Transcript I-9 Employment Eligibility Verification Compliance Procedures

I-9 Employment Eligibility
Verification Compliance
Procedures
Presented by:
David H. Nachman, Esq.
And Gina Giambalvo
Immigration Reform and Control
Act of 1986 (“IRCA”)
11/6/1986
 Requires that all employers complete
Employment Eligibility Form (I-9) for newly
hired employees.
 Designed to control the problem of illegal
immigration

IRCA’s Provisions
o
New Employee must provide documents reflecting:


He/She is eligible to work
Identity must match work eligibility documents
o
Sanctions for paperwork violations and document abuse.
o
Sanctions for knowingly hiring or retaining unauthorized
workers.
o
Created the OSC to enforce anti-discrimination provision
of the INA.
Changes after IRCA -1990

Immigration Act of 1990 (“IMMACT 90”).

Document Fraud Provisions against
employers.
Changes After IRCA 1990 -1996

Immigration Act of 1990 (“IMMACT 90”).

Illegal Immigration Reform And Immigrant
Responsibility Act (“IIRAIRA”).

Bono Amendment and the “Good Faith
Defense” for Employers.
Changes After IRCA -1997/2007

1997 – Interim Rule Reducing the Number
of Documents for I-9 Form:
 Certificate
of U.S. Citizenship (item #2)
 Certificate of Naturalization (item #3)
 Reentry Permit (item #8)
 Refugee Travel Document (item #9)

2007 – Rebranded and New I-9 Form
reflecting the changes from 1997.
2009 Updates


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Expired Documents are no longer acceptable
Section 1: Separate boxes for U.S. nationals
and U.S. Citizens (4 boxes)
Old Temporary Resident Cards and Employment
Authorization Cards are no longer acceptable.
Added Acceptable Documents to List A:


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U.S. Passport card
Passport from Federated States of Micronesia
Passport from Republic of the Marshall Islands
Completing Form I-9
Beware Document Abuse
Documentation must only be requested
after job offer is made.
 Employer cannot request specific
documentation, applicant must decide.
 If new hire provides more documentation
than required, new hire should select only
the necessary documents – Employer Rep
can assist.

Section 1: Employee Information
and Verification.
Section 1: Employee Information
and Verification.
Must be completed by the New Hire.
 Employer should verify that all information
is provided and correct.
 Should be completed on the first date of
employment.
 Preparer/Translator field in Section 1.
(Spanish version as a reference).

Section 2: Employer Review and
Verification.
Section 2: Employer Review and
Verification.
New Hire provides verification documents
from List A, or list B and C.
 Employer reviews documents and
completes Section 2.
 Must be completed w/in 3 business days.
 Making copies of the documentation is
optional.

Section 3: Updating and
Reverification.
Section 3: Updating and
Reverification.
Used to reverify documents from List C
and some from List A.
 List B documents are never reverified.
 Be sure to reverify employees on the new
2007 version of the Form I-9.

Retention Period

Every active employee on payroll must have an
I-9 on file.

Forms for terminated employees must be
retained for:
*One year following an employee’s termination.
*Three years from the employee’s date of hire.

WHICHEVER IS LATER!
Internal Audits

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Missing or deficient I-9 Forms discovered during
an audit.
Missing I-9’s - complete one immediately and
attach an explanatory note for your records.
Deficient I-9’s - immediately correct and
initial/date any changes.
Termination of employees who cannot provide
valid documents to avoid “knowing hire” or
“knowing retention” violations.
Employer Sanctions

Employing Unauthorized Aliens:
1st offense: $250-$2,000 fine per alien.
 2nd offense: $2,000-$5,000 fine per alien.
 Additional offenses: $3,000-$10,000 per alien.

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Improperly Completed, Retained or
Missing Forms:

$100-$1,000 per employee.
Employer Sanctions cont.

Knowingly Hiring or Continuing to Employ
Unauthorized Alien:
Up to $3,000 per unauthorized alien.
 Imprisonment (if convicted).

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Participating in Document Fraud:
1st offense: $250-$2,000.
 Additional offenses: $2,000-$5,000.

Employer Sanctions cont.

Discrimination:
1st offense: $250-$2,000 per individual.
 2nd offense: $2,000-$5,000 per individual.
 Additional offenses: $3,000-$10,000.

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Requesting Specific Documentation:

$100-$1,000 per individual.
Recent Enforcement
Shift in focus of enforcement actions from
employees to employers and
management.
 Critical infrastructure ICE enforcement.
 Reduction in penalties for paperwork
violations.

Social Security No Match Issues
No Match Letters are sent to both employers
and employees.
 Letters are generated and send to employers
if .5% of the workforce has a SS no match
issue.
 Can result from any number of factors.

New Safe-Harbor Procedures for
Employers for No Match Issues
Within 30 days, employer should check
records and contact employee to check their
records too.
 Within 90 days the employee must take steps
to resolve the issue.
 Then the employer has 3 final days to
complete a new I-9 (with a new SSN) if the
issue was not resolved.

USCIS E-Verify Program
“Voluntary” program for US Employers.
 Partnership between the Department of
Homeland Security (DHS) and Social
Security Administration (SSA).
 Provides a means for participating
employers to verify the employment
eligibility status of newly-hired employees.

E-Verify Initial Screen
E-Verify Continued
Employers register online with DHS, sign
an MOU and participate in training with
CIS before running queries.
 Cannot be used as a pre-screening tool for
workforce.
 Must notify employees of E-Verify results
(i.e. TNC).

Employer Responsibilities
E-Verify must ONLY be used to verify
NEW hires, and must be initiated after the
employee accepts the position (hire date)
and within 3 days of the employee’s actual
start date.
 E-Verify procedures must be applied to
ALL new hires, regardless of citizenship
status.

Employer Responsibilities cont.
Employer must post a notice in an area
visible to prospective employees that it is a
E-Verify Participant.
 Employer must post an AntiDiscrimination Notice issued by the
Office of Special Counsel for Immigration
– Related Unfair Employment Practices,
Department of Justice (DOJ) in an area
visible to prospective employees.

E-Verify Poster
OSC Anti-Discrimination Poster
Photo Screening Tool

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The E-Verify photo tool enables employers to
match the photo on an employee’s Employment
Authorization Document (EAD) or Permanent
Resident Card (“green card”) to the photo that
USCIS has on file for that employee.
Assist employers to detect instances of
document fraud.
Photo tool was incorporated into E-Verify for all
employers in September 2007.
Photo Screening Tool Sample
Employees who believe that they have
been subjected to discrimination based
upon their National Origin or Citizenship or
Immigration Status with respect to hiring,
firing, recruitment or referral for a fee,
through an employer’s use of E-Verify, or
when completing the Form I-9 should call
the Department of Justice, Civil Rights
Division, Office of Special Counsel for
Immigration Related Unfair Employment
Practices at:
1-800-255-7688
(TDD: 1-800-237-2515)
E-Verify: Registration
Register online:
www.dhs.gov/E-Verify
 Select access method:
 Depending on the
answer(s) selected, one
of three access methods
will be established:

 Employer
 Designated
Agent
 Corporate Administrator
State Legislation
Mandatory (7)
State Agencies (4)
Encourage (2)
Pending (10)
Federal Contractors and E-Verify
 Beginning
in February 2009, federal
contractors and subcontractors will be
required to begin using USCIS’ EVerify system to validate their
employee’s eligibility to work in the
United States
Federal Contractors
New to E-Verify
Enroll in E-Verify within 30 calendar
days of the contract award date
 Only contracts with an award date after
the effective date of the rule
 Employer will select “Federal
Contractor” during enrollment
 Employer will be directed to take the
Federal Contractor Tutorial

Federal Contractors
Currently in E-Verify

Update company profile through the
Maintain Company Page in E-Verify

Select “Federal Contractor” option

Employer will be directed to take the
“Federal Contractor Refresher Tutorial”
Final Rule Requirements
 Inserts
a clause into applicable
Federal contracts committing their use
of E-Verify after effective date
 Contractors and Subcontractors must
verify employment eligibility of all new
hires and all employees (existing and
new) directly performing work on
Federal contracts
ICE’s IMAGE Program
Partnership between ICE and businesses.
 Application-based program, in addition to
E-Verify.
 The application process includes the
following:
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Self Assessment.
Form I-9 Review by ICE (NOT an audit).
SSNVS Review of ALL employees.
10 Steps of IMAGE
 Enroll
in E-Verify.
 Anti-Discrimination Awareness Training.
 I-9 Training for Hiring Staff.
 Independent Dual Review of I-9 Forms.
 Resolution of SSA No Match Letters.
 Implementation of Internal Tip Line
(encourage employees to inform employers
of what is going on inside the company).
 Self-Reporting Procedure to Disclose Any
Deficiencies to ICE.
 Annual Independent I-9 Process Audit.
 Encourage Contactors and Business
Partners to Implement the Same Programs.
 Annual Report to ICE with results of program
participation.
OSC Telephone Hotline
Employers: 1-800-255-8155
Employees: 1-800-255-7688
Any Questions?
Feel free to contact us at:
201-670-0006
[email protected]
Or visit us on the web at
www.visaserve.com