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 Act Of 1986 (IRCA), all employers must complete an I-9, Employment Eligibility Verification, to confirm the identity and employment eligibility for each employee hired after November 6, 1986.

I-9 Verification Procedures» Section 1 : Employee Information and Verification» Section 2 : Employer Review and Information and Verification» Section 3: Updating and www.uscis.gov/i- 9Central

Section 1

Section 2 List A

Section 2 List B

Section 2 List C

Section 2: Certification

Section 3: Updating and Re-verifying

Top Ten I-9 Mistakes 1. No I-9 at all 2. Section 1 completion untimely 3. Section 2 not completed within 3 business days 4. Employer suggests documents to present 5. Demanding social security card when not required 6. Accepting photocopies or receipts 7. Inconsistent copying policy 8. Throwing away old I-9 s 9. Failure to Re-verify 10. Not managing details for accuracy or consistency

Complicated I-9 Scenarios Non-immigrant status extensions H-1B Portability F-1 Cap Gap Employment F-1 STEM Receipt Rule 90 Day Receipt Rule Temporary Protected Status

I-9 Audits and Investigations: An Update

Don t Play Defense: Avoiding I-9 Fines Since 2009, ICE has initiated I-9 audits against at least 4000 businesses and issued fines of over $7 million It is never to late to complete an I-9 or make corrections on completed I-9s to avoid fines BEFORE an I-9 audit Prepare for the I-9 audit before it occurs

Best Practices for an I-9 Compliance Plan Establish Written I-9 Policy and Procedures Establish I-9 Audit/Investigation Response Plan Establish Follow-up Protocols for Possible Constructive Knowledge Situations (e.g. Social Security No- Match Letters) Determine Whether Company Should or Need to Participate in E-Verify

Best Practices: I-9 Policy and Procedures Company should integrate I-9 policy with personnel policy, materials, and applications I-9 policy should include language that the company: Requires proper and timely completion and retention of Form I-9 Will not employ individuals who do not comply with I-9 requirements Conducts timely I-9 re-verification Conducts I-9 trainings Will not tolerate any discrimination based on national origin or citizenship

Best Practices: I-9 Policy and Procedures Company should designate an overall company I-9 Compliance Administrator Charged with centralized oversight, management, and training for company regarding I-9 compliance Assign multiple I-9 compliance administrators for multiple locations Oversee company I-9 audits and quality control measures

Best Practices: I-9 Policy and Procedures Written guidance on I-9 procedures that includes: When I-9s should be completed How to docket I-9 re-verification When is re-verification required and how to conduct re-verification When, how, and for how long I-9s should be maintained Whether to copy and retain supporting documentation

Best Practices: I-9 Policy and Procedures Semi-annual I-9 audits Initial audit should be conducted by a third party Audit results should be used to conduct training

Avoiding and Correcting I-9 Errors

Options for Corrections 1. Correct, initial, and date the existing I-9 2. Complete new I-9 and attach to prior I-9

SSA No-Match Letters: They re Back SSA announces resumption of SSA no-match letters to employers in April 2011 DOJ-Office of Special Counsel issues Do s and Don ts to employers regarding SSA no-match letters Don t jump to any conclusions Do conduct follow-up on the no-match and document all follow-up activities The no-match letter in and of itself does not constitute a valid ground for termination Do not make any termination decision without first consulting with legal counsel

SSA No-Match Letters and the I-9 Social Security Number Verification System (SSNVS) is not to be used for I-9 purposes The Notice of Inspection requests employers to provide documentation regarding responses to SSA no-match letters

I-9 Compliance Resources for Employers M-274 Handbook for Employers I-9 Central: www.uscis.gov/i-9central Guide to Selected US Travel and Identity Document DHS Toll Free Assistance I-9 Inquiries and E-Verify: 1-888-464-4218

QUESTIONS AND ANSWERS

Thank you for attending!

For further information or questions, please contact: Loan Huynh Fredrikson & Byron, P.A. 200 South Sixth Street Suite 4000 Minneapolis, MN 55402 Phone: 612.492.7165 Email: lhuynh@fredlaw.com