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BrainyAdvisors, LLC Services

Employment Eligibility Verification

Brainy Advisors, LLC will act as your "Designated Agent" to the Social Security Administration and the Department of Homeland Security to verify that your newly hired employee is eligibility for hire in the United States. Using the Federal I-9 Form and the documents provided by the employee, inform you immediately when a response is received when a discrepancy is identified. In addition:

Signage		BrainyAdvisors, LLC provides the participation and anti-discrimination notices that you are required by your participation in the program to display.
Manual		BrainyAdvisors, LLC provide a users manual describing the verification process and your responsibilities while participating in it.
Backup Records		We maintain a secure archive of all I-9 Forms and other documents submitted to BrainyAdvisors, LLC by you. We will also maintain the record of all verifications and other data received from the SSA and the DHS on your behalf. All data is backed up and archived to an off-site, secure location for a fee or your location; whichever you choose.
Data Integrity		BrainyAdvisors, LLC physically review all Form I-9s and other documents submitted to BraiyAdvisors, LLC by you for accuracy.
Audit Assistance		BrainyAdvisors, LLC can provide document retrieval and other assistance in the event that your records are audited by the DHS, SSA or a local government agency.

Certifications and Affirmations

State and local governments in Arizona, Georgia, Tennessee along with a growing number of other states have enacted laws requiring companies holding business licenses or seeking government contracts to verify they verify the employment eligibility of their new hires.

The services provided by BraiyAdvisors, LLC will meet all state and local government requirements, BraiyAdvisors, LLC will also supply the affidavits and other documents required by those government agencies to qualify your company to receive public contracts or hold a business license.

Compliance

Federal, State and Local Rules Department of Homeland Security sealThe Immigration Reform and Control Act of 1986 (IRCA) requires U.S. employers to verify the employment eligibility status of newly-hired employees and makes it unlawful for employers to knowingly hire or continue to employ unauthorized workers.

Non-compliance can carry severe penalties, whether or not the violation was intentional or a result of ignorance or oversight. Penalties can include:

• Fines from $100 to $1,100 per incident for employers who fail to properly complete, retain, or make I-9 Forms available for inspection
• Fines from $250 to $11,000 per violation for employers who knowingly hire or knowingly continue to employ unauthorized workers
• Criminal penalties up to $3,000 per unauthorized employee and incarceration of up to six months for employers who engage in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers

Social Security Administration sealEmployers can comply with federal law by exercising due diligence in the completion of Form I-9, `Employment Eligibility Verification.` However, a greater `presumption of innocence` is accorded employers who use the federal eligibility verification program which is offered by BrainyAdvisors, LLC.

State Law Several states have enacted their own laws regarding employment eligibility verification. Senate Bill 529, the "Georgia Security and Immigration Compliance Act" enacted in Georgia in 2006, requires all public employers (government agencies) and those private employers who enter into a contract or subcontract with the government to verify.

The law in Arizona is even tougher. Under the Legal Arizona Worker's Act, intentionally hiring or retaining an ineligible employee can result in the permanent loss of your company's business license. BrainyAdvisors, LLC. services are designed to keep your business in full compliance with Arizona law and similar statutes in other states.

Local Ordinances Some cities and counties have adopted ordinances aimed at landlords who allow their rental property to be overcrowded with often-illegal immigrants. Those legislative measures have, almost without exception, drawn legal challenges from pro-immigrant interests. Other jurisdictions have, instead, enacted ordinances that build on the foundation of Georgia's SB-529 and similar laws. For example, Gwinnett County (GA) recently [March 2008] amended its purchasing ordinances to require all companies holding or bidding for county contracts, and their subcontractors, to verify the employment eligibility of new hires. BrainyAdvisors, LLC's services are uniquely tailored to satisfy the needs of smaller contractors and sub-contractors who want to qualify for public contracts.

FAQ

Why should I verify my employees?

The Immigration Reform and Control Act of 1986 (IRCA) requires U.S. employers to verify the employment eligibility status of newly-hired employees and makes it unlawful for employers to knowingly hire or continue to employ unauthorized workers.

The E-Verify program offered by BrainyAdvisors, LLC is a cost effective and accurate method for employers to verify electronically the employment eligibility of their newly hired employees. Our service virtually eliminates Social Security mismatch letters, improves the accuracy of wage and tax reporting, protects jobs for authorized U.S. workers, and helps U.S employers maintain a legal workforce.

Our Company has several locations or hiring sites. Can you provide verification for all?

Yes, BrainyAdvisors, LLC is a virtual company and can cover any location or hiring site identified by your company. We have centralized and standardized the verification process.

What information does BrainyAdvisors LLC require to verify my employees?

After hiring a new employee and completing the Form I-9 form required for all new hires, BrainyAdvisor, LLC. will access the federal databases using information from sections 1 and 2 of the Form I-9, including:

• Employee's name and date of birth,
• Social Security Number (SSN),
• Citizenship status,
• Documents provided on the Form I-9 to establish work authorization status, and
• Proof of identity and the expiration dates.

What is my time limit to E-verify after hiring?

The earliest the E-Verify process can be started is the first day of employing the individual and within 3 business days of which the I-9 form must be completed. An employer may not delay training or an actual start date based upon a tentative non-confirmation or a delay in the receipt of a confirmation of employment authorization. In other words, it is very tricky! You must verify employees in a non-discriminatory manner and may not schedule the timing of this process based on a new hire's national origin, citizenship status, race, or other protected categories prohibited by U.S. law.

Do I have to verify all new employees?

Any employer participation in this program is required to verify all newly hired employees, both U.S. citizens and non-citizens. You may not verify selectively and must verify all new hires while participating in the verification program. The program may not be used to prescreen applicants for employment, go back and check employees hired before you started the verification program, or re-verify employees who have temporary work authorization.

Can I opt out of the E-Verify Program at any time?

Yes, you may choose to end your verification program pending any change in the law and your relationship with BrainyAdvisors, LLC at any time, according to our agreement. Please note that opting out of the program does not legally protect you from investigation from any of the local or national government agencies.

Does employment eligibility verification provide `safe harbor` from worksite enforcement?

No. Participation in a verification program does not provide protection from federal or local agency worksite enforcement. However, an employer who verifies work authorization is presumed to have not knowingly hired an unauthorized alien. Several new state and local laws, however, do consider participation in a verification program to be a protection against prosecution for hiring an illegal worker.

Should I verify, even if I do not bid on government contracts?

Some states only require employee eligibility verification for companies receiving public contracts. Others, like Arizona and Tennessee, require all employers to verify. Regardless of your state or local government's requirements, employment eligibility verification improves your standing in the business community and in the eyes of your customers.

BrainyAdvisors, LLC provide signage and other documentation to provide assurance that you are a business that hires only legal workers. Future local legislation and any comprehensive federal legislation enacted in the future will require U.S. employers to participate in an employment eligibility verification program.

How do I begin a verification program?

BrainyAdvisors, LLC can have your verification program up and running in a day with verifications as low as $25.00 per new employee!