What CEOs Must Know About ImmigrationStrategies to Survive Government Oversight

Presented by Ann Massey Badmus

Immigrant Demographics

Approximately 33.5 million foreign-born people live in the United States.

The foreign born represent 11.7 percent of the U.S. population.

Source: Current Population Survey, Annual Social and Economic Supplement, 2003US Census Bureau

Immigrant Demographics Foreign born workers are 15.3% of the

labor force and represent 44.6% of the 2.7 million increase in employment from 2005 to 2006

Bureau of Labor Statistics, 2006

In 2005, foreign born students obtained 41% of doctoral degrees in sciences and engineering

NSF, Science and Engineering Doctorate Awards 2005, Table 3

Government OversightLook Who’s Watching

Department of Homeland Security

U.S. Citizenship and Immigration Service (USCIS) www.uscis.gov - immigration benefits and services

U.S. Customs and Border Protection (CBP) – www.cbp.gov – border patrol and international travel facilitation

Department of Homeland SecurityImmigration and Customs Enforcementwww.ice.gov

Investigates employers for compliance with employment employer verification rules and removes undocumented aliens from the United States

U.S. Department of Laborwww.foreignlaborcert.doleta.gov

Investigates employer verification compliance, visa compliance, violation of worker rules

U.S. Department of JusticeOffice of Special Counsel (OSC)

www.usdoj.gov/crt/osc/

Investigates and prosecutes charges of immigration-related unfair employment practices

State of the Union – As it Relates to Immigration-Related Legislation

1000s of pieces of legislation introduced around the country since 2006.•Over 20 states now impose their own immigration rules on Employers.

Costs of Non-ComplianceHow Much Are You Willing to Risk?

Employment Verification Rule

All employers must verify employment eligibility of new employees using the I-9 Form

Employer must not knowingly hire or continue to hire unauthorized workers.

Fines/Penalties for I-9 and Unauthorized Employment Offenses

I-9 violations - $110 to $1110 for each violation

Unauthorized employment for offenses occurring on or after March 27, 2008 -

$375 to $3200 – 1st offense$3200 to $6500 – 2nd offense$4300 to $16000 – more than 2 offenses

Fines/Penalties for I-9 and Unauthorized Employment OffensesTo determine the amount of the penalty, ICE considers:

The size of the business of the employer being charged

The good faith of the employer The seriousness of the violation Whether or not the individual was an

unauthorized alien The history of previous violations of the

employer

Good Faith DefenseIf you can show that you have, in good faith, complied with Form I-9 requirements, then you have established a “good faith” defense with respect to a charge of knowingly hiring an unauthorized alien, unless the government can show that you had actual knowledge of the unauthorized status of the employee.

Criminal Penalties Knowingly hire or continue to employment

unauthorized worker – fines up to $3000 per employee and/or 6 months imprisonment

False statements, misusing visas & identity documents – fines and/or penalties up to 5 years imprisonment

Harboring alien – up to 5 years imprisonment and $250,000 in fines

Criminal Charges -Who Can Be Charged? Business Owners Plant Managers & Supervisors HR Personnel Union Stewards Intermediate and Senior Executives

Anti-Discrimination Violations

Fines and Penalties $110 to $16000 depending upon the

violation Back pay (no more than 2 years before

claim was filed) Hire or re-hire Personnel training Attorneys Fees

Winning Strategies for CEOs Developing a Culture of Compliance

Immigration Compliance Plan Written procedures and policies Training and Supervision Contractor compliance Consolidation of process for multiple

locations

Immigration Compliance Plan Secure and consolidate records E-Verify Social Security no-match letters Violations reporting and

investigations

Annual I-9 Self-Audits Prepare for government audit Identify errors for correction Identify training issues Contractual compliance

requirements Demonstrate good faith compliance

and avoid fines/penalties

Post-Audit Implementation Plan Conduct Training Ensure Corrections are Made Review Audit Report Implement Procedural Changes Store I-9 Audit Records Maintain Ongoing Project Attitude

Response Plan for Government Audits and Enforcement Actions (RAIDS)

Training of Employees Designation of Company Point of

Contact Immigration Attorney Criminal Defense Attorney

Q & A

"Immigration law is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold."

- USCIS spokeswoman Karen Kraushaar

Immigration Counsel Develop written compliance plans

and audit safeguards Conduct third-party compliance

audits Develop contractor compliance

and termination policies

Immigration Counsel Conduct training and reviews Advise before immigration-related

hiring or firing Defend against enforcement actions Keep you updated on changing rules

Legal Notice

Facts of individual situations differ.

The information provided here is general in nature and should not be relied upon for specific situations.

Consult with an experienced immigration attorney to ensure compliance.

Thank You!

Badmus Law Firm

12700 Park Central Drive

Suite 1910

Dallas, Texas 75251

469-916-7900 Telephone

469-916-7901 Facsimile

www.badmuslaw.com

annbadmus@badmuslaw.com