person meeting with an
IMAGE coordinator.
What should an employer do if it finds an
employee mismatch?
The beauty of E-Verify is that it not only
alerts you to a nonconfirmation of eligibility but it also guides you through the
process. If a nonconfirmation comes
back, you print a letter to the employee
that lets him or her know that there has
been a mismatch. The employee either
chooses not to contest the results and
self-terminates or goes to the local Social
Security office and speaks with someone
there. If the employee chooses to contest,
he or she has eight days to return with
proper paperwork. During the eight days,
you must continue to employ that person.
If he or she does not return, you may terminate the individual.
What makes a fraudulent document stand
out?
Check Social Security cards carefully.
Many times fraudulent documents have
misspelled words, the font is different or
is an irregular color. If the back of the card
is blank, it is fraudulent.
What are the benefits of using E-Verify and
IMAGE certification?
E-Verify almost completely eliminated
our Social Security mismatch letters. It
has also improved the accuracy of wage
and tax reporting and ensures companies
are maintaining a legal work force. E-Verify has recently implemented a photo-screening tool, so when you are verifying
your employee’s right to work in the U.S.,
it has a photo of what the person should
look like, which eliminates identity fraud,
as well.
With IMAGE certification, there are several benefits, one of which is free training
to your staff. You also receive a two-year
respite from any I-9 audits after you enroll.
If for any reason your company faces civil
penalties for employing illegal workers,
the good faith participation in IMAGE is
considered when fines are assessed.
JESSICA FORD is director of sales and operations at Ashton Staffing. Reach her at (770) 419-1776 or [email protected].