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

Transcription

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

2 MEET THE PRESENTER 2 About Sathab Skills Sathab Abbo Sathab has acquired extensive experience in immigration law, management, and client development. Her broad range of experience involves devising strategies and delivering solutions to complex business and legal matters, addressing HR and administrative issues, and preparing a wide array of legal documentation. Immigration Law Form I-9 & E-Verify 100% 100% IMMIGRATION COUNSEL & SR. PRODUCT DIRECTOR She interacts with immigration officials on business immigration and Form I-9 matters, advises clients, and informs audiences on Form I-9 trends and regulations. Sathab is an active member of the American Immigration Lawyers Association (AILA) Michigan and National Chapters and continues to be an advocate for immigrant rights. Informing Audiences Karate 10% 100%

3 OUR AGENDA 3 WHAT'S THERE TO TALK ABOUT? Your Roadmap To Compliance Why Noncompliance May Cost You Millions Are You At Risk of An ICE Audit? Not-So-Fun Facts Recent I-9 Fines How Fines Add Up Enforcement Trends The Pitfalls of Form I-9 Employer s Obligation Internal Self Audits Remote Hiring Requirements Best Practices Let's Recap Q&A

4 YOUR ROADMAP TO COMPLIANCE 4 FORM I-9 CONTAINS THREE SECTIONS o Employee completes Section 1 on or before 1 st day of hire. START Section 1 Completed by Employee. Section 2 Completed by Employer. Section 3 Completed by Employer for rehire or re-verification. END o Employer (or its agent/representative) examines original documents and completes Section 2 within 3 business days, after the day of hire (3 day rule). o Staffing Company Exception: Acceptance of an offer and entry into the assignment pool is considered equivalent to an offer and acceptance of employment, and a staffing agency may complete the full Form I-9 and create a case in E-Verify. o No exception for Remote Hires. o Employee attests to his or her employment authorization, and presents the employer with acceptable documents evidencing identity and employment authorization.

5 WHY I-9 NONCOMPLIANCE 5 MAY COST YOU MILLIONS HOW FINES ADD UP ICE PENALTY CONSIDERATIONS o Failure to produce a Form I-9 o Failure to include document titles, document numbers, and expiration dates o Failure to properly complete Section 2 Certification o Failure to date and/or sign Sections 1 & 2 Good faith effort To comply Violations involving unauthorized workers o Knowingly hiring unauthorized workers o Engaging in document fraud Size of the. Business Seriousness of violation History of previous violations o Discriminating against an employment-authorized individual

6 ARE YOU AT RISK OF AN ICE AUDIT? YES! EVERY EMPLOYER IS AT RISK. o The integrity of I-9 records is as important as that of tax records. o When deciding who to prosecute, lack of or defective I-9 Forms are a smoking gun for ICE. o If you receive an ICE Notice of Inspection (NOI): you only have 3 business days to produce original I-9 forms. o Do not destroy any documents, attachments, old I-9 Forms, or company records once a NOI is received. o Hire counsel (Immigration and Criminal Defense).

7 NOT-SO-FUN FACTS 7 FORM I-9 AUDITS CONTINUE TO RISE kicks off with substantial penalties Through the first four months of 2015, the total penalties assessed against employers by OCAHO has been over $370,000. Other recent decisions on Form I-9 violations have also yielded substantial fines.

8 RECENT I-9 AUDIT FINES 8 ANY INDUSTRY. ANY SIZE. ANY TIME. $88,000 + House Arrest RSV Pools Owner of pool company found to have hired at least 12 people ineligible to work in the U.S. $227,000 Employer Solutions Staffing Group Failure to comply with requirements for either Section 2 or Section 3. $329,895 Durable, Inc. 300 administrative errors on the Form I-9, and knowingly employing unauthorized workers $2,500, Franchises Illegally hired employees who stole identities from children and the deceased. $2,000,000 Grand American Hotels Continued to employ illegal workers, despite prior warnings about such practices. $208,000 Generations Health Care Fined for discrimination penalties and document abuse. $2,000,000 American Airlines requested specific documents from current employees in order to re-verify their eligibility. $265,000 Real Time Staffing, LLC Misuse of E-Verify by requesting specific documents, along with noncompliant Section 2 practices. $34 Million Infosys Limited Failure to maintain I-9 records for many of it's foreign national employees in the U.S., along with a wide-spread failure to re-verify employees. THE LARGEST I-9 RELATED FINE IN HISTORY

9 HOW FINES ADD UP 9 Civil Violations Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States. First Offense Second Offense Third Offense Minimum Maximum Minimum Maximum Minimum Maximum $375 per $3,200 per $3,200 per $6,500 per $4,300 per Failing to comply with Form I-9 requirements. $110 per form. $1,100 per form. $110 per form. $1,100 per form. $110 per form. Committing or participating in document fraud. $375 per $3,200 per $3,200 per $6,500 per $3,200 per $16,000 per $1,100 per form. $6,500 per Committing document abuse. $110 per $1,100 per $110 per $1,100 per $110 per $1,100 per Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee. Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond. $375 per $3,200 per $3,200 per $6,500 per $4,300 per $16,000 per THE LARGEST I-9 RELATED FINE IN HISTORY Pay $1,100 for each bond the employee paid to the employer. Refund the employee the full amount of the bond. If the employee cannot be found, this refund will go to the U.S. Treasury. Criminal Violations First Offense Second Offense Third Offense Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens. Up to $3,000 per unauthorized alien. Up to 6 months in prison for the entire pattern or practice. Up to $3,000 per unauthorized alien. Up to 6 months in prison for the entire pattern or practice. Up to $3,000 per unauthorized alien. Up to 6 months in prison for the entire pattern or practice.

10 I-9 AUDIT TRENDS 10 3,500 1 oice audits increasing each year. 3,000 2,500 2,000 1,500 1, ,444 2,000 2,496 3,000 2 ofines increasing each year: o FY : $1.5 million in fines o FY : $31.2 million in fines 3 ostates are pushing for mandatory E-Verify. o Texas E-Verify Senate Bill (SB 374) signed into law effective Sep. 1, 2015 o Proposed Legal Workforce Act (H.R. 1174) o Proposed Accountability Through Electronic Verification Act (S.1032) THE LARGEST I-9 RELATED FINE IN HISTORY orise in DOJ s Office of Special Counsel (OSC) investigations for unlawful discrimination.

11 THE PITFALLS OF FORM I-9 11 LEGACY I-9s: Are they compliant, or are you placing your company at risk? Incorrect info? Valid originals examined? Missing signatures, date, or checkboxes? Have forms been re-verified? Capitalist Slides Missing forms altogether? Keeping copies of photo IDs for E-Verify? Old I-9s purged according to 1/3 year rule?

12 EMPLOYERS OBILIGATION 12 I-9 COMPLIANCE REQUIREMENTS 3 year & 1 year Retention Rule: Cannot hire people without valid work authorization. Must keep Form I-9 as long as the employee is working for company. After employee leaves company, employer must retain and store Form I-9 for 3 years after date of hire OR 1 year after termination, whichever is later. Purging old I-9 forms as a best practice: Frees up storage space. Reduces exposure to risks, fines, and penalties. If audited, companies are liable for errors on old I-9s also. Fewer I-9s to be concerned about with regard to compliance. The form must always be available for inspection by authorized U.S. Government officials DHS, OSC, DOL, or DOJ. Cannot discriminate or request specific documents for I-9.

13 INTERNAL SELF AUDIT 13 WHAT YOU NEED TO KNOW How do we do this and what do we need? Unbiased, annual, consistent, SECTION 1 SECTION 2 SECTION 3 knowledgeable, and thorough List of current employees hired after Nov. 6, 1986 o Employee Information o Citizenship/Immigration Status o Employee attestation o Preparer/Translator Certification o List A (ID + Work Authorization) o List B (ID) o List C (Work Authorization) o Employer s Certification o Name o Date of Rehire (if applicable) o Document Title, Number, and Expiration Date o Employer Signature, Date, and Printed Name List of employees terminated in past 3 years Missing I-9 (current or former employees) I-9s with errors (current or former employees) Copies of mandatory E-Verify List A Documents Manual Audit Spreadsheet

14 REMOTE HIRE REQUIREMENTS 14 KEYS TO COMPLIANCE WITH SECTION Employers can designate USCIS does not require Notary Public acts as The agent must carry out Employer is still liable for an Authorized Agent to fill Authorized Agent to have Authorized Agent of the full Form I-9 any violations in out Forms I-9 on behalf of specific agreements or employer, not as notary, responsibilities, and must connection with the Form company. other documentation for and performs the same not only physically I-9 or the verification Form I-9 purposes. required actions as an examine the employment process, even when the authorized authorization and identity form is completed on representative. documents with the behalf of the employer by employee present, but an authorized must also sign Section 2. representative. Capitalist Slides

15 BEST PRACTICES KEYS TO SUCCESS Audit Your I-9s often and thoroughly. Implement internal training processes (including I-9 responsible officer), compliance program, and plan of action. Use electronic I-9 system (tracking, error proof, audit trail, reporting). Not all are created equal. Document your I-9 policy How and when forms are completed, stored, accessed, reported, and purged. Understand E-Verify, use it for new hires, and police your subcontractors. Copy documents for all as best practice Driver s License, work authorization, Green Card, etc. (not mandatory, unless US PP/PP Card, I-551, or I-766 presented for E-Verify). Keep I-9 Forms separate from personnel files.

16 LET'S RECAP 16 GET COMPLIANT. 01 Understand your 02 Know the risks and 03 Perform internal audits obligation as an HEFTY fines. employer. 04 Be prepared for an ICE 05 Know the remote hiring 06 Follow best practices, Audit. requirements including an electronic I-9 system. Capitalist Slides

17 100% CLOUD-BASED FORM I-9 & E-VERIFY SOLUTIONS MEET THE NEXT GENERATION OF COMPLIANCE SOFTWARE Our solutions are continuously evolving to meet the needs of our clients and partners. We offer easy-to-use, flexible, and truly compliant solutions that meet federal regulations for Form I-9 & E-Verify.

18 THANK YOU FOR JOINING US! LEARN MORE ABOUT INNOVATIVE FORM I-9 & E-VERIFY SOLUTIONS i9advantage.com STAY IN TOUCH