I-9 Employment Eligibility Verification Compliance Procedures

1
I-9 Employment Eligibility Verification
Compliance Procedures

• Presented by
• David H. Nachman, Esq.
• And Gina Giambalvo

2
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

3
IRCAs Provisions

• New Employee must provide documents reflecting
• He/She is eligible to work
• Identity must match work eligibility documents
• Sanctions for paperwork violations and document
  abuse.
• Sanctions for knowingly hiring or retaining
  unauthorized workers.
• Created the OSC to enforce anti-discrimination
  provision of the INA.

4
Changes after IRCA -1990

• Immigration Act of 1990 (IMMACT 90).
• Document Fraud Provisions against employers.

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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.

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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.

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2009 Updates

• 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
• U.S. Passport card
• Passport from Federated States of Micronesia
• Passport from Republic of the Marshall Islands

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Completing Form I-9
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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.

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Section 1 Employee Information and Verification.
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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).

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Section 2 Employer Review and Verification.
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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.

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Section 3 Updating and Reverification.
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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.

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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 employees
  termination.
• Three years from the employees date of hire.
• WHICHEVER IS LATER!

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Internal Audits

• Missing or deficient I-9 Forms discovered during
  an audit.
• Missing I-9s - complete one immediately and
  attach an explanatory note for your records.
• Deficient I-9s - immediately correct and
  initial/date any changes.
• Termination of employees who cannot provide valid
  documents to avoid knowing hire or knowing
  retention violations.

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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.
• Improperly Completed, Retained or Missing Forms
• 100-1,000 per employee.

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Employer Sanctions cont.

• Knowingly Hiring or Continuing to Employ
  Unauthorized Alien
• Up to 3,000 per unauthorized alien.
• Imprisonment (if convicted).
• Participating in Document Fraud
• 1st offense 250-2,000.
• Additional offenses 2,000-5,000.

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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.
• Requesting Specific Documentation
• 100-1,000 per individual.

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Recent Enforcement

• Shift in focus of enforcement actions from
  employees to employers and management. 
• Critical infrastructure ICE enforcement.
• Reduction in penalties for paperwork violations.

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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.

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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.

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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.

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E-Verify Initial Screen
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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).

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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
  employees actual start date.
• E-Verify procedures must be applied to ALL new
  hires, regardless of citizenship status.

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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 Anti-Discrimination 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.

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E-Verify Poster
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OSC Anti-Discrimination Poster
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Photo Screening Tool

• The E-Verify photo tool enables employers to
  match the photo on an employees 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.

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Photo Screening Tool Sample
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• 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
  employers 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)

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E-Verify Registration

• Register onlinewww.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

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State Legislation
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Federal Contractors and E-Verify

• Beginning in February 2009, federal contractors
  and subcontractors will be required to begin
  using USCIS E-Verify system to validate their
  employees eligibility to work in the United
  States

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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

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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

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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

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ICEs IMAGE Program

• Partnership between ICE and businesses.
• Application-based program, in addition to
  E-Verify.
• The application process includes the following
• Self Assessment.
• Form I-9 Review by ICE (NOT an audit).
• SSNVS Review of ALL employees.

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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.

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OSC Telephone Hotline

• Employers 1-800-255-8155
• Employees 1-800-255-7688

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Any Questions?

• Feel free to contact us at
• 201-670-0006
• info_at_visaserve.com
• Or visit us on the web at
• www.visaserve.com