U.S. Immigration Customs and Enforcement (ICE) announced that it has signed up 25 Puerto Rican companies to its IMAGE system, increasing the total number of companies enrolled in its program to approximately 225 employers. This represents a 12.5% increase in enrollment for a federal program that had not previously gained much traction with US employers. By way of background, IMAGE is a Federal program, established in 2006, that is best described as E-Verify Plus, with ICE giving employers a two-year audit pass as long as they pass a minimum compliance threshold, including having ICE forensic auditors review company historical I-9 records.

So, what is going on in Puerto Rico to cause 25 companies to enroll on the same day? For now we have no answers, but it could be part of a government initiative to mitigate fines against the affected employers pursuant to an active I-9 investigation. One thing is for sure, the local USCIS office has been successful in its IMAGE recruiting drive. In the meantime, let’s address the benefits IMAGE gives employers:

  • Public recognition of the employer’s IMAGE certification.
  • Avoidance of lawsuits and other legal actions resulting from unauthorized employment.
  • Brand name protection.
  • Fine mitigation.
  • A stable workforce.
  • No Form I-9 inspection for a minimum of two years.
  • Training and guidance provided by ICE on proper hiring procedures and fraudulent document awareness.

Despite these benefits, many employers that consider IMAGE enrollment end up preferring to use a combination of I-9s and E-Verify as a suitable compliance threshold. Some of the negatives for employers that are considering IMAGE are:

  • The burden of conducting a comprehensive self-audit of the company’s historical I-9 records to see whether it will fall below the 50% threshold set by ICE for companies to avoid being fined. Companies are not required to do an audit of their own records; however, many companies considering the process want assurances that they will not incur fines when they open their doors to ICE forensic auditors and will have outside counsel conduct an audit of their historic I-9 records.
  • The increased level of resources a company has to assign to securing IMAGE certification compared with on boarding using an electronic I-9 and E-Verify compliance solution.

The decision to enroll in IMAGE is complex, requiring an assessment of an employer’s particular needs and its existing compliance program. Employers should seek guidance from their outside immigration counsel.

Tags: E-Verify, I-9, ICE, IMAGE, Puerto Rico
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Ian Macdonald Ian Macdonald

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital

…

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

Ian and his team work closely with companies to manage and modify, where needed, corporate immigration programs to maximize efficiency, service and regulatory compliance levels. He is experienced with the full range of business immigration sponsorship categories (visas and permanent residence), anti-discrimination rules to reduce or eliminate risk of employment litigation, employer sanction cases, and I-9 and E-Verify compliance. Ian assists clients with establishing risk-based performance standards (RBPS) and Department of Homeland Security protocol, providing risk assessment assistance to corporations subject to Chemical Facility Anti-Terrorism Standards (CFATS) and assisting clients with ITAR/Export Control compliance within the immigration context.

Ian has developed strategic relationships abroad that he utilizes when working with clients to ensure compliance with foreign registration requirements. He is experienced with analyzing complex global mobility opportunities on country-specific matters to facilitate the transfer of personnel. Ian is also experienced in counseling employers on immigration strategy as well as immigration consequences of mergers and acquisitions, reduction in workforces, and furloughs.

Prior to joining the firm, Ian worked for the United Nations, various non-governmental think tanks and corporate law firms in London, Washington, D.C., New York and Atlanta.

Read more about Ian MacdonaldIan's Linkedin Profile
Show more Show less
Related Posts
I-9 Compliance Redefined Avoiding Pitfalls Involving Vendors and Contractors
I-9 Compliance Redefined: Avoiding Pitfalls Involving Vendors and Contractors
March 22, 2023
Liberty statue in New York city with manhatttan background and sunset, New York, USA
USCIS Updates Policies to Improve Immigration Services
June 15, 2021
shutterstock_296369054
DHS Extends Form I-9 Flexibility
November 23, 2020