Immigration Audits Hitting the Green Industry

As federal administration officials and allies in Congress focus on ''tougher enforcement'' to win support for overhauling the US immigration system next year, ''green'' businesses are suddenly finding themselves at the center of compliance crackdowns.

Last Thursday added another 1,000 US employers to the list of those already targeted for immigration audits - the largest number ever.

What an Audit Involves: Audits typically begin with a notice that federal agents intend to audit your company's compliance with immigration laws and will check the eligibility of workers. A business typically has 72 hours to respond and provide the documents requested in the notice. Additional time can be requested in certain circumstances. Violations could lead to fines, as well as civil or criminal charges.
 
How to Prepare: The best defense for an immigration audit happens today!

1)  Review your I-9 filings to ensure their accuracy, completion and readiness for audit. Most employers receive fines for incomplete records. It's also common to learn that legitimate-looking documents presented by employees when hired were phony. Ensure you take time to re-verify your I-9 records periodically and request new documentation from employees if you have questions.

2)  Review your company's policies on hiring undocumented or migrant workers to ensure your practices follow state and federal laws. In some states (SC) use of E-Verify is required, and in other states (NC) it is not.

3)  Talk with your legal counsel to ensure you understand your rights and obligations if you find yourself audited.

The Bottom Line: Immigration audits not only disrupt normal business, but will involve lawyers and consultants. The cost can easily surpass tens of thousands of dollars. Still, of the 654 employers audited in July, half of the cases were closed, and 61 companies were fined. Fines are being weighed in another 267 cases. ''The government is seeking to find and penalize employers who are attempting to get ahead unfairly by cultivating illegal workplaces,'' says the Department of Homeland Security. Your good faith effort to understand and comply with immigration laws will help.

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