What Employers Must Know about Immigration
Control and Enforcement (ICE), I-9s and E-Verify
Speakers
Becky Ross
Marketing Manager - KPA
303.228.8753
bross@kpaonline.com
PresenterModerator
Tamara Lischer, PHR-CA
Cli...
Questions?
If you have questions
during the presentation,
please submit them using
the “Questions”
feature.
Questions will...
Learning Objectives
1. Immigration Reform and Control Legislation
• IRCA
1. Enforcement Agencies
• DHS
 ICE
 USCIS
1. Fo...
Immigration Reform and Control Act
of 1986 (IRCA)
Employers with 4 employees are prohibited from:
•Discriminating against ...
Stricter Enforcement, Big Fines
Under federal law, it is illegal
for any employer to hire, recruit
or refer for a fee any ...
How Are Fines Calculated
In determining penalty amounts, ICE considers
five factors:
1.the size of the business
2.good fai...
Department of Homeland Security (DHS)
 Department of Homeland Security was created due
to the 2003 merger of U.S. Customs...
Immigration and Custom Enforcement Agency (ICE)
 Principal investigative arm of the U.S. DHS and 2nd
largest investigativ...
NOI Documentation Requested
 ICE requested additional documentation via
subpoena. The most commonly requested
documents w...
Social Security Administration “No-Match” Letters
 What are they?
• Notice sent by SSA when employee name or SS# on W-2
d...
U.S. Citizenship and Immigration Services (USCIS)
 Mission Statement:
• “The “USCIS will secure America’s promise as a na...
Expect More H-1B Site Visits
 Fraud Detection and National Security (FDNS) plans
to increase unannounced site visits for ...
Expect More H-1B Site Visits (continued)
• Speak with witness present
• Retain copies of H-1B petitions and supporting
doc...
Form I-9
Under IRCA:
Employers must verify that individuals are
eligible to work by obtaining and retaining Form
I-9 and ...
Form I-9
Form I-9: Inspection of Documents
 Employers must review the
documents, but may not specify which
documents the new hire ...
Form I-9: The Receipt Rule
 Individual may present a “receipt” in lieu of listed
document to complete Section 2
• Valid f...
Form I-9: Rehires/Re-Verification
Rehired Employees
•Employees are not required to re-verify status of
individuals rehired...
Employment Eligibility Verification
How to Comply with Regulations
 Do not request more or different documents for
discri...
1. Keep Form I-9 for 3 years after the date employment
begins or 1 year after the person's employment is
terminated, which...
E-Verify
Employment Verification Program
E-Verify is an Internet-based system operated by the
DHS in partnership with the...
E-Verify: States Requiring Usage
 All or Most Employers
• Alabama, Arizona, Georgia, Louisiana, Mississippi, North Caroli...
E-Verify Self Check
 E-Verify Self Check was launched in 2011, English
and Spanish
 Voluntary service allowing individua...
 Consider using the E-Verify System for all hiring
• It’s easy, quick, and more importantly, FREE!
 Establish internal t...
Best Practices (continued)
 Establish a Tip Line for employees to report activity
relating to employment of unauthorized ...
Questions and Answers
Contact Information
The recorded webinar and presentation slides will be emailed to
you today including your local represe...
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What Employers Must Know about Immigration Control and Enforcement (ICE), I-9s and E-Verify

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What Employers Must Know about Immigration Control and Enforcement (ICE), I-9s and E-Verify

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  • Copyright © 2001-2007 Infor Global Solutions
  • Copyright © 2008 Infor. All rights reserved. www.infor.com.
  • In today’s webinar, we will discuss 4 key objectives: 1)Immigration Reform and Control Legislation -Immigration Reform and Control Act of 1986 (aka IRCA) 2)Enforcement Agencies Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) U.S. Citizenship and Immigration Services (USCIS) 3)Form I-9 4)E-Verify
  • 1) IMMIGRATION REFORM AND CONTROL LEGISLATION The Immigration Reform and Control Act of 1986 (IRCA) reformed the United States immigration law and has been looked at as the start of the modern era of immigration control and enforcement. The law is administered by the United States Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS).   Under IRCA, companies with as few as four employees are prohibited from discriminating against job applicants and employees (in hiring, firing, recruiting, or referring) on the basis of national origin or citizenship status. It is also illegal to retaliate against an employee who has filed a discrimination charge.   IRCA also prohibits employers from knowingly hiring, recruiting, or referring for a fee any alien who is unauthorized to work. The law seeks to preserve jobs for those who are legally entitled to them, whether they are American citizens or aliens who are authorized to work in the United States.   As a result of this law, all employers are required to verify both the identity and employment eligibility of all regular employees, temporary employees, temporary agency personnel, and student employees and complete and retain the Form I-9 documenting this verification.
  • Under federal law, it is illegal for any employer to hire, recruit or refer for a fee any alien not authorized to work in the United States. If you hire illegal aliens knowingly or unknowingly, you will face significant fines. There are criminal and civil penalties associated with this conduct. *For first offenders , there is a $250-$2,000 fine per illegal employee. *For a second offense , the fine is $2,000-$5,000 per illegal employee. *For employers who have been convicted of hiring illegal immigrants more than twice, the fine can range from $3000-$10,000 per employee. If the employer demonstrates a pervasive pattern of knowingly employing illegal immigrants, he or she could face additional fines, and up to six months in jail. You should be aware of how many states now have specific laws regarding hiring illegal workers and some now require the use of e-Verify (which we will discuss later on).
  • In determining penalty amounts, ICE considers five factors: the size of the business good faith effort to comply, seriousness of violation whether the violation involved unauthorized workers history of previous violations . If you believe you have incorrect I-9 Forms on file now is the time to perform an internal audit. Internal audits show good faith. minor documentation issues as opposed to outright hiring of illegal aliens all show a willingness to comply with the law. Once way to make sure you have confirmed the legal right to work in the United States is to use E-verify…
  • 2) ENFORCEMENT AGENCIES Department of Homeland Security (DHS) In 2003, the investigative and interior enforcement elements of the U.S. Customs Service and the Immigration and Naturalization Service (INS) merged and its functions were placed within the newly created DHS, under three agencies ICE (Immigration and Customs Enforcement) USCIS (U.S. Citizenship and Immigration Services) CBP (Customs and Border Protection). Because we are discussing immigration reform and control in employment today, we’ll focus on ICE and USCIS.
  • Immigration and Customs Enforcement Agency (ICE) U.S. Immigration and Customs Enforcement is the principal investigative arm of the U.S. Department of Homeland Security (DHS) and the second largest investigative agency in the federal government. ICE now has more than 20,000 employees in offices in all 50 states and 47 foreign countries. ICE, under the leadership of Secretary of Homeland Security Janet Napolitano, implemented a bold new worksite enforcement strategy and shifted the focus onto employers in 2009. The result was immediately noticeable, and a new era of stricter corporate compliance means the business community should now be on guard and expect an increase in I-9 audits, employer recordkeeping audits, unannounced site visits, and a big push for E-Verify for use by employers. The focus is the criminal prosecution of employers for knowingly violating immigration laws in their employment practices. This stepped-up enforcement includes attention to I-9 document compliance and the far more serious crimes of trafficking, smuggling, and harboring illegal immigrants. Recently, in the summer of 2011, ICE issued 1,000 Notices of Inspection (NOI) of I-9 forms and administrative subpoenas to U.S. employers. This is the largest I-9 inspection action since 2009 issuance of NOIs. Unlike the 2009 action, ICE did not publicize its most recent enforcement effort. Unfortunately, this wave of NOIs demonstrates a pattern of inconsistent document requests and timelines for companies to respond. Under 8 CFR Section 274a.2(b)(2)(ii), a company must be provided “with at least three days’ notice prior to an inspection of Forms I-9.” Several ICE offices strictly limit the NOI response time to 3 days. Others provided anywhere from 3 to 28 days to respond.
  • Documentation Requested Upon NOI The recent round of NOIs included a range of requests for additional documentation and included a subpoena for the requested documentation. The most commonly requested documents were: 1)copies of correspondence from the Social Security Administration, sometimes identified as “No-Match” letters; (I will go through what these letters are and how to respond) 2)a list of employees with Social Security Numbers, dates of birth and hire dates; 3)quarterly tax statements and business information such as tax identification numbers; and 4)an indication of whether or not the company was enrolled in E-Verify or the Social Security Number Verification System (SSNVS).
  • Social Security Administration “No-Match” letters After nearly a four-year hiatus, in April 2011, the Social Security Administration (SSA) began mailing no-match letters to employers. What are they? Social Security no-match letter is a notice sent by the Social Security Administration (SSA) to employers and employees to inform them that the employee name or Social Security number listed on an employee's W-2 does not match the SSA records. The no-match letter is not a notice that the employer or employee has done anything wrong. SSA mismatches may have many root causes, including failure to inform the SSA that a name change has occurred, typographical errors, an error within the SSA database, and individuals who present false social security numbers or use another person's social security number when completing hiring paperwork. A few things to note with the Social Security Administration “No-Match” letters you may receive: Employers not required to respond, however… The matter may be referred to the IRS or the Justice Department ICE will request copies of these “No-Match” letters during an audit What to do if you receive a no match letter First review the Form W-4, Form I-9, Social Security number verification system (SSNVS) record, and any other documents currently in the employer's possession that may contain the employee's SSN to ensure that the employee's name and SSN are correctly shown on the documents. If an error is discovered that was submitted to the SSA in the wage report, advise the SSA of any corrections. If, however, the records reflect the name and SSN provided by the employee: Notify the employee that he or she should immediately contact the SSA to correct any problems with the employee's SSA record. Provide a reasonable time for employee to respond (60-120 days) Do not ignore! Immediately review the record to ensure there is no typo or other error and then require the employee to provide alternative documentation and follow up to ensure the documentation was received within reasonable time period
  • U.S. Citizenship and Immigration Services (USCIS) The USCIS’s mission statement is “ the USCIS will secure America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.” U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. The USCIS was formed to enhance the security and improve the efficiency of national immigration services by exclusively focusing on the administration of benefit applications. The U.S. Citizenship and Immigration Services is responsible for the Form I-9 and E-Verify program, which we will discuss shortly.
  • USCIS Says To Expect More H-1B Site Visits The USCIS, through its Office of Fraud Detection and National Security (FDNS), plans to increase its unannounced site visits to employers who have petitioned for H-1B status on behalf of one or more employees. The primary purpose of the site visits is to detect, pursue and deter fraud within the H-1B program.   In case you aren’t sure what an H-1B visa is, let me explain it a little. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine. Under the visa, a US company can employ a foreign worker for up to six years.   Applying for a non-immigrant visa is generally quicker than applying for a US Green Card, therefore the H-1B visa is popular for companies wishing to bring in staff for long-term assignment in the US.   To help prepare for a potential site visit, an employer should do the following: 1)Contact immigration counsel immediately upon an FDNS site visit. 2)Advise personnel responsible for greeting visitors that it is company policy not to admit any unauthorized person – including government agents or contractors – to the private areas of the business without the approval of a designated company official. The designated company official should be knowledgeable of the employer’s immigration program and the conditions under which beneficiaries are employed. 3)Request the name, title and contact information for the FDNS officer. 4)Request a business card with a toll free number or call to obtain confirmation of his or her credentials prior to providing any information.
  • USCIS Says To Expect More H-1B Site Visits 5)Do not speak with government agents or contractors without a witness present. 6)Retain copies of H-1B petitions and supporting documentation in a confidential file maintained by the designated company official; retrieve this documentation and review it prior to meeting with the FDNS officer. 7)Accompany the FDNS officer during his or her review of your facilities and request to be present during the interviews of any of the company’s employees. Note that this request may be denied in order for the officer to obtain the most candid responses from employees. 8)Prepare notes of what transpired at the interview and label them “Privileged and Confidential/Prepared at the Direction of Counsel” and keep a record of any documentation provided during the site visit.
  • I-9   Under IRCA Employers must verify that individuals are eligible to work by obtaining an Employment Eligibility Verification Form, known as Form I-9, and inspecting the required supporting documents at the time of hiring (within 3 business days of the employee’s start date). Employees must provide employers with documents that show (1) identity and (2) employment eligibility. Employees must also attest under penalty of perjury that they are either U.S. nationals or aliens authorized to work in the United States. Purpose of Form All U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form.
  • I-9 Inspection of Documents Employers must review the documents of new employees to verify both the identity and employment eligibility of all persons hired after November 6, 1986, and may not specify which documents the new hire must provide. Any one item produced from List A of the I-9 form will verify an applicant's identity and employment eligibility. Alternatively, the applicant may produce any one item from List B and any one item from List C to satisfy the requirements. I-9 forms must be retained for 3 years after the worker is hired or for 1 year after termination, whichever is longer. Employers may only accept original documents and those that appear to be genuine and relate to the person presenting them. While regulations do not require employers to copy and retain the documents presented by individuals, it is good practice to do so. However, remember to follow the same procedure for all new hires and keep the documents separate.
  • I-9 The Receipt Rule Under the receipt rule, an individual may present a "receipt" in lieu of a listed document to complete section 2 of Form I-9. The receipt is valid for a temporary period. There are three different documents that qualify as receipts under the rule: If an individual’s document has been lost , stolen , or damaged , then he/she can present a receipt for the application for a replacement document. The replacement document needs to be presented to the employer within 90 days of the date of hire or, in the case of reverification, the date employment authorization expires. If the individual presents as a receipt, the arrival portion of the Form I-94 containing both an unexpired temporary I-551 stamp (indicating temporary evidence of permanent resident status) and a photograph of the individual, such document satisfies the Form I-9 documentation presentation requirement until the expiration date on the Form I-94. If no expiration date is indicated, an employer may accept the receipt for one year from the date the Form I-94 was issued. Form I-94 with a refugee admission stamp is acceptable as a receipt for 90 days, within which time the employee must present an unrestricted Social Security card together with an identity document from List B, or an Employment Authorization Document (Form I-688B or Form I-766). To indicate refugee status, the stamp may include a reference to Section 207 of the Immigration and Nationality Act (INA) rather than state the word “refugee.”
  • I-9 Completing Section 3, Updating and Reverification Employers may complete Section 3 when: An employee’s employment authorization or documentation of employment authorization has expired. An employee is rehired within three years of the date that Form I-9 was originally completed. An employee changes his or her name. Rehired Employees Employers are not required to re-verify the status of individuals they previously employed if the worker is rehired within 3 years of the initial execution of the I-9 form.   Reverification When an employee’s employment authorization or employment authorization documentation (in most cases) expires, an employer must reverify that the employee is still authorized to work and the I-9 form must be updated. During this re-verification process employers must accept any valid documents an employee chooses to present, whether or not they are the same documents provided initially. Identity documents need not be inspected when an I-9 form is updated We suggest that employers remind employees, at least 90 days before the date reverification is required, that the employees will be required to present a List A or List C document showing continued employment authorization on the date that their employment authorization or documentation expires. If the employee has a Form I-765, Application for Employment Authorization, pending with USCIS, and the application has been pending for 75 days, the employee may call the National Customer Service Center or schedule an INFOPASS appointment at a local office to request expedited processing. Employers should not reverify: U.S.citizens Lawful permanent residents(LPRs) who presented a Permanent Resident Card (Form I-551) for Section 2 List B documents Unless reverification does not apply (as stated above), when an employee’s employment authorization or employment authorization documentation expires the employee must present unexpired documentation from either List A or List C showing he or she is still authorized to work. To complete Section 3, the employer must: Examine the documentation to determine if it appears to be genuine and to relate to the employee presenting it. If the employer rejects the documentation, the employer should allow the employee to present other documentation from List A or List C. Record the document title, document number and expiration date, if any. Sign and date Section 3. If you previously completed Section 3, or if the version of the form you used for a previous verification is no longer valid, you must complete Section 3 of a new Form I-9 using the most current version and attach it to the previously completed Form I-9.
  • Employment Eligibility Verification How to Comply with the Regulations Do not request more or different documents for discriminatory purposes. Do not knowingly use, attempt to use, possess, obtain, accept, or receive any forged, counterfeit, altered, or falsely made documents. Do not backdate or otherwise falsely make Form I-9 appear as if it is or has been in compliance with IRCA. Have new employees complete Section 1 of Form I-9 by filling in the correct information and signing and dating the form. Ensure that employees fully and properly complete Section 1 of Form I-9. Examine the original document(s) presented by the employee and then fully complete Section 2 of Form I-9 (note that a certified copy of a birth certificate is an original document for this purpose) Keep Form I-9 for 3 years after the date employment begins or 1 year after the person's employment is terminated, whichever is later Verify that employees present original documents to establish their identity and employment eligibility within 3 business days of the date employment begins if employment will last more than 3 days. If employees are unable to produce the required documents within 3 business days, they must produce a receipt showing that they have applied for the document and present the original document within 90 days of hire. However, employees must present the documents at the time of hire if they are hired for fewer than 3 days. Verify that employees indicate if they are already eligible to be employed in the United States and capable of presenting acceptable documents within 3 business days of employment by checking the appropriate box in Section 1 of Form I-9.
  • Employment Eligibility Verification How to Comply with the Regulations Keep Form I-9 for 3 years after the date employment begins or 1 year after the person's employment is terminated, whichever is later Verify that employees present original documents to establish their identity and employment eligibility within 3 business days of the date employment begins if employment will last more than 3 days. If employees are unable to produce the required documents within 3 business days, they must produce a receipt showing that they have applied for the document and present the original document within 90 days of hire. However, employees must present the documents at the time of hire if they are hired for fewer than 3 days. Verify that employees indicate if they are already eligible to be employed in the United States and capable of presenting acceptable documents within 3 business days of employment by checking the appropriate box in Section 1 of Form I-9.
  • E-Verify Employment Verification Program E-Verify is an Internet-based system operated by the DHS in partnership with the SSA that allows participating employers to electronically verify the employment eligibility of their newly hired employees. USCIS provides free E-Verify webinars on their website if you would like to learn more. Participation in E-Verify is voluntary to participating employers. However, some cities and states have mandated the use of the E-Verify System Several states have passed legislation addressing the use of E-Verify for private and public employers based on varying conditions.
  • A number of states now require the usage of E-Verify either for all employers or for employers with certain contracts with the state. There are also some cities and counties that also requires the use of E-Verify for contractors. Even if you are doing business in a state that doesn’t requires E-Verify iit is fast, free and easy to use – and it’s the best way employers can ensure a legal workforce. Because the requirements for participation in the E-Verify program vary between states, see www.uscis.gov for further clarification.
  • E-Verify E-Verify Self Check Effective in 2011, U.S. Citizenship and Immigration Services (USCIS) launched the E-Verify Self Check. Self Check is a voluntary service that allows individuals to input their personal information into the E-Verify database, which will confirm employment status by cross-checking the Department of Homeland Security (DHS) and Social Security Administration (SSA) records. If a mismatch occurs, the system will provide information for how to correct the mismatch.
  • Use the E-Verify Program for all hiring. It’s easy, quick, and more importantly, FREE! Establish an internal training program, with annual updates, on how to manage completion of Form I-9 (Employee Eligibility Verification Form), how to detect fraudulent use of documents in the I-9 process, and how to use the E-Verify System. Permit the I-9 process to be conducted only by individuals who have received this training—and include a secondary review as part of each employee’s verification to minimize the potential for a single individual to subvert the process. Arrange for annual I-9 audits by an external auditing firm or a trained employee not otherwise involved in the I-9 and electronic verification process. Establish a self-reporting procedure for reporting to ICE any violations or discovered deficiencies. Establish a protocol for responding to no-match letters received from the Social Security Administration.
  • Establish a Tip Line for employees to report activity relating to the employment of unauthorized aliens, and a protocol for responding to employee tips. KPA’s HR Management System (HRM), HotlinkHR has a tab available for employee to submit a report (called the Hotline tab). This feature is available to all HotlinkHR clients. If you don’t have this tab enabled, contact your Client Advocate and we can take care of this for you. Establish a protocol for assessing the adherence to the “best practices” guidelines by the company’s contractors/subcontractors. Submit an annual report to ICE to track results and assess the effect of participation in the IMAGE program. IMAGE is a voluntary partnership initiative between the federal government and private sector employers. The initiative is designed to foster cooperative relationships and to strengthen overall hiring practices. ICE has developed this initiative as a new concept for employer self-compliance within the worksite enforcement program, through which employers can achieve a lawful workforce through self-policing of their hiring practices. Further information can be found on the ICE website ( www.ice.gov )
  • What Employers Must Know about Immigration Control and Enforcement (ICE), I-9s and E-Verify

    1. 1. What Employers Must Know about Immigration Control and Enforcement (ICE), I-9s and E-Verify
    2. 2. Speakers Becky Ross Marketing Manager - KPA 303.228.8753 bross@kpaonline.com PresenterModerator Tamara Lischer, PHR-CA Client Advocate, HR Products 303.228.8765 tlischer@kpaonline.com
    3. 3. Questions? If you have questions during the presentation, please submit them using the “Questions” feature. Questions will be answered at the end of the webinar. Copyright © 2011 TK Carsites. All rights reserved. www.tkcarsites.com.
    4. 4. Learning Objectives 1. Immigration Reform and Control Legislation • IRCA 1. Enforcement Agencies • DHS  ICE  USCIS 1. Form I-9 2. E-Verify
    5. 5. Immigration Reform and Control Act of 1986 (IRCA) Employers with 4 employees are prohibited from: •Discriminating against job applicants and employees (in hiring, firing, recruiting, or referring) on basis of national origin or citizenship status •Retaliating against employee who has filed discrimination charge •Knowingly hiring, recruiting, or referring any alien who is unauthorized to work •Employers are required to: •Verify both identity and employment eligibility of all regular employees, temporary employees, student employees •Complete and retain Form I-9, within 3 business days of start date
    6. 6. Stricter Enforcement, Big Fines Under federal law, it is illegal for any employer to hire, recruit or refer for a fee any alien not authorized to work in the United States. There are criminal and civil penalties associated with this conduct. •For first offenders, there is an average $250-$2,000 fine per illegal employee. •For a second offense, the average fine is $2,000-$5,000 per illegal employee.
    7. 7. How Are Fines Calculated In determining penalty amounts, ICE considers five factors: 1.the size of the business 2.good faith effort to comply, 3.seriousness of violation 4.whether the violation involved unauthorized workers 5.history of previous violations
    8. 8. Department of Homeland Security (DHS)  Department of Homeland Security was created due to the 2003 merger of U.S. Customs Service and Immigration and Naturalization Service (INS)  Three agencies were created within the DHS: 1. ICE (Immigration and Customs Enforcement) 2. USCIS (U.S. Citizenship and Immigration Services) 3. CBP (Customs and Border Protection)
    9. 9. Immigration and Custom Enforcement Agency (ICE)  Principal investigative arm of the U.S. DHS and 2nd largest investigative agency in federal government. • > 20,000 employees in 50 states and 47 foreign countries  In 2009, worksite enforcement strategy focused on employers • Increase in I-9 audits, employer recordkeeping audits, unannounced site visits, and big push for E-Verify use  In 2011, ICE issued 1,000 Notices of Inspection (NOI) of I-9 forms and administrative subpoenas • Unlike 2009, ICE did not publicize enforcement effort
    10. 10. NOI Documentation Requested  ICE requested additional documentation via subpoena. The most commonly requested documents were: • Social Security Administration “No-Match” letters • Employee list with SS#, DOB, and hire dates • Quarterly tax statements and business information (i.e. tax identification numbers) • Indication of whether or not the company was enrolled in E-Verify or the Social Security Number Verification System (SSNVS)
    11. 11. Social Security Administration “No-Match” Letters  What are they? • Notice sent by SSA when employee name or SS# on W-2 does not match SSA records  Employers are not required to respond, however… • The matter may be referred to IRS or Justice Department • ICE will request copies of these “No-Match” letters during an audit  What should you do if you receive a “No-Match” letter? • Review employee records and documents that contain SSN to ensure there are no typos or errors and require the employee to provide alternative documentation • Provide reasonable time for employee to respond (60-120 days) • Do not ignore!
    12. 12. U.S. Citizenship and Immigration Services (USCIS)  Mission Statement: • “The “USCIS will secure America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.” Oversees lawful immigration to the United States Formed to enhance security and improve efficiency of national immigration services by focusing on benefit applications Responsible for Form I-9 and E-Verify program
    13. 13. Expect More H-1B Site Visits  Fraud Detection and National Security (FDNS) plans to increase unannounced site visits for H-1B petitioned employers  Preparing for potential site visit: • Contact immigration counsel immediately • Do not permit unauthorized personnel into private areas of the business • Request name, title, and contact information • Request business card prior to providing any information
    14. 14. Expect More H-1B Site Visits (continued) • Speak with witness present • Retain copies of H-1B petitions and supporting documentation in confidential file • Be present during facility review and interviews • Prepare notes of what transpired at interview and label as “Privileged and Confidential/Prepared at the Direction of Counsel”
    15. 15. Form I-9 Under IRCA: Employers must verify that individuals are eligible to work by obtaining and retaining Form I-9 and inspect supporting documentation at time of hire Employees must provide employers with documents that show (1) identity and (2) employment eligibility Employees must attest that they are authorized to work in the United States.
    16. 16. Form I-9
    17. 17. Form I-9: Inspection of Documents  Employers must review the documents, but may not specify which documents the new hire must provide  List A = Verifies identify and employment eligibility  List B = Verifies identity  List C = Verifies employment eligibility  I-9s must be retained 3 years after hire date or 1 year after termination, whichever is longer  Only accept original genuine documents  Retention of documents presented – not required, but good practice
    18. 18. Form I-9: The Receipt Rule  Individual may present a “receipt” in lieu of listed document to complete Section 2 • Valid for a temporary period  3 documents that qualify: • Receipt for application for replacement document when document has been lost, stolen, or damaged (valid for 90 days from hire date) • Arrival portion of Form I-94 containing both an unexpired temporary I-551 stamp and photograph of individual • Form I-94 with refugee admission stamp with unrestricted Social Security card together with document from List B, or Employment Authorization Document (acceptable for 90 days)
    19. 19. Form I-9: Rehires/Re-Verification Rehired Employees •Employees are not required to re-verify status of individuals rehired within 3 years of initial execution of I- 9 Re-Verification •Many authorization documents must be renewed on or before their expiration date and I-9 must be updated •Employers must accept any valid documents employee chooses to present •Identity documents need not be inspected when I-9 is updated
    20. 20. Employment Eligibility Verification How to Comply with Regulations  Do not request more or different documents for discriminatory purposes  Do not knowingly use, attempt to use, possess, obtain, accept, or receive forged, counterfeit, altered, or falsely made documents  Do not backdate Form I-9  Have new employee complete Section 1 and ensure proper completion  Examine original documents and then fully complete Section 2
    21. 21. 1. Keep Form I-9 for 3 years after the date employment begins or 1 year after the person's employment is terminated, whichever is later 2. Verify that employees present original documents to establish their identity and employment eligibility within 3 business days of the date employment begins if employment will last more than 3 days. 3. Verify that employees indicate if they are already eligible to be employed in the United States and capable of presenting acceptable documents within 3 business days of employment by checking the appropriate box in Section 1 of Form I-9. Rule of Three
    22. 22. E-Verify Employment Verification Program E-Verify is an Internet-based system operated by the DHS in partnership with the SSA that allows participating employers to electronically verify the employment eligibility of newly hired employees Participation is voluntary to participating employers • Several states have passed legislation addressing use of E-Verify for private and public employers based on varying conditions • Vary between states
    23. 23. E-Verify: States Requiring Usage  All or Most Employers • Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Utah  Public Employers and/or Contractors • Florida, Indiana, Missouri, Nebraska  Public Employers Only • Idaho, Virginia  Contractors Only • Colorado, Minnesota  Employers through local or municipal requirement only • Michigan, New York, Oregon, Pennsylvania, Washington  Pending Legal Decision • Oklahoma  Requirement Rescinded or Expired • California, Illinois, Rhode Island
    24. 24. E-Verify Self Check  E-Verify Self Check was launched in 2011, English and Spanish  Voluntary service allowing individuals to input their personal information into database to confirm employment status • If mismatch occurs, system will provide information for how to correct
    25. 25.  Consider using the E-Verify System for all hiring • It’s easy, quick, and more importantly, FREE!  Establish internal training program, with annual updates, on how to manage completion of I-9, how to detect fraudulent use of documents in I-9 process, and how to use the E-Verify System  Arrange for annual I-9 audits  Establish self-reporting procedure for reporting to ICE any violations or discovered deficiencies  Establish protocol for responding to SSA “No-Match” letters Best PracticesBest Practices
    26. 26. Best Practices (continued)  Establish a Tip Line for employees to report activity relating to employment of unauthorized aliens, and protocol for responding to tips • HotlinkHR Hotline feature available  Establish a protocol for assessing adherence to the “best practices” guidelines by the company’s contractors/subcontractors  Submit annual report to ICE to trace results and assess affect of participation in IMAGE program • Voluntary partnership initiative between federal government and private sector employers designed to foster cooperative relationships and to strengthen overall hiring practices (www.ice.gov)
    27. 27. Questions and Answers
    28. 28. Contact Information The recorded webinar and presentation slides will be emailed to you today including your local representative’s contact information. www.kpaonline.com tlischer@kpaonline.com bross@kpaonline.com 866-356-1735
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