Immigration Compliance: I-9 Violations; Self-Audits; Correcting Errors on I-9s; E-Verify in Tennessee

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Immigration Compliance: I-9 Violations; Self-Audits; Correcting Errors on I-9s; E-Verify in Tennessee"

Transcription

1 Immigration Compliance: I-9 Violations; Self-Audits; Correcting Errors on I-9s; E-Verify in Tennessee August 14, 2014 Presented by: Bruce E. Buchanan Siskind Susser, P.C st Ave. South, Suite 201 Nashville, TN (615)

2 ICE Statistics FY ICE inspected over 3100 employers in FY 2013, up 600% from FY 2008; ICE issued 495 final Orders to Employers for fines of more than $12.7 million in FY 2012; ICE criminally charged 238 managers/owners in FY 2012 with immigration-related violations;

3 Examples of Substantive Violations 1. Failure to prepare I-9 form; 2. No status box checked or more than one box checked;. 3. Failure of employee to sign and/or date; 4. Failure of employer to sign and/or date; 5. A # missing altogether; and 6. Failure to list document information, with no legible copy of document attached to I-9.

4 Examples of Technical Violations 1. Home address or DOB not listed; 2. Untimely preparation of Section 1 or 2 not on 1 st day or w/in 3 days of 1 st day of employment, respectively; 3. A # missing in Section 1 (but listed in Section 2 or on legible copy of document); 4. Some information missing in Lists A, B or C, such as expiration date, but listed on legible copy of document attached to I-9 form); & 5. Business name/address missing.

5 Penalties for Violations! $110 - $1,100 per I-9 form (depending on percentage of violations) for substantive or uncorrected technical violations;! Level of penalty is based as follows: 0-9% - $ % - $ % - $ % - $ % - $430 50% or more - $935

6 Mitigating/Aggravating Factors! Mitigating/aggravating factors which cause 5% increase or decrease in penalties:! Size of business;! Good faith/bad faith;! Seriousness of violations;! Employment of unauthorized employees; &! History of prior violations.

7 Why Should Company Perform I-9 Self-Audit?! If ICE serves Notice of Inspection (NOI), it is likely to find substantive errors and assess penalties;! Even for small companies, penalties can be over $50,000;! NOIs can be disruptive to your company;! Attorney s fees usually greater during NOIs than when supervising/conducting self-audits.

8 Using Immigration Attorney During Self-Audit! If employer decides to self-audit without immigration compliance counsel, these issues may arise:! Person who initially filled out Section 2 may be the one performing audit;! Person may not be trained on how to correct errors;! May not be correct person and/or following correct procedure to correct errors.

9 Using Immigration Attorney During Self-Audit (cont d) ICE has described the following problems with self-audits by non-attorneys which create greater problems/fines: Redoing all I-9 Forms and throwing away originals; Separating copies of supporting documentation from I-9 Forms and throwing them away; Making changes to I-9 Forms without initialing and dating the I-9 Forms; and Inserting backdated information in I-9 Forms making them appear to be completed timely.

10 Self-Audits Should Include Drafting of I-9 Compliance Policy When audit of I-9 forms is performed, it should include drafting of I-9 compliance policy which covers: Who is in charge of immigration compliance? Does company retain supporting documentation? Does company use E-Verify? Is company required to use E-Verify by state law or FAR E-Verify? Retention policy - Company must retain I-9 forms of former employees for either: 3 years from date of hire, or 1 year after employee's employment ends, whichever is longer.

11 I-9 Compliance Policy (cont d) Rules for working with outside contractors; Required training for employer reps completing I-9 forms; Zero tolerance policy for employment of individuals who cannot comply with work authorization rules; Timing & procedures for regular internal I-9 audits; Rules on who has access to I-9 records; and Re-verification procedures for employees with Employment Authorization documents.

12 Correcting Errors on I-9 Forms! If errors are found on I-9 forms, they should be corrected;! Be careful to understand how to correct errors:! Section 1 errors by employee;! Sections 2 and 3 errors by employer;! For changes in Section 2 by employer, it should be the individual who originally reviewed documents and signed certification; and If that person is no longer employed, it would be best for employee and employer to fill out new I-9 form.

13 Correcting Errors (cont d)! The best way to correct an I-9 form: " Draw a line through the incorrect information; " Enter the correct information; and " Initial & date the correction in different color pen.! DO NOT backdate I-9 Form;! DO NOT use whiteout ;! DO NOT discard old I-9 Form if used new I-9 Form to correct errors.

14 Correcting Errors (cont d)! If I-9 form is missing data, such as title of document or expiration date of document, add information to existing I-9 form, initial and date addition in different color pen.! If put information in wrong list, i.e., put Social Security in List B or driver s license in List C, draw arrow to correct List, initial and date in different color pen.

15 Correcting Errors (cont d) Do not put information in List B or C if filled out List A and vice versa; This is over-documentation, which could trigger an investigation by the Office of Special Counsel (OSC) for document abuse and OSC could fine the company; If too much information filled out in Lists A, B and C, cross-out the unneeded information, such as List A (because completed Lists B and C), initial and date in different color pen.

16 Correcting Errors (cont d)! To correct multiple errors on I-9 form, you may complete a new I-9 form and attach it to the old form;! New I-9 form can be completed if major errors (i.e., entire sections being left blank or Section 2 being completed based on unacceptable documents) need to be corrected; and! Note should be included concerning reason changes were made to existing I-9 form or completed a new I-9 form.

17 TLEA! Tennessee Lawful Employment Act (TLEA) created non-mandatory E-Verify law, which provides safe harbor incentive for employers to use E-Verify to verify work authorization of new employees but does not require use of E-Verify; and! Tennessee law exempts employers with 5 or fewer employees.

18 E-Verify! Internet-based system run by Department of Homeland Security (DHS) with databases from DHS, Social Security Administration, State Department, and 3 states driver s licenses/ids;! Allows employers to verify employment eligibility of new hires within seconds;! Voluntary, unless required by state or federal law;! Complements I-9 in that employer enters data into system, which obtained from I-9 form; and! Employers must post notices that participate in E- Verify.

19 Why Use E-Verify?! Better system of employment verification than I-9;! E-Verify notice will sharply reduce number of applicants without employment authorization;! Tennessee law requires either use of E-Verify or retention of applicable identity document; and! If you are a federal contractor/subcontractor, you are required to do so under many federal contracts.

20 The Basics! Complete I-9 form and enter data into E-Verify;! If verified, employer will receive a confirmation number & document, which should be attached to I-9 form;! If not verified, employer will receive a Notice of Tentative Non-Confirmation (TNC);! If employee does not contest TNC, employer should immediately discharge employee;! Because if don t terminate employee, face potential fines of $550 to $1,100 per instance of failure to notify DHS that employ unauthorized individual.

21 The Basics (cont.)! If employee contests TNC, employer prohibited from immediately discharging or disciplining employee unless employer obtains other knowledge of unauthorized status; and! If employee contests TNC, employer must refer employee to SSA or DHS and employee must contact SSA or DHS within 8 business days. Employer should contact agency within 8 to 10 business days after referral to receive updated status, authorization, final nonconfirmation or DHS TNC.

22 Basics of TLEA Employers may enroll and use E-Verify for newlyhired employees, or it may accept, copy and maintain one of the following: " State-issued driver s license or photo ID; " Either Tennessee or other state equivalent requirements " Unexpired permanent resident or work authorization card; " Birth certificate; " Certificate of Naturalization; " Unexpired U.S. passport; " U.S. citizen identification card; and a few others.

23 TLEA Covers Non-Employees! If employer contracts with individual/nonemployee, it must request and maintain copy of one of specified documents, such as state-issued driver s license or identification; Non-employee defined as any individual, other than an employee, paid directly by employer in exchange for the individual s services;! Subcontractor, who is not an individual, is not covered by this provision under the definition of non-employee.

24 Does E-Verify Cause NOI by ICE? E-Verify should not increase company s chances of ICE or OSC investigation unless company is misusing E-Verify: i.e., if company signs up for E-Verify and then does not use it; and Company requesting permanent resident card from all LPRs.

25 Bruce E. Buchanan Bruce E. Buchanan is an attorney at the Nashville and Atlanta offices of Siskind Susser P.C. He represents employers in immigration matters, with a special emphasis on immigration compliance, and in employment law matters. He received his J.D. from the Vanderbilt University. Bruce served as senior trial specialist for the NLRB for 20 years. He also served from 1991 to 2003 as Adjunct Law Professor at William H. Bowen UALR School of Law. He has been in private practice since B r u c e b l o g s f o r Compliance and LawLogix s I-9 and E-Verify blog, and is a regular contributor to HR Professionals Magazine on immigration compliance issues. He is editor of TBA's Immigration Law Section Newsletter and Labor and Employment Law Section Newsletter. Bruce is admitted to practice in Tennessee, Florida, and Arkansas, and the

Presented by: Jessica T. Cook, Esq. jcook@laborlawyers.com Tel: (404) 240-4151. Ann Margaret Pointer, Esq.

Presented by: Jessica T. Cook, Esq. jcook@laborlawyers.com Tel: (404) 240-4151. Ann Margaret Pointer, Esq. Fisher & PhillipsLLP What Every Employer Should Know About E-Verify and I-9 Compliance Presented by: Jessica T. Cook, Esq. jcook@laborlawyers.com Tel: (404) 240-4151 Ann Margaret Pointer, Esq. apointer@laborlawyers.com

More information

Top 12 Strategies For I-9 and E-Verify Title Requirements Goes Here in 2012

Top 12 Strategies For I-9 and E-Verify Title Requirements Goes Here in 2012 Top 12 Strategies For I-9 and E-Verify Title Requirements Goes Here in 2012 Presented By: Sarah J. Hawk, Shareholder Brittni A. Pitts, Associate www.ogletreedeakins.com Top 12 Strategies 1) Know the relevant

More information

I-9 Audit Basics and Best Practices for Employers

I-9 Audit Basics and Best Practices for Employers I-9 Audit Basics and Best Practices for Employers Presented by: Marsha Mavunkel Ryan, Swanson & Cleveland, PLLC October 29, 2014, Noon - 1 p.m. (Pacific) Who Can Legally Work In The US? U.S. Citizens Noncitizen

More information

WHAT EVERY IN-HOUSE COUNSEL NEEDS TO KNOW ABOUT IMMIGRATION COMPLIANCE FAUSTA M. ALBI DIANA VELLOS COKER

WHAT EVERY IN-HOUSE COUNSEL NEEDS TO KNOW ABOUT IMMIGRATION COMPLIANCE FAUSTA M. ALBI DIANA VELLOS COKER WHAT EVERY IN-HOUSE COUNSEL NEEDS TO KNOW ABOUT IMMIGRATION COMPLIANCE FAUSTA M. ALBI DIANA VELLOS COKER 1 Why Should General Counsel Care About Immigration Compliance? Risks are too high not to care Negative

More information

IMMIGRATION ENFORCEMENT, I-9 COMPLIANCE & AUDITS

IMMIGRATION ENFORCEMENT, I-9 COMPLIANCE & AUDITS IMMIGRATION ENFORCEMENT, I-9 COMPLIANCE & AUDITS 31 st Annual Employment Law Conference Michael P. Nowlan (313) 965-8666 mnowlan@ Karen M. Kett (313) 965-3457 kkett@ April 29, 2015 DISCUSSION TOPICS I-9

More information

Surviving the I-9 Audit Alexandra V. LaCombe

Surviving the I-9 Audit Alexandra V. LaCombe Surviving the I-9 Audit Alexandra V. LaCombe Partner Fragomen, Del Rey, Bernsen & Loewy, LLP American Society of Employers September 17, 2015 Form I-9 Compliance With you today: Alexandra V. LaCombe Partner

More information

Everything You Wanted to Know About E-Verify... But Were Afraid to Ask

Everything You Wanted to Know About E-Verify... But Were Afraid to Ask Everything You Wanted to Know About E-Verify... But Were Afraid to Ask April 2012 Presenter: Cynthia J. Lange, Partner Fragomen, Del Rey, Bernsen & Loewy, LLP Agenda: What E-Verify is and isn t Why employers

More information

How an I-9 Self Audit Will Save you Money. The I-9 Form, the Risks, and Protecting your Company

How an I-9 Self Audit Will Save you Money. The I-9 Form, the Risks, and Protecting your Company How an I-9 Self Audit Will Save you Money The I-9 Form, the Risks, and Protecting your Company The I-9 Employment Verification Form The purpose of the I-9 is to verify that the employees your company hires

More information

University of La Verne I-9 Compliance Training. February 2012

University of La Verne I-9 Compliance Training. February 2012 University of La Verne I-9 Compliance Training February 2012 Why Employers Must Verify Employment Authorization and Identity of New Employees To comply with the law, effective Nov. 6, 1986, you must verify

More information

I See What This Says, But How Do I Know You Are Who You Say You Are? I-9 Compliance Tips

I See What This Says, But How Do I Know You Are Who You Say You Are? I-9 Compliance Tips I See What This Says, But How Do I Know You Are Who You Say You Are? I-9 Compliance Tips by Attorney Lyndsee D. Paskalis Introduction Labor and Employment Practice Group 1000 Elm Street, 17 th floor Manchester,

More information

Katherine (Kacey) M. Coleman, Esq.

Katherine (Kacey) M. Coleman, Esq. Katherine (Kacey) M. Coleman, Esq. 2014 "ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE s longterm

More information

Form I-9 & Compliance Online Training. Human Resources

Form I-9 & Compliance Online Training. Human Resources Form I-9 & Compliance Online Training Human Resources Rev. October 2013 Course Content 1. Course Objectives 2. Immigration Reform and Control Act of 1986 3. Requesting Documentation for Form I-9 4. Filling

More information

I-9 COMPLIANCE TRAINING FOR HR CONTACTS AND HR CONTACT DELEGATES

I-9 COMPLIANCE TRAINING FOR HR CONTACTS AND HR CONTACT DELEGATES I-9 COMPLIANCE TRAINING FOR HR CONTACTS AND HR CONTACT DELEGATES 1 Human Resources, Records 2 Covered in This Presentation Purpose of Form I-9 and E-Verify Overview of the Form I-9 (Slide 6) Section 1

More information

TABLE OF CONTENTS 1.0 INTRODUCTION 3 1.1 USER ROLES AND EMPLOYER RESPONSIBILITIES OVERVIEW. 3 1.2 PRIVACY AND SECURITY STATEMENT... 6 2.

TABLE OF CONTENTS 1.0 INTRODUCTION 3 1.1 USER ROLES AND EMPLOYER RESPONSIBILITIES OVERVIEW. 3 1.2 PRIVACY AND SECURITY STATEMENT... 6 2. TABLE OF CONTENTS 1.0 INTRODUCTION 3 1.1 USER ROLES AND EMPLOYER RESPONSIBILITIES OVERVIEW. 3 1.2 PRIVACY AND SECURITY STATEMENT... 6 2.0 MY COMPANY PROGRAM ADMINISTRATORS..... 7 2.1 ADD NEW USER.... 7

More information

Training Requirements and Guidelines

Training Requirements and Guidelines Training Requirements and Guidelines For Web Services Users A. PURPOSE This document provides training requirements and guidelines for employers and E-Verify employer agents that use E-Verify through a

More information

7/30/2015. Form I-9 1

7/30/2015. Form I-9 1 2015 EMPLOYMENT IMMIGRATION LAW & I-9 PRIMER: TURNING THE DECEPTIVELY DIFFICULT INTO SIMPLY UNDERSTANDABLE Form I-9 1 Disclaimer Immigration law can be complex and it is not possible to describe every

More information

Questions and Answers National Stakeholder Teleconference on the Revised Form I-9 May 7, 2013

Questions and Answers National Stakeholder Teleconference on the Revised Form I-9 May 7, 2013 U.S. Citizenship and Immigration Services Customer Service and Public Engagement Directorate Washington, DC 20529 Questions and Answers National Stakeholder Teleconference on the Revised Form I-9 May 7,

More information

Supplemental Guide For Federal Contractors. September 2010. Supplemental Guide for Federal Contractors September 2010 1

Supplemental Guide For Federal Contractors. September 2010. Supplemental Guide for Federal Contractors September 2010 1 Supplemental Guide For Federal Contractors September 2010 Supplemental Guide for Federal Contractors September 2010 1 TABLE OF CONTENTS 1.0 E-VERIFY FEDERAL CONTRACTOR RULE OVERVIEW... 4 1.1 BACKGROUND...

More information

Preparing for I-9 Audits: I-9 Compliance and Best Practices

Preparing for I-9 Audits: I-9 Compliance and Best Practices Preparing for I-9 Audits: I-9 Compliance and Best Practices Presented by: Loan Huynh Attorney at Law Introduction Employment Eligibility Verification Requirement Under the Immigration Reform & Control

More information

Surviving an I-9 Audit. Cynthia J. Lange, Partner

Surviving an I-9 Audit. Cynthia J. Lange, Partner Surviving an I-9 Audit Cynthia J. Lange, Partner April 2014 I-9 Compliance Marked increase in audits and fines Including critical infrastructure, government contractors, industries with high concentration

More information

Creation and Implementation of an Internal I-9 Audit Program

Creation and Implementation of an Internal I-9 Audit Program Creation and Implementation of an Internal I-9 Audit Program NC CUPA-HR 2016 Spring Professional Development Workshop April 8, 2016 Contact Information Jill Blitstein, Manager of International Employment

More information

I-9 Self-Audit in 14 Steps or Less FEATURED FACULTY:

I-9 Self-Audit in 14 Steps or Less FEATURED FACULTY: I-9 Self-Audit in 14 Steps or Less FEATURED FACULTY: David C. Whitlock, Partner, Elarbee, Thompson, Sapp & Wilson, LLP (404) 582-8468 whitlock@elarbeethompson.com FEATURED FACULTY: David C. Whitlock, Partner,

More information

REDUCE YOUR RISK WITH EMPLOYEMENT ELIGIBILITY BEFORE IT'S TOO LATE.

REDUCE YOUR RISK WITH EMPLOYEMENT ELIGIBILITY BEFORE IT'S TOO LATE. REDUCE YOUR RISK WITH EMPLOYEMENT ELIGIBILITY BEFORE IT'S TOO LATE. MEET THE PRESENTER 2 About Sathab Skills Sathab Abbo Sathab has acquired extensive experience in immigration law, management, and client

More information

I-9 Primer and Recent Changes Possible Outcomes of Self I-9 Audit The Most Common Mistakes in Completing Form I-9 and Corrections Developing an

I-9 Primer and Recent Changes Possible Outcomes of Self I-9 Audit The Most Common Mistakes in Completing Form I-9 and Corrections Developing an INTERNAL I-9 AUDIT FOR HUMAN RESOURCES By Capitol Immigration Law Group Issues to be Covered in Today s Webinar I-9 Primer and Recent Changes Possible Outcomes of Self I-9 Audit The Most Common Mistakes

More information

I-9 Self-Audit in 14 Steps or Less

I-9 Self-Audit in 14 Steps or Less I-9 Self-Audit in 14 Steps or Less FEATURED FACULTY: David C. Whitlock, Miller & Martin PLLC (404) 962-6102 dwhitlock@millermartin.com David C. Whitlock, Miller & Martin PLLC Dave has over 25 years of

More information

Form I-9 Employment Eligibility Verification www.uscis.gov/i-9central

Form I-9 Employment Eligibility Verification www.uscis.gov/i-9central Form I-9 Employment Eligibility Verification www.uscis.gov/i-9central Agenda Background Completing Form I-9 Storage and Retention Form I-9 and E-Verify Resources 2 Background In 1986, in an effort to control

More information

Completion of the Form I-9. Employment Eligibility Verification US Citizenship and Immigration Services (USCIS) www.uscis.gov/i-9

Completion of the Form I-9. Employment Eligibility Verification US Citizenship and Immigration Services (USCIS) www.uscis.gov/i-9 Completion of the Form I-9 Employment Eligibility Verification US Citizenship and Immigration Services (USCIS) www.uscis.gov/i-9 Version 2/2008 Agenda New I9 Form dated 06/05/07 Sample Completed Forms

More information

Are You Ready For An I-9 Audit?

Are You Ready For An I-9 Audit? Are You Ready For An I-9 Audit? Debra J.C. Dowd, Esq. LeClairRyan, A Professional Corporation 2014 LeClairRyan, A Professional Corporation Today s presenter and some notes... Debra Dowd Richmond Welcome.

More information

Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits

Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits Office of Special Counsel for Immigration-Related Unfair Employment Practices Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits This guidance is intended to

More information

What is E-Verify? Why E-Verify?

What is E-Verify? Why E-Verify? What is E-Verify? E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S Department of Homeland Security and Social

More information

Instructions for Employment Eligibility Verification

Instructions for Employment Eligibility Verification Instructions for Employment Eligibility Verification Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form I-9 OMB No. 1615-0047 Expires 03/31/2016 Read all instructions

More information

Labor and Employment 2013 Fall Conference

Labor and Employment 2013 Fall Conference Labor and Employment 2013 Fall Conference Employment-Based Immigration Law and Procedures: Things I Hate About I-9 Saiko Y. McIvor, Dorsey & Whitney LLP Craig Peterson, Dorsey & Whitney LLP Labor and Employment

More information

What Shipbuilders and Their Vendors Should Do to Prepare For an ICE I-9 Audit to Avoid Penalties

What Shipbuilders and Their Vendors Should Do to Prepare For an ICE I-9 Audit to Avoid Penalties What Shipbuilders and Their Vendors Should Do to Prepare For an ICE I-9 Audit to Avoid Penalties Some Introductory Facts Form I-9 is an employment verification tool brought about by Immigration Reform

More information

I-9s So Simple, Yet So Risky! www.padgett-cpa.com

I-9s So Simple, Yet So Risky! www.padgett-cpa.com Presentation to I-9s So Simple, Yet So Risky! by www.padgett-cpa.com Agenda Basic Terminology and Acronyms Purpose of the I-9 Form Recent Changes Recent changes to the I-9 Form and Employer Handbook What

More information

I-9 Compliance Fines E-Verify

I-9 Compliance Fines E-Verify I-9 Compliance Fines E-Verify How To How Much Steer Clear SPEAKER CHRISTINA LANG WALLACE PARTNER IMMIGRATION LAW & STRATEGY SAN FRANCISCO CA WASHINGTON DC Meet Our Speaker Christina Lang Wallace Partner,

More information

Avoiding Costly Mistakes: Lessons Learned from Recent I-9 Enforcement

Avoiding Costly Mistakes: Lessons Learned from Recent I-9 Enforcement Avoiding Costly Mistakes: Lessons Learned from Recent I-9 Enforcement Christine D. Mehfoud, Esq. Spotts Fain, PC www.spottsfain.com Blog: www.lawfulthoughts.com November 18, 2015 2 1 3 Employer s Employment

More information

User Manual For Employers. June 2014

User Manual For Employers. June 2014 User Manual For Employers June 2014 TABLE OF CONTENTS 1.0 INTRODUCTION... 1 1.1 Background and Overview... 1 1.2 Basic Website Navigation... 2 Essential Resources... 3 1.3 E-Verify Participation: Enrollment

More information

Untangling the New Form I-9 I-9 Compliance Training

Untangling the New Form I-9 I-9 Compliance Training Untangling the New Form I-9 I-9 Compliance Training Presented by: Alabama Cooperative Extension System National Federation of Independent Business Constangy, Brooks & Smith, LLP Constangy, Brooks and Smith,

More information

Electronic I-9/ E-Verify Training. Angela Gwinn- Payroll

Electronic I-9/ E-Verify Training. Angela Gwinn- Payroll Electronic I-9/ E-Verify Training Angela Gwinn- Payroll Agenda Access and security for the I-9 service center I-9 What is an I-9? I-9 policies and regulations E-Verify? What is E-Verify? Employee data

More information

Are You Ready for an I-9 Audit or an ICE Raid? Ellen E. Hoeppner (313) 309-4256 ehoeppner@clarkhill.com

Are You Ready for an I-9 Audit or an ICE Raid? Ellen E. Hoeppner (313) 309-4256 ehoeppner@clarkhill.com Are You Ready for an I-9 Audit or an ICE Raid? Ellen E. Hoeppner (313) 309-4256 ehoeppner@ WHAT WE WILL COVER Increased I-9 Scrutiny I-9 Basics Correcting I-9s Electronic Storage of I-9s I-9 Best Practices

More information

ABC Webinar Series: I-9 9 and Worksite Immigration 2011 Compliance Update

ABC Webinar Series: I-9 9 and Worksite Immigration 2011 Compliance Update ABC Webinar Series: I-9 9 and Worksite Immigration 2011 Compliance Update By: Mary Pivec CONTINUING TO WALK THE I-9 TIGHTROPE IN 2011 Mary E. Pivec, Esq., Keller and Heckman LLP Washington, D.C. (202)

More information

I-9 WEBINAR: HOW TO KEEP IMMIGRATION ENFORCEMENT FROM KNOCKING AT YOUR DOOR Q&A

I-9 WEBINAR: HOW TO KEEP IMMIGRATION ENFORCEMENT FROM KNOCKING AT YOUR DOOR Q&A I-9 WEBINAR: HOW TO KEEP IMMIGRATION ENFORCEMENT FROM KNOCKING AT YOUR DOOR Q&A Jon Velie recently hosted a webinar with Ascentis on the subject of I-9 s. There was over 500 attendees from around the globe

More information

THE INCREASING RISKS OF FORM I-9 COMPLIANCE

THE INCREASING RISKS OF FORM I-9 COMPLIANCE THE INCREASING RISKS OF FORM I-9 COMPLIANCE RISK Your company could be at greater risk than you realize. The enforcement of compliance for employment eligibility and verification laws, also known as Form

More information

Online I-9 & E-Verify Process

Online I-9 & E-Verify Process Online I-9 & E-Verify Process Offer accepted Before employee s 1 st day of work 1 st day of work Send link to online I-9 site and Online I-9 Employee Reference Guide. (See sample Letter to employee regarding

More information

I-9'S : COMPLYING WITH REGULATIONS

I-9'S : COMPLYING WITH REGULATIONS -Background & Purpose of the I-9 Form -Employer Responsibilities -Penalties under IRCA -Preparing the I-9, verifying documents -Amendments and Re-verification I-9'S : COMPLYING WITH REGULATIONS Background

More information

WHAT INFORMATION ARE YOU SEEKING? (PLEASE CHOOSE ONE BELOW)

WHAT INFORMATION ARE YOU SEEKING? (PLEASE CHOOSE ONE BELOW) Immigration Related Responsibilities When Hiring an Employee and Completing Form I-9 OVERVIEW All U.S. employers are required to examine and verify the eligibility of each employee to be lawfully employed

More information

Agency Information Collection Activities: REAL ID: Minimum Standards for Driver s

Agency Information Collection Activities: REAL ID: Minimum Standards for Driver s This document is scheduled to be published in the Federal Register on 05/11/2016 and available online at http://federalregister.gov/a/2016-11133, and on FDsys.gov 9110-9B DEPARTMENT OF HOMELAND SECURITY

More information

I-9 Compliance Guidelines. Presented by: Littler Mendelson s Immigration and Global Migration Practice Group

I-9 Compliance Guidelines. Presented by: Littler Mendelson s Immigration and Global Migration Practice Group Presented by: Littler Mendelson s Immigration and Global Migration Practice Group CONTENTS Guidelines for I-9 Compliance... 1 Guidelines for Conducting an I-9 Audit... 8 Checklist of Preventive I-9 Measures...

More information

More Than Just a Form:

More Than Just a Form: More Than Just a Form: I-9 Compliance Tips for Every Employer presented by Megan M. Ruwe (612) 604-6711 mruwe@winthrop.com Recent Headlines ICE recently announced it will issue more than 500 Notices of

More information

Emptech s Electronic I-9 Administration

Emptech s Electronic I-9 Administration Emptech s Electronic I-9 Administration I-9/E-Verify Management System Finally, a complete and trusted solution for businesses. Put an End to I-9 Non-compliance Woes Since 2009 the Department of Homeland

More information

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

WHAT YOU REALLY NEED TO KNOW ABOUT IMMIGRATION: The Facts behind the Headlines and the Hype WHAT YOU REALLY NEED TO KNOW ABOUT IMMIGRATION: The Facts behind the Headlines and the Hype bäáçí=kçêã~å tçêâëáíé=båñçêåéãéåí=~åç== `çêéçê~íé=fããáöê~íáçå=`çãéäá~ååé=qé~ã== UMQJTUPJSQUO Éåçêã~å]ïáääá~ãëãìääÉåKÅçã

More information

I-9, E-Verify & Trends in Workforce Enforcement

I-9, E-Verify & Trends in Workforce Enforcement AILA Fall Conference 2013 Texas, New Mexico, Oklahoma Chapter I-9, E-Verify & Trends in Workforce Enforcement Rebecca Massiatte Massiatter@jacksonlewis.com Maggie Murphy Maggie.Murphy@jacksonlewis.com

More information

Evolving Employment Authorization Enforcement

Evolving Employment Authorization Enforcement Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Evolving Employment Authorization Enforcement

More information

I-9 Form I-9 Audit Pitfalls Presented by John Collins

I-9 Form I-9 Audit Pitfalls Presented by John Collins I-9 Form I-9 Audit Pitfalls Presented by John Collins Before the Pen Hits the Paper After a job offer has been accepted Use current Form current version required as of May 7, 2013 Give the employee the

More information

M-1115, Supplemental Guide for Web Services Users

M-1115, Supplemental Guide for Web Services Users M-1115, Supplemental Guide for Web Services Users TABLE OF CONTENTS 1.0 INTRODUCTION.... 3 Getting Started... 3 E-Verify Rules and Responsibilities.... 5 1.1 Information Security Requirements.. 6 1.2 Privacy

More information

Form I-9 Training 1 Revised March 2013

Form I-9 Training 1 Revised March 2013 Form I-9 Training 1 Form I-9 Basics Employers are required by law to complete for each employee Used to verify employment eligibility Produced by the Dept. of Homeland Security Periodically updated Handbook

More information

Immigration Compliance for the Restaurant and Foodservice Industry: What to Do BEFORE (and After) the Government Comes Knocking

Immigration Compliance for the Restaurant and Foodservice Industry: What to Do BEFORE (and After) the Government Comes Knocking Immigration Compliance for the Restaurant and Foodservice Industry: What to Do BEFORE (and After) the Government Comes Knocking March 4, 2012 Presented by Kristine A. Sova and Dismas N. Locaria of Venable

More information

Part Seven Some Questions You May Have About Form I-9

Part Seven Some Questions You May Have About Form I-9 Part Seven Some Questions You May Have About Form I-9 Employers should read these questions and answers carefully. They contain valuable information that, in some cases, is not found elsewhere in this

More information

Welcome to HR Partners! April 19, 2016

Welcome to HR Partners! April 19, 2016 Welcome to HR Partners! April 19, 2016 Agenda Shared Services Helpdesk Announcement Organizational Charts Update MPLOY EHS Trainings Excellence Awards Biometric Screenings Tennessee Lawful Employment Act

More information

I-9 AUDIT: CORRECTING DEFICIENCIES

I-9 AUDIT: CORRECTING DEFICIENCIES I-9 AUDIT: CORRECTING DEFICIENCIES Section 1: Check that the following employee information is completed and correct: Employee name? Date of birth? Social security number? (optional, unless using E-Verify)

More information

Chapter 5- External I-9 Attorney Audits

Chapter 5- External I-9 Attorney Audits Chapter 5- External I-9 Attorney Audits 5.0 The External I-9 Audit The private external compliance audit contains the Form I-9 audit, the compliance program audit (Chapter 6) the liability audit (Chapter

More information

Item number 15 of Section C of the MOU Responsibilities of the Employer - reads as follows:

Item number 15 of Section C of the MOU Responsibilities of the Employer - reads as follows: E-Verify Program Administration and the MOU Item number 15 of Section C of the MOU Responsibilities of the Employer - reads as follows: The Employer agrees to allow the Department of Homeland Security

More information

Introduction. Fill out an "Employment Eligibility Verification" form (Form I-9) for every new employee, including U.S. citizens.

Introduction. Fill out an Employment Eligibility Verification form (Form I-9) for every new employee, including U.S. citizens. Introduction This guide is designed to help you, the employer, understand and comply with the Immigration and Nationality Act (INA). In short, INA requires you to hire and/or retain only those persons

More information

Is Your Company s I-9 Audit Notice in the Mail?

Is Your Company s I-9 Audit Notice in the Mail? Is Your Company s I-9 Audit Notice in the Mail? by Charles M. Miller 1 On January 20, 2011, ICE Director John Morton focused on I-9 employment verification efforts by Fortune 500 companies by announcing

More information

E-VERIFY FAQ s. Background information

E-VERIFY FAQ s. Background information E-VERIFY FAQ s Background information 1. What is the E-Verify program? 2. Am I required to participate? 3. What is the advantage of the E-Verify program? Memorandum of Understanding 4. What is the purpose

More information

Automated Threat Prioritization Web Service

Automated Threat Prioritization Web Service for the Automated Threat Prioritization Web Service DHS/ICE/PIA-028 June 6, 2011 Contact Point Luke McCormack Chief Information Officer U.S. Immigration and Customs Enforcement (202) 732-3100 Reviewing

More information

THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY

THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS) and (Web Services Employer).

More information

Employment Verification and Public Contracts for Services Laws Division of Labor Department of Labor and Employment Performance Audit October 2011

Employment Verification and Public Contracts for Services Laws Division of Labor Department of Labor and Employment Performance Audit October 2011 Employment Verification and Public Contracts for Services Laws Division of Labor Department of Labor and Employment Performance Audit October 2011 OFFICE OF THE STATE AUDITOR LEGISLATIVE AUDIT COMMITTEE

More information

Question & Answer May 27, 2008

Question & Answer May 27, 2008 Question & Answer May 27, 2008 USCIS NATIONAL STAKEHOLDER MEETING Answers to National Stakeholder Questions Note: The next stakeholder meeting will be held on June 24, 2008 at 2:00 pm. 1. Question: Have

More information

APPLICATION FOR PHARMACIST EXAMINATION

APPLICATION FOR PHARMACIST EXAMINATION Applicant s Name: 9901/001 Application $ 50.00 9901/001 Licensure fee $ 165.00 9901/006 Regulatory fee $ 10.00 9901/001 Application $300.00 9901/001 Score Transfer $165.00 9901/006 Regulatory fee $10.00

More information

ISSUES TO CONSIDER IN REVIEWING I-9 PROCEDURES AND COMPLIANCE WHAT YOU DON T KNOW CAN HURT YOU

ISSUES TO CONSIDER IN REVIEWING I-9 PROCEDURES AND COMPLIANCE WHAT YOU DON T KNOW CAN HURT YOU Copyright 2011, American Immigration Lawyers Association. Reprinted, with permission, from Immigration Options for Academics & Researchers (2011 ed.), available from AILA Publications, agora.aila.org.

More information

Immigration Worksite Enforcement

Immigration Worksite Enforcement L & H A LEON HAZANY & ASSOCIATES, APLC Immigration Worksite Enforcement Copyright 2009, Law Firm of Leon Hazany & Associates, A.P.L.C., All Rights Reserved What Is Immigration Worksite Enforcement? Essentially

More information

Privacy Impact Assessment for the. E-Verify Self Check. DHS/USCIS/PIA-030(b) September 06, 2013

Privacy Impact Assessment for the. E-Verify Self Check. DHS/USCIS/PIA-030(b) September 06, 2013 for the E-Verify Self Check DHS/USCIS/PIA-030(b) September 06, 2013 Contact Point Donald K. Hawkins Privacy Officer United States Citizenship and Immigration Services (202) 272-8030 Reviewing Official

More information

The Best Interest Contract Exemption

The Best Interest Contract Exemption COMPLIANCE & ETHICS FORUM FOR LIFE INSURERS The Best Interest Contract Exemption Practice Implications Beth J. Dickstein Robert P. Hardy Sidley Austin LLP Why is an Exemption Needed? The Prohibited Transactions

More information

8/19/2010 FOREIGN NATIONAL TAX COMPLIANCE TRAINING. Best Practices and Policies and Procedures Update for State Agencies. Panelist

8/19/2010 FOREIGN NATIONAL TAX COMPLIANCE TRAINING. Best Practices and Policies and Procedures Update for State Agencies. Panelist FOREIGN NATIONAL TAX COMPLIANCE TRAINING Best Practices and Policies and Procedures Update for State Agencies August 18, 2010 Panelist Michelle Anderson, Foreign National Tax Specialist NC State University

More information

ADVERTISEMENT FOR BIDS. Tree Clearing for Watson Drive City of Kearney, MO

ADVERTISEMENT FOR BIDS. Tree Clearing for Watson Drive City of Kearney, MO ADVERTISEMENT FOR BIDS Tree Clearing for Watson Drive City of Kearney, MO Sealed bids will be received at Kearney City Hall, 100 East Washington, Kearney, MO 64060, on or before 2:00 PM, Friday, February

More information

2. Personal History Form Complete one Personal History form.

2. Personal History Form Complete one Personal History form. 1. Two Original Applications Please write legibly in BLACK ink or type information. Answer all questions appropriately and in detail. Applications must be signed, dated, and notarized. 2. Personal History

More information

What does it mean for employers now that the No-Match Rule was rescinded?

What does it mean for employers now that the No-Match Rule was rescinded? SOCIAL SECURITY MISMATCH: WHERE DO WE GO FROM HERE? FREQUENTLY ASKED QUESTIONS ON ALL THINGS SOCIAL SECURITY Collaborative article written by Michael Saqui of The Saqui Law Group. Monte Lake of Siff and

More information

Compliance Tracking and Management System

Compliance Tracking and Management System for the Tracking and Management System May 22, 2009 Contact Point Claire Stapleton Privacy Branch Chief Verification Division Reviewing Official Donald Hawkins Chief Privacy Officer United States Citizenship

More information

Immigration and Taxation

Immigration and Taxation Immigration and Taxation Immigration, Employment and Tax Laws Why do immigrants without status pay taxes? Obligated by law Opportunity to contribute Document compliance and residency Immigration, Employment

More information

Handbook for Employers

Handbook for Employers Handbook for Employers Instructions for Completing Form I-9 (Employment Eligibility Verification Form) M-274 (Rev. 04/03/09) N Obtaining Form I-9 and the M-274 This Handbook includes one copy of Form I-9,

More information

Privacy Impact Assessment for the. E-Verify Self Check. March 4, 2011

Privacy Impact Assessment for the. E-Verify Self Check. March 4, 2011 for the E-Verify Self Check March 4, 2011 Contact Point Janice M. Jackson Privacy Branch, Verification Division United States Citizenship and Immigration Services 202-443-0109 Reviewing Official Mary Ellen

More information

DHS / UKvisas Project

DHS / UKvisas Project for the DHS / UKvisas Project November 14, 2007 Contact Point Elizabeth Gaffin Associate Counsel United States Citizenship and Immigration Services 202-272-1400 Reviewing Official Hugo Teufel III Chief

More information

Questions and Answers National Stakeholder Teleconference on the Revised Form I-9 03-11-2013

Questions and Answers National Stakeholder Teleconference on the Revised Form I-9 03-11-2013 U.S. Citizenship and Immigration Services Customer Service and Public Engagement Directorate Washington, DC 20529 Questions and Answers National Stakeholder Teleconference on the Revised Form I-9 03-11-2013

More information

THE UNIVERSITY OF IOWA I-9/E-VERIFY BEST PRACTICE GUIDE

THE UNIVERSITY OF IOWA I-9/E-VERIFY BEST PRACTICE GUIDE THE UNIVERSITY OF IOWA I-9/E-VERIFY BEST PRACTICE GUIDE OVERVIEW The purpose of this guide is meant to assist the University of Iowa (UI) staff members in the completion when applicable of form I-9 and/or

More information

JANUARY 2015 UPDATE ON PAYROLL, EMPLOYMENT TAXES AND INFORMATION RETURNS

JANUARY 2015 UPDATE ON PAYROLL, EMPLOYMENT TAXES AND INFORMATION RETURNS JANUARY 2015 UPDATE ON PAYROLL, EMPLOYMENT TAXES AND INFORMATION RETURNS This letter sets forth employee payroll tax withholding rates, employer payroll tax rates in effect for 2015 and some pertinent

More information

Instructions for Freedom of Information/Privacy Act Request

Instructions for Freedom of Information/Privacy Act Request Instructions for Freedom of Information/Privacy Act Request Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form G-639 OMB No. 1615-0102 Expires 03/31/2017 What is the Purpose

More information

HIPAA MANUAL. Most health plans and health care providers that are covered by the new Rule must comply with the new requirements by April 14, 2003.

HIPAA MANUAL. Most health plans and health care providers that are covered by the new Rule must comply with the new requirements by April 14, 2003. HIPAA MANUAL What is HIPAA? Health Insurance Portability and Accountability Act. The Health Insurance Portability and Accountability Act (HIPAA) provides rights and protections for participants and beneficiaries

More information

The West Lafayette Engineering Department is requesting quotes for sidewalk repairs needed in the Barbarry Subdivision.

The West Lafayette Engineering Department is requesting quotes for sidewalk repairs needed in the Barbarry Subdivision. May 19th, 2016 RE: REQUEST FOR QUOTES 2016 Sidewalk Replacement The West Lafayette Engineering Department is requesting quotes for sidewalk repairs needed in the Barbarry Subdivision. The enclosed Quote

More information

REAL ID Act Title II H.R.1268

REAL ID Act Title II H.R.1268 H.R.1268 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Enrolled as Agreed to or Passed by Both House and Senate) TITLE II--IMPROVED SECURITY

More information

Employee vs. Independent Contractor: Protecting Your Company

Employee vs. Independent Contractor: Protecting Your Company Attorney Stephen A. DiTullio DeWitt Ross & Stevens S.C. 2 E. Mifflin Street, Suite 600 Madison, WI 53703 (608) 252 9362 sad@dewittross.com 1 Background Facts & Statistics 60% of all businesses use independent

More information

State University of New York at Potsdam. Workplace Violence Prevention Policy and Procedures

State University of New York at Potsdam. Workplace Violence Prevention Policy and Procedures State University of New York at Potsdam Workplace Violence Prevention Policy and Procedures Revision Date: September 15, 2015 Page 1 of 7 TABLE OF CONTENTS Policy... 3 Statement... 3 Definitions... 3 Application

More information

Security Concerns with Federal Emergency Management Agency's egrants Grant Management System

Security Concerns with Federal Emergency Management Agency's egrants Grant Management System Security Concerns with Federal Emergency Management Agency's egrants Grant Management System November 19, 2015 OIG-16-11 DHS OIG HIGHLIGHTS Security Concerns with Federal Emergency Management Agency s

More information

ADMINISTRATIVE POLICY

ADMINISTRATIVE POLICY POLICY 14-UMBER &/tay2-6t/v ISSUED Edward Mar _ City _Manager March 13, 1997 REVISIONS REVISED SECTION III. Legal Ramifications IV. Policy Implementation V. Non-Retaliation VI. Notification SUBJECT: POLICY

More information

E-Verify Mobile App Usability Testing

E-Verify Mobile App Usability Testing Update for the E-Verify Mobile App Usability Testing DHS/USCIS/PIA-030(f) January 15, 2016 Contact Point Donald K. Hawkins Privacy Officer United States Citizenship Immigration Services (202) 272-8030

More information

The New I-9 Form and Other Developments in Immigration Law

The New I-9 Form and Other Developments in Immigration Law The New I-9 Form and Other Developments in Immigration Law Kelly M. Fortier José A. Olivieri May 9, 2013 Overview Enforcement trends Form I-9 changes Compliance tips Current immigration hurdles to hiring/retention

More information

GUIDELINES FOR SMALL BUSINESS CONSTRUCTION CONTRACTS

GUIDELINES FOR SMALL BUSINESS CONSTRUCTION CONTRACTS GUIDELINES FOR SMALL BUSINESS CONSTRUCTION CONTRACTS HARRISBURG, PENNSYLVANIA MAY 2014 EDITION Guidelines for the DGS Small Business Reserve Program For Construction Contracts 1 General a.) Pursuant to

More information

The essentials. of electronic. I-9 compliance. What employers need to know about electronic I-9 systems to ensure compliance with federal law.

The essentials. of electronic. I-9 compliance. What employers need to know about electronic I-9 systems to ensure compliance with federal law. The essentials of electronic I-9 compliance What employers need to know about electronic I-9 systems to ensure compliance with federal law. Authors JAMES W. KING PARTNER SEYFARTH SHAW LLP James is co-chair

More information

FIRM PERMIT APPLICATION

FIRM PERMIT APPLICATION FOR OFFICE USE ONLY LICENSE TYPE 1103 Tel: 615-741-2241 http://www.tn.gov/commerce/ TRANSACTION TYPE 1010 FILE NUMBER ENTITY NUMBER APPLICATION NUMBER AMOUNT PAID FIRM PERMIT APPLICATION Only applicants

More information

Tennessee Reciprocity License Application Instructions

Tennessee Reciprocity License Application Instructions Tennessee Reciprocity License Application Instructions You may apply for CPA licensure in Tennessee by reciprocity (based on already having obtained a CPA license in another jurisdiction) providing your

More information