May 14, 2008
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LVBA
1524 Linden Street
Allentown, PA 18102
Phone: (610) 432-4101
Fax: (610) 432-2923
E-Mail: lvba@lvba.org

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From the National Scene:  I-9 Alert

Information was taken from www.housingzone.com as a result of an LVBA member calling the office after reading that a builder was actually charged for immigration violations based on a subcontractor hiring illegals.)

This spring, the Department of Homeland Security announced a shift in its strategies to enforce compliance with its immigration requirements on the work site.  At about the same time, some residential construction companies reported receiving a formal, three-day "Notice of Inspection" document for an I-9 audit, demanding the usual review of company employment records, but also requiring a review of their subcontractors' employment records.

Recent immigration raids, a new state law in Georgia, and the move toward federal reform have collided to create a nerve-racking spring for many employers.

One of their main worries boils down to the seemingly simple I-9 form, a requirement for any employee hired after the current immigration law took effect in 1986.  Companies are looking to their attorneys to offer assurance that their paperwork is in order, and that has spurred a spike in demand for audits.

Lawyers say they've been poring over client I-9s—which could number in the tens of thousands for large employers—looking for missing information and suspicious information such as Social Security numbers listed as 000-00-0000. (There are more of those than you might think, lawyers say.)

According to reports, certain industries are clearly on the hit list—including agriculture, construction, food services, hospitality, and textiles.

Some companies have expressed concern that they could be held liable for subcontractors' hiring practices. This concern is brought about by a raid of a Kentucky-based home builder.  Federal agents arrested nearly 80 construction laborers working as subcontractors for Fischer Homes.  Agents also arrested Fischer Homes managers, charging them with harboring the illegal workers.

According to the Department of Homeland Security:   

  • 3,591: Document fraud investigations by federal immigration agents last year  
  • $42 million: New federal funds requested by immigration officials for work site enforcement  
  • 171: New enforcement agents requested for the crackdown 

 What is a form I-9?

Federal law places an affirmative duty on employers to verify the identity and work authorization of all persons who are hired. This is accomplished by the mandatory completion of Employment Eligibility Verification Form I-9. Employers are required to keep a completed Form I-9 on file for each of their current employees who were hired after Nov. 7, 1986.

 

 

 


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