How To Reduce Your Legal Risk With Employment Eligibility

Transcription

1 How To Reduce Your Legal Risk With Employment Eligibility

2 Thank You For Joining Our Webinar Hosted By: Sathab Abbo, Corporate Immigration Counsel Randa Hamade, Director of Marketing

3 What's There To Talk About? 1. Your Road Map To Compliance 2. Why I-9 Compliance May Cost You Millions 3. Are You At Risk of An ICE Audit 4. Fun Facts 5. Recent I-9 Audit Fines 6. How Fines Add Up 7. Enforcement Trends 8. The Pit Falls of Form I-9 9. Employers Obligation 10. Remote Hiring Requirements 11. Best Practices 12. Let's Recap 13. Questions & Answers 14. Cloud-based Form I-9 Solutions 15. Key Features 16. Contact Us i9advantage.com

4 Your Road Map To Compliance Contains 3 Sections: Section 1 - Completed by Employee. Section 2 - Completed by Employer. Section 3 - Completed by Employer for rehire or re-verification. Employee completes Section 1 on or before 1 st day of hire. Employer (or its agent/representative) examines original documents and completes Section 2 within 3 business days, after the day of hire (3 day rule). No exception for Remote Hires. Employee attests to his or her employment authorization, and presents the employer with acceptable documents evidencing identity and employment authorization.

5 Why I-9 Compliance May Cost You Millions Fines are Fines are Fines Remember that ICE takes into consideration a number of factors in assessing fines. There s no specific category carved for remote hiring violations. Hiring violations: $375 to $16,000 per violation - with higher penalties for repeat offenders. Form I-9 violations: $110 to $1,100 per

6 Are You At Risk of An ICE Audit? Yes! Every Employer is at risk. The integrity of I-9 records is as important as that of tax records. When deciding who to prosecute, lack of or defective I-9 Forms are a smoking gun for ICE. If you receive an ICE Notice of Inspection (NOI): you only have 3 business days to produce original I-9 forms. Do not destroy any documents, attachments, old I-9 Forms, or company records once a NOI is received. Hire counsel (Immigration and Criminal Defense).

7 Fun Facts

8 Recent I-9 Audit Fines.

9 How Fines Add Up Civil Violations First Offense Second Offense Third Offense Minimum Maximum Minimum Maximum Minimum Maximum 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. $375 per $3,200 per $3,200 per $6,500 per $4,300 per $16,000 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. $1,100 per form. Committing or participating in document fraud. $375 per $3,200 per $3,200 per $6,500 per $3,200 per $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. $375 per $3,200 per $3,200 per $6,500 per $4,300 per $16,000 per Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond. 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 Enforcement Trends Audits increasing each year. Fines increasing each year: FY : $1.5 million in fines. FY : $31.2 million in fines. States are pushing for mandatory E-Verify. Rise in DOJ s Office of Special Counsel (OSC) investigations for unlawful discrimination ICE I-9 Audit Trends

11 The Pitfalls Of Form I-9 Legacy I-9s: Are they compliant? If not, you re at risk. Incorrect info? Missing signatures, date, or checkboxes? Missing forms altogether? Originals examined? Have forms been re-verified? Valid ID documents reviewed? Old I-9s purged according to 1/3 year rule? Keeping copies of photo IDs for E-Verify?

12 Employers Obligation Cannot hire people without valid work authorization. 3 year & 1 year Retention Rule: Employers must retain and store Form I-9 for 3 years after the date of hire OR for 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 Remote Hiring Requirements Employers can designate an Authorized Agent to fill out Forms I-9 on behalf of company. USCIS does not require Authorized Agent to have specific agreements or other documentation for Form I-9 purposes. Notary Public acts as Authorized Agent of the employer, not as notary, and performs the same required actions as an authorized representative. The agent must carry out full Form I-9 responsibilities, and must not only physically examine the employment authorization and identity documents with the employee present, but must also sign Section 2. Employer is still liable for any violations in connection with the Form I-9 or the verification process, even when the form is completed on behalf of the employer by an authorized representative.

14 Best Practices Audit Your I-9s often and early. Create and implement internal training (including I-9 responsible officer), compliance program, and plan of action. Use electronic I-9 system (tracking, error proof, audit trail, reporting). Document your I-9 policy How and when forms are done, storage, access, reporting, purging. Tickler notices for expiring work authorization. Understand E-Verify, use it for new hires, and police your subcontractors. Copy identity documents - Drivers License, work authorization, green card, etc. (not required by law). Keep I-9 Forms separate from personnel files.

15 Let's Recap Get compliant to avoid HEFTY fines. Be prepared for an ICE Audit. Understand your obligation as an employer. Know the remote hiring requirements. Follow best practices, including an electronic I-9 system.

16 Sathab Abbo, Corporate Immigration Counsel Randa Hamade, Director of Marketing Q & A

17 Sathab Abbo, Corporate Immigration Counsel Laura Randazzo, VP of Compliance 100% CLOUD BASED FORM I-9 & E-VERIFY SOLUTIONS Q & A 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. 17

18 Key Features Walk-Up Usability Our system is easy to use and intuitive, making anyone an I- 9 expert. Increase Efficiency and Productivity Our software solutions reduce the time spent processing Form I- 9s by 75%. Integrate With Your HR Platform Seamlessly integrate with your existing HR, and enjoy accessibility and single sign-on from a wizard-driven platform. E-Verify Submission Instantly submit to E-Verify with customized options for each user, and Receive TNC notifications (Tentative Non- Confirmation) immediately.

19 Contact Sales@i9advantage.com Thank you for joining us! We look forward to seeing you at our upcoming webinar. i9advantage.com This document is not intended to provide legal advice. It contains general and public information. Any employer facing possible civil or criminal charges resulting from I-9 non-compliance is encouraged to consult an attorney. 19