NAVIGATING FORM I-9 CHALLENGES

Transcription

1 NAVIGATING CHALLENGES

2 MEET THE PRESENTER 2 NAVIGATING CHALLENGES 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 MEET THE PRESENTER 3 NAVIGATING CHALLENGES About Cornelius Skills Cornelius Wyatt, Jr. Management & Program Analyst, USCIS Cornelius Wyatt, Jr. is a Management and Program Analyst within the Public Relations and Education Section, with U.S. Citizenship and Immigration Services (USCIS) Verification Division in Washington, DC. Mr. Wyatt worked in Washington, DC as an Information Management Specialist resolving complex, immigration related cases. Based on Mr. Wyatt s dedication to customer service and immigration law, he took on a position as an Adjudications Officer in 2007 at the New York City District Office adjudicating cases of all levels of difficulty. Mr. Wyatt continues to educate the public as he promotes various programs on behalf of the Department of Homeland Security. Form I-9 E-Verify Webinars & Outreach Skydiving 20% 100% 100% 100%

4 AGENDA 4 NAVIGATING CHALLENGES Background Completing Form I-9 Storage & Retention Resources Questions & Answers Thank you for joining our webinar! Attendees will receive a copy of this webinar presentation and recording following the webinar.

5 BACKGROUND 5 In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA). IRCA forbids employers from knowingly hiring individuals who do not have work authorization in the United States. The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act (INA).

6 WORKING IN THE U.S. 6 Individuals who may legally work in the United States are: Citizens of the Noncitizen Lawful Aliens United States nationals of the Permanent authorized to United States Residents work

7 EMPLOYMENT VERIFICATION To comply with the employment eligibility verification provisions of the INA an employer must: Verify Complete Refrain Verify the identity and employment authorization documents of employees hired after November 6, 1986 Complete and retain a Form I-9 for each employee hired after November 6, 1986 Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status

8 PREVENTING DISCRIMINATION 8 The anti-discrimination provisions of the INA prohibit four types of unlawful conduct: 1 Citizenship or immigration status discrimination* 2 National origin discrimination* 3 Document abuse during Form I-9 process 4 Retaliation * Actual or perceived

9 HELPFUL INFORMATION 9 Visit these websites for more information about employment eligibility requirements: o What are Immigration-Related Unfair Employment Practices o DOJ/ICE Joint Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits o OSC in the News Recent Settlements ( o Technical Assistance Letters

10 OFFICE OF SPECIAL COUNSEL (OSC) 10 The anti-discrimination provisions of the INA are enforced by: Department of Justice Civil Rights Division Office of Special Counsel for Immigration Related Unfair Employment Practices o Employees may contact the Office of Special Counsel (OSC) to obtain additional information regarding employment discrimination and employee rights and responsibilities* (TDD: ) o Employers may also contact OSC* (TDD: ) *callers may remain anonymous See OSC s Employer Dos and Don ts.

11 NEW 11 NEW. COMING SOON. USCIS will publish the revised Form I-9, Employment Eligibility Verification form by November 22, NEW! Employers may continue to use the current version ( N) until January 21, After January 21, all previous Form I-9 versions will be invalid. For more information, visit the I-9 Central website

12 NEW 12 NEW. COMING SOON. REGISTER TO ATTEND OUR NEXT WEBINAR! NEW! November 29, :00PM - 1:00PM EST Register Today!

13 COMPLETING 13

14 REQUIREMENTS All U.S. employers must have a Form I-9 on file for all current employees. Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, You may delegate the authority to complete Form I-9 to a responsible agent, however, you will retain liability for any errors.

15 LIST OF ACCEPTABLE DOCUMENTS o Use MOST CURRENT Form I-9 VERSION, 03/08/13 o You must make the Lists of Acceptable Documents available to your EMPLOYEE when he or she is completing the Form I-9 o The EMPLOYEE MUST provide: o One document from List A OR o One document from List B AND one document from List C 15

16 SECTION 1: EMPLOYEE INFORMATION 16 o To be completed by EMPLOYEE. o Employer MUST verify Section 1 is COMPLETE.

17 SECTION 1: EMPLOYEE ATTESTATION 17 o The EMPLOYEE MUST select one of the four categories and sign and date Section 1 of Form I-9. o All employees must complete Section 1 no later than the first business day of employment for pay.

18 SECTION 1: PREPARER/TRANSLATOR 18 CERTIFICATION o This certification is required when Section 1 is prepared by someone other than the employee. o By signing, the preparer is attesting that Section 1 is true and correct to the best of his or her knowledge. o Note that only the EMPLOYEE can sign the Section 1 Employee Signature Block.

19 SECTION 2: EMPLOYER CERTIFICATION 19 OF DOCUMENT REVIEW Completing Section 2 o Completed by EMPLOYER. o MUST be completed no later than 3 business days after the employee begins work for pay. o EMPLOYER MUST examine original documents. o Documents MUST be UNEXPIRED.

20 SECTION 2: EXAMINING DOCUMENTS 20 GENUINENESS AND PHOTOCOPIES o o You are not required to be a document expert You MUST accept a document presented by an employee if it reasonably appears to be: Genuine; AND, Relates to the individual presenting it o The document MUST be original* photocopies are NOT acceptable *Exception: Certified copy of a birth certificate

21 SECTION 2: COPYING DOCUMENTS 21 You may choose to make copies of employee documentation presented to you for Section 2. o If you choose to photocopy documents, you must do so for ALL employees, regardless of actual or perceived national origin, immigration or citizenship status, or you may be in violation of anti-discrimination laws.

22 SECTION 3: REVERIFICATION 22 o You MUST reverify an employee using Section 3 if his or her temporary employment authorization has expired. o You MAY also complete Section 3 if you: o Rehire the EMPLOYEE within 3 years of the date of initial execution of the Form I-9* o Update the biographic information of an employee * USCIS recommends completing a new Form I-9 for rehires

23 SECTION 3: WHEN TO REVERIFY 23 Do Not Reverify U.S. Passport or Passport Card Permanent Resident Card (Form I-551) List B documents Permanent Resident Reverification Exceptions Reverify only if employee presents a Form I-94 I-94 with a temporary I-551 stamp, or A foreign passport with a temporary I-551 stamp (on a machine readable immigrant visa visa (MRIV)) Usually Reverify When employment authorization document (List A or C) has an expiration date

24 CORRECTING 24 CORRECTING MISTAKES MISSING FORMS If you discover a mistake on Form I-9, correct the existing form OR prepare a new Form I-9: If you discover you are missing the Form I-9 for an employee: o If you choose to correct the existing Form I-9, line out the incorrect portions, enter the correct information, and initial and date the correction. oimmediately provide the employee with a Form I-9. o If you do a new Form I-9, retain the old form. You should also attach a short memo to both the new and old Forms I-9 stating the reason for your action. oallow employee 3 business days to provide acceptable documents. odo NOT backdate the Form I-9.

25 STORAGE AND RETENTION 25

26 STORAGE 26 Form I-9 MUST be on file for all current employees. Store Forms I-9 securely in a way that meets your business needs on site, off-site, storage facility, or electronically. Store Forms I-9 and document copies together. Ensure that only authorized personnel have access to stored Forms I-9. Make Forms I-9 available within 3 days of an official request for inspection.

27 RETENTION 27 Forms I-9 must be retained for: 3 years after the date you hire an employee Or 1 year after the date employment terminates, whichever is later Example: John Smith was hired on November 1, 2014, and on July 5, 2016, employment was terminated. November 1, years = November 1, 2017 July 5, year = July 5, 2017 The retention date is November 1, 2017

28 RESOURCES 28

29 I-9 CENTRAL 29 I-9 Central: I-9 Central Spanish:

30 MULTIMEDIA RESOURCES 30 Section 1 Vignette I-9 Webinar on Demand Section 2 Vignette Section 3 Vignette

31 E-VERIFY OUTREACH E-VERIFY o Free Customized Webinars o Content for your newsletters o Authorization to use the E-Verify Logo and Name and I E-Verify Seal o Add E-Verify to your job announcements Example: Our company uses E-Verify to confirm the employment eligibility of all newly hired employees. To learn more about E-Verify, including your rights and responsibilities, please visit Verify.

32 CUSTOMER SERVICE 32 E-Verify received the highest rating for customer service of all federal agencies. (2013 American Customer Satisfaction Survey) CALL Employer Hotline: (888) Employee Hotline: (888) Form I-9 E-Verify VISIT Form I-9 Website: E-Verify Website:

33 DISCLAIMER 33 Immigration law can be complex and it is not possible to describe every aspect of the process. This presentation provides basic information to help you become generally familiar with rules and procedures. For more information on the law and regulations please see our Web site:

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39 39 Cornelius Wyatt, Jr. Sathab Abbo MANAGEMENT & PROGRAM ANALYST, USCIS SR. IMMIGRATION COUNSEL, I-9 ADVANTAGE QUESTIONS & ANSWERS GET IN TOUCH Address I-9 Advantage Kelly Rd. East Pointe, MI Phone & i9advantage.com Social Media linkedin.com/company/i9-advantage facebook.com/i9advantage twitter.com/i9advantage

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