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. IRCA’s 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.

5. 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.

6. 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.

7. 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

8. Completing Form I-9

9. Beware Document Abuse • Documentation must only be requested afterjob 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.

10. Section 1: Employee Information and Verification.

11. 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).

12. Section 2: Employer Review and Verification.

13. 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.

14. Section 3: Updating and Reverification.

15. 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.

16. 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!

17. Internal Audits • 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.

18. 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.

19. 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.

20. 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.

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

22. 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.

23. 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.

24. 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.

25. E-Verify Initial Screen

26. 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).

27. 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.

28. 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.

29. E-Verify Poster

30. OSC Anti-Discrimination Poster

31. Photo Screening Tool • 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.

32. Photo Screening Tool Sample

33. 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)

34. 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

35. Mandatory (7) State Agencies (4) Encourage (2) Pending (10) State Legislation

36. 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 employee’s eligibility to work in the United States

37. 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

38. 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”

39. 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

40. ICE’s 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.

41. 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.

42. OSC Telephone Hotline Employers: 1-800-255-8155 Employees: 1-800-255-7688

43. Any Questions? Feel free to contact us at: 201-670-0006 info@visaserve.com Or visit us on the web at www.visaserve.com