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 cçê=ìéÇ~íÉë=~åÇ=áããáÖê~íáçå=~äÉêíëW=ïïïKïçêäÇJîáë~ëKÅçã 1 1 www.williamsmullen.com
“Best Practices” and “Safe Harbors” 2 www.williamsmullen.com
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 3 3 www.williamsmullen.com
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 4 www.williamsmullen.com
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 5 www.williamsmullen.com
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(TITLE OF DOCUMENT GOES HERE) Department of Homeland Security OMB No. 1615-0047; Expires 03/31/07 Employment Eligibility Verification U.S. Citizenship and Immigration Services 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 attest, under penalty of perjury, that I am (check one of the following): I am aware that federal law provides for □ A citizen or national of the United States imprisonment and/or fines for false � A Lawful Permanent Resident (Alien #) A statements or use of false documents in □ An alien authorized to work until / / connection with the completion of this form. (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 of 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 Form I-9 (Rev. 05/31/05)Y Page 2 current printing date to reflect the recent transition from the INS to DHS and its components. 1399043v1 8 www.williamsmullen.com
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? 9 www.williamsmullen.com
□ Section 1. Employee Information and Verification. To be completed and signed by employee at the time employment begins. Print Maiden Name Name: Last First Middle Initial Address (Street Name and Date of Birth ( month/day/year) Number) / / Apt. # City State Social Security # Zip Code I am aware that federal law provides for I attest, under penalty of perjury, that I imprisonment and/or fines for false am (check one of the following): A citizen or national of the United States statements or use of false documents in □ A Lawful Permanent Resident (Alien #) connection with the completion of this A form. □ An alien authorized to work until / / (Alien # or Admission #) Employee’s Signature Date (month/day/year) 10 www.williamsmullen.com
Completing the I-9 Form 11 www.williamsmullen.com Section 1:
Completing the I-9 Form (continued) 12 www.williamsmullen.com
Section 2 of I-9 � Section 2 of the Form: You fill it In. � Timing � All Important Certification � Avoiding Substantive Violations � Most Common Mistakes 13 www.williamsmullen.com
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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 15 www.williamsmullen.com
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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 17 www.williamsmullen.com
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 18 www.williamsmullen.com
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 19 www.williamsmullen.com
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” 20 www.williamsmullen.com
nìÉëíáçåë\ nìÉëíáçåë\ I-9 “Nuts and Bolts” & New Fines, Instructions, Forms, Acceptable Documents bäáçí=kçêã~å=I=fããáÖê~íáçå=~åÇ= tçêâëáíÉ=båÑçêÅãÉåí qÉ~ã UMQJTUPJSQUO= Éåçêã~å]ïáääá~ãëãìääÉåKÅçã cçê=ìéÇ~íÉëW=ïïïKïçêäÇJîáë~ëKÅçã or www.williamsmullen.com 21 www.williamsmullen.com
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