Troubleshooting E-Verify and Immigration Compliance

Transcription

1 Troubleshooting E-Verify and Immigration Compliance Presented by Mike Thompson and Mike Green Lehr Middlebrooks & Vreeland, P.C. November 13, 2012 Copyright 2012 Lehr Middlebrooks & Vreeland, P.C. All rights reserved. Reproduction or use of these materials, including for in-house training, without authorization of the authors is prohibited.

2 Contents Alabama s Immigration Law Status Overview Five Common E-Verify Questions Electronic I-9 Completion and Retention Other Immigration Tips Resources and Q&A 2

3 Alabama Immigration Law: Status Overview The Beason-Hammon Alabama Taxpayer and Citizen Protection Act (HB56) The Alabama Immigration Law Signed into law on June 9, 2011 Amended on May 18, 2012 by HB658 Supreme Court Arizona Ruling & Eleventh Circuit Rulings The Bottom Line: Keys for Employers Affidavit requirement for public employers - eliminated by HB 658 New discriminatory cause of action - eliminated by Eleventh Circuit Business expense deduction - eliminated by the Eleventh Circuit No contracts with illegals - eliminated by Eleventh Circuit E-Verify requirement remains in effect for all Alabama employers (new employees only), but does not replace the form I-9 requirement 3

4 Five Common E-Verify Questions Do we have to E-Verify rehires? Yes, a rehire is always considered a new hire for E-Verify purposes. No SSN? A SSN is required to E-Verify a new employee. However, if the employee has applied for a SSN and has not yet received it, he/she may work while waiting for the SSA to process the application (about two weeks). Wait to E-Verify. Your First TNC (Tentative Nonconfirmation). I-9 information did not match with either SSA and/or DHS. Notice to Employee / Contest? / Eight Federal Working Days Do I follow up with the contesting employee? No. Check E-Verify for DHS No Show or SSA Final Nonconfirmation. Employee does not contest? Can terminate with no liability. 4

5 Electronic I-9 Completion & Retention Completion? USCIS s Handbook for Employers Electronic I-9s okay, if legible and no alterations or additions Electronic signatures okay, if affixed at the time, keep record of identity of person making the signature, printed confirmation available to employee Employers must attest in Section 2 Retention/Storage? Think what if there is an inspection? Reasonable controls to ensure integrity, accuracy, and reliability QA program, indexing system for easy access and legible paper copies Records of business processes involved in creating, modifying and establishing authenticity and integrity of I-9s, such as audit trails Paper storage Security? Must have a records security program. Authorized personnel only, provides for backups/recovery of records, employee training regarding unauthorized disclosure, permanent record of the identity of person creating / making changes to any/all electronic I-9s 5

6 Electronic I-9 Forms (cont.) History: Electronic Storage & Signature Regulation Effective: August 23, 2010 Enforcement Guidance: August 22, 2012 Electronically Generated I-9 Trail Created, completed, updated, modified, altered or corrected Secure and permanent record: Who What action taken Date accessed 6

7 Electronic I-9 Forms (cont.) NOI: 1. Data above (Audit Trail) 2. Name of software 3. Internal policies and protocols 4. Indexing system demonstrating how I-9 data is linked to each employee 5. Signature verification method 6. One sample printed completed I-9 7. System demonstration 7

8 Other Immigration Tips Ensure I-9s are in good order. Only request required ID documents, nothing else i.e. List B Create simple standard operating procedure for I-9 completion and retention, whether by electronic or paper means. I-9s must be stored for three years after the date employee is hired, or one year after his/her employment ends, whichever is later. Designate and train one person (and an alternate) as responsible for I-9s and E-Verify. Memorandum of Understanding (MOU) Read it when enrolling in E-Verify, good source for FAQs. Keep copy(ies) in case of an inspection / compliance issue. 8

9 Resources and Q&A USCIS Handbook for Employers (M-274) Updated in June 2011 E-Verify: E-Verify USCIS.gov website Questions? 9

10 Your Workplace is our Work 10