INS FINES EMPLOYMENT AGENCY FOR HIRING UNDOCUMENTED WORKERS

The INS has fined a Minnesota based temporary employment agency 1,295 for hiring 103 people who were not authorized to work in the US.  The fine is the largest every levied in the state for hiring undocumented workers, but will likely be reduced if the company enters into a settlement with the government. 

Most of those whom the agency improperly employed had been students at local colleges and universities.  Apparently, they had initially been hired during their period of optional practical training, which allows foreign students to work for up to one year in an area related to their field of study.  The employer failed to reverify that these employees remained authorized to work when their employment documents expired.

The INS said the employment agency also failed to keep the necessary I-9 records on more than 200 other employees.  Since 1986 all employers have had to verify their employees’ permission to work in the US, which is done through the I-9 form.  Employers must keep records of these forms on file throughout the employee’s tenure and for at least three years afterward.  As seen in this case, failure to comply with these rules can result in severe penalties.