how to reduce your legal risk with employment eligibility · enforcement trends . audits increasing...

800.724.8546

How To Reduce

Your Legal Risk With

Employment Eligibility

Sathab Abbo, Corporate Immigration Counsel Randa Hamade, Director of Marketing

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800.724.8546 | i9advantage.com

Sathab Abbo, Corporate Immigration Counsel

i9advantage.com

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

800.724.8546

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 1st 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.

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 violation.


Are You At Risk of An ICE Audit?

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.

Yes! Every Employer is at risk.

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).


Fun Facts


Recent I-9 Audit Fines

.


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

worker.

$3,200 per

worker.

$3,200 per

worker.

$6,500 per

worker.

$4,300 per

worker.

$16,000 per

worker.

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

worker.

$3,200 per

worker.

$3,200 per

worker.

$6,500 per

worker.

$3,200 per

worker.

$6,500 per

worker.

Committing document abuse. $110 per

violation.

$1,100 per

violation.

$110 per

violation.

$1,100 per

violation.

$110 per

violation.

$1,100 per

violation.

Unlawful discrimination against an employment-authorized

individual in hiring, firing, or recruitment or referral for a fee.

$375 per

violation.

$3,200 per

violation.

$3,200 per

violation.

$6,500 per

violation.

$4,300 per

violation.

$16,000 per

violation.

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.


the entire pattern or practice.

• Up to $3,000 per

unauthorized alien.


the entire pattern or

practice.

How Fines Add Up

Enforcement Trends

.

Audits increasing each year.

Fines increasing each year:

• FY 2003 – 2008: $1.5 million in fines.

• FY 2009 – 2012: $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.

250 503

1444 2000

2496 3000

0

1000

2000

3000

4000

2007 2008 2009 2010 2011 2012

ICE I-9 Audit Trends

The Pitfalls Of Form I-9

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?

Legacy I-9s: Are they compliant?

If not, you’re at risk.


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.


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.


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.


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.

Q & A


Sathab Abbo, Corporate Immigration Counsel Randa Hamade, Director of Marketing

Q & A

Sathab Abbo, Corporate Immigration Counsel Laura Randazzo, VP of Compliance

100% CLOUD BASED FORM I-9 & E-VERIFY SOLUTIONS

17

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.

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

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E-Verify® Submission

Instantly submit to E-Verify® with customized options for each

user, and Receive TNC notifications (Tentative Non-

Confirmation) immediately.

Key Features


Contact Us

[email protected]

800.724.8546

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.

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