McCall - How to Survive an ICE Audit


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McCall - How to Survive an ICE Audit

  1. 1. HOW TO SURVIVE AN ICE AUDIT Jeannie McCall, MS, SPHR Manager, Recruitment & Staffing TECO Energy, Inc. Tampa, FL
  2. 2. HOW TO SURVIVE AN ICE AUDIT “ . . . the rearview mirror is always clearer than the windshield.” - Warren Buffett
  3. 3. Form I-9
  4. 4. Handbook For Employers • 56 page instruction manual for completing the Form I-9 available at • Page 16 – most common wrongfully interpreted instruction is Retention of Form I-9 Remember, Forms I-9 must be stored for 3 years after the date you hire an employee, or 1 year after the date you or the employee terminates employment, whichever is later.
  5. 5. • A joint agreement between government and business to restore the integrity of the U.S. immigration system by strengthening hiring practices • Focus on reducing the size of illegal workforce, sharing best practices, self- policing.
  6. 6. IMAGE PROGRAM WHAT THE BUSINESS MUST DO • Ensure accuracy of wage reporting via SSNVS (Social Security Number Verification Service) • Establish a channel for employees to report activity related to the employment of illegal aliens • Establish I-9 auditing procedures (internal or external) • Develop an internal training program
  7. 7. IMAGE PROGRAM WHAT THE BUSINESS MUST DO • Submit a summary of current hiring practices • Submit to an I-9 audit • Use e-Verify • Communicate IMAGE guidelines to other companies in the network (sub-contractors) • Submit an annual report to ICE
  8. 8. Form I-9, Section 1 To be completed by the employee
  9. 9. MOST COMMON MISTAKES Section 1 • Pre-printed employee information • Missed the check box • Signature on the wrong line • Dates DOB (ie, 2010) Today’s date (ie, 1965) Military
  10. 10. Form I-9, Section 2 Employer Review and Verification Lists A, B and C
  11. 11. MOST COMMON MISTAKES Section 2 • B&C documents swapped • B&C documents name non-match • Wrong agencies noted • Hospital Birth Certificate not an acceptable C document • Overdocumentation
  12. 12. Form I-9, Certification Section
  13. 13. MOST COMMON MISTAKES Certification section • Hire date missing or incorrect • Signature missing • Date missing
  14. 14. Form I-9, Section 3 Updating and Reverification
  15. 15. MOST COMMON MISTAKES General • Missing or wrongfully purged documents HD plus 3 years or Term date + 1 year whichever is later • Name changes not followed up • Document copies attached or not attached?
  16. 16. EXPLANATORY ANNOTATION FORM I-9 CORRECTION During a Form I-9 (Employment Eligibility Verification) audit conducted December 21, 2008 through January 6, 2009, by the U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Office of Investigations (OI) and as part of the ICE Mutual Agreement between Government and Employers (IMAGE) application process for TECO Energy, Inc., this employees Form I-9 required correction. The Form I-9 attached hereto and completed for ________________ (Employee Last Name, First Name, MI) was corrected accordingly. FORM I-9 CORRECTION(S) MADE BY COMPANY OFFICIAL: Name of the Company Official: __________________________ Date of the Correction: ________________________________
  17. 17. IMAGE PROGRAM BENEFITS TO INDUSTRY • Two-year respite from I-9 audits/inspections • Training • Public Recognition • Good faith participation can be a mitigating factor in assessment of fines in future
  18. 18. PREPARE YOUR HR TEAM • 56 page instruction manual for completing the form I-9 available at • Provide formal training on I-9 documentation to your HR Team • Communication for employees to address the need to revisit the I-9 process with them • Conduct an internal audit of your Forms I-9 • Use two pair of eyes for collection and purge • Keep terminated I-9s in a separate file
  19. 19. CONTACT THE PRESENTER Jeannie McCall, MS, SPHR Manager, Recruitment & Staffing TECO Energy, Inc. Or contact me on LinkedIn