WHAT YOU REALLY NEED TO KNOW ABOUT IMMIGRATION: The Facts behind - - PowerPoint PPT Presentation

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WHAT YOU REALLY NEED TO KNOW ABOUT IMMIGRATION: The Facts behind - - PowerPoint PPT Presentation

Aug 22, 2023 223 likes •448 views

WHAT YOU REALLY NEED TO KNOW ABOUT IMMIGRATION: The Facts behind the Headlines and the Hype b=k~ t=b=~== `~=f~=`~=q~== UMQJTUPJSQUO

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WHAT YOU REALLY NEED TO KNOW ABOUT IMMIGRATION: The Facts behind the Headlines and the Hype

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“Best Practices” and “Safe Harbors”

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What do these Criminal Prosecutions and Mass Deportations have to do with My Company?

Sloppy I-9 Records leads to other problems: Loss of Affirmative “Good Faith” Defense Triggers for an I-9 Audit or worse No-Match letters in the trash can or unopened Add IRS to the mix Who gets caught? Imperative: Now is time to get paperwork in order

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Civil Fines Against Employers for Immigration Violations

  • Increase of about 25% beginning March 27, 2008 for most violations
  • Substantive Violations: Range from $375 to $16,000
  • First offense: $375 to $3200
  • Paperwork Violations: Range from $110 to $1100 for each I-9 Form
  • Substantive fines: assessed per illegal worker
  • Mitigating Factors, Negotiated Settlements, Notice of Intent to Fine,

Hearing before ALJ.

  • Good Faith defense re paperwork violations
  • Substantive Violations: can’t fix, government does not have to prove

that employer knew it hired or continued to employ illegal alien to assess fines.

  • VALUE OF DESK AUDIT OF SAMPLE OF 25 FORMS: determine

scope of problems in advance of government inspection

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The Nuts and Bolts of Filling in “Right” and Filling in “Wrong” the NEW I-9 Form

  • Please See PDF of the I-9 Form and Document Lists A or B and C
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(TITLE OF DOCUMENT GOES HERE) Department of Homeland Security

OMB No. 1615-0047; Expires 03/31/07 U.S. Citizenship and Immigration Services

Employment Eligibility Verification

Please read instructions carefully before completing this form. The instructions must be available during completion of this

  • form. ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work eligible individuals. Employers

CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination. Section 1. Employee Information and Verification. To be completed and signed by employee at the time employment begins.

Print Name: Last First Middle Initial Maiden Name Address (Street Name and Number)

  • Apt. #

Date of Birth (month/day/year)

/ /

City State Zip Code Social Security #

I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.

I attest, under penalty of perjury, that I am (check one of the following):

□

A citizen or national of the United States

  • A Lawful Permanent Resident (Alien #) A

□

An alien authorized to work until / / (Alien # or Admission #) Employee’s Signature Date (month/day/year)

Preparer and/or Translator Certification. (To be completed and signed if Section 1 is prepared by a person other

than the employee.) I attest, under penalty of perjury, that I have assisted in the completion of this form and that to the best

  • f my knowledge the information is true and correct.

Preparer’s/Translator’s Signature Print Name Address (Street Name and Number, City, State, Zip Code) Date (month/day/year)

/ /

Section 2. Employer Review and Verification. To be completed and signed by employer. Examine one document from List A OR

examine one document from List B and one from List C, as listed on the reverse of this form, and record the title, number and expiration date, if any, of the document(s).

List A OR List B AND List C

Document title: Issuing authority: Document #: Expiration Date (if any): / / Document #: Expiration Date (if any): / /

CERTIFICATION - lattest, under penalty or perjury, that I have examined the document(s) presented by the above-named employee, that the above-listed document(s) appear to be genuine and to relate to the employee named, that the employee began employment on (month/day/year) and that to the best of my knowledge the employee is eligible to work in the United States. (State employment agencies may omit the date the employee began employment.)

Signature of Employer or Authorized Representative Print Name Title Business or Organization Name Address (Street Name and Number, City, State, Zip Code) Date (month/day/year)

/ /

Section 3. Updating and Reverification. To be completed and signed by employer.

  • A. New Name (if applicable)
  • B. Date of Rehire (month/day/year) (if applicable)
  • C. If employee’s previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document Title: Document #: Expiration Date (if any):

I attest, under penalty of perjury, that to the best of my knowledge, this employee is eligible to work in the United States, and if the employee presented document(s) I have examined appear to be genuine and to relate to the individual.

Signature of Employer or Authorized Representative Date (month/day/year)

/ /

NOTE: This is the 1991 edition of the Form I-9 that has been rebranded with a current printing date to reflect the recent transition from the INS to DHS and its components.

Form I-9 (Rev. 05/31/05)Y Page 2

1399043v1

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Section 1 of I-9

Section 1 of the Form: Employee fills in: Who am I? Is it Complete? When to fill in? The SSN? what to do? Signing as Preparer or Translator?

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Date (month/day/year) Employee’s Signature I attest, under penalty of perjury, that I am (check one of the following):

□ A citizen or national of the United States □ A Lawful Permanent Resident (Alien #) A □ An alien authorized to work until / / (Alien # or Admission #)

I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form. Social Security # City State Zip Code Date of Birth (month/day/year) / / Address (Street Name and Number)

  • Apt. #

Maiden Name Print Name: Last First Middle Initial Section 1. Employee Information and Verification. To be completed and

signed by employee at the time employment begins.

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Completing the I-9 Form

Section 1:

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Completing the I-9 Form (continued)

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Section 2 of I-9

Section 2 of the Form: You fill it In. Timing All Important Certification Avoiding Substantive Violations Most Common Mistakes

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Section 3 of I-9

Section 3: When do you Use it and How? Not for Green Cards. TPS a special Case. Rehires. Receipts? Other Re-Verification problems

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LISTS A, B AND C: The I-9 Instructions

List A: What’s New and What’s not Green Cards EAD= Employment Authorization Document Combination: Foreign Passport + I-94 Missing: Naturalization Certificate. List B: No changes List C: confirms dangers of using social security cards with restrictions

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Summary: I-9 Common Mistakes

  • Section 1:
  • Section 2:
  • Section 3:
  • Timing of Signatures
  • Our Training Manual: how it works.
  • Copy Documents and Leave Form Blank?
  • Are you the Document Expert?
  • Originals and in-person review: Most common mistakes for multi-

facility operations

  • Receipts and Specifying Documents
  • Consequences: Substantive Violations and Fines
  • Consequences: Paperwork Violations and Fines
  • Undermining “Good Faith” Defense
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I-9 Form retention and re-verification policies

  • Centralized or decentralized storage?
  • Secure and Separate
  • Don’t make your records storage a “time bomb” or useless to

management

  • To Copy or not to Copy, “best practice”
  • Scanning the forms: going electronic so you can sort by data fields
  • Excel Spread Sheet or Three Ring Notebooks
  • Re-verification systems
  • Terminated Employees: 3 years from date of hire or one year from

date of termination, whichever is later: how to handle and calculate; and when to do so

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Reducing Corporate Liability and Risks: I-9 Compliance

  • Desk Audit
  • Training
  • Dealing with Remote Sites and Offices
  • I-9 gets same attention as EEO compliance
  • Ready access to and control of records for re-

verification Preserve “Safe Harbor” When Government “knocks”

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I-9 “Nuts and Bolts” & New Fines, Instructions, Forms, Acceptable Documents

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