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Solve HR’s Toughest Immigration Challenges Immigration Control and Enforcement (ICE), No Match Letter and E-Verify


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Solve HR’s Toughest Immigration Challenges
Immigration Control and Enforcement (ICE), No Match Letter and E-Verify

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Solve HR’s Toughest Immigration Challenges Immigration Control and Enforcement (ICE), No Match Letter and E-Verify

  1. 1. Solve HR’s Toughest ImmigrationSolve HR’s Toughest Immigration ChallengesChallenges Immigration Control and Enforcement (ICE), No Match Letter and E-VerifyImmigration Control and Enforcement (ICE), No Match Letter and E-Verify
  2. 2. 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
  3. 3. Employers are required to comply with a myriad of complicated local, state and federal employment regulations. These regulations are difficult to understand, poorly communicated by regulatory agencies and continually changing. Regulatory requirements present a confusing and often overwhelming task for managers. As the cost of non-compliance continues to skyrocket in both punitive fines and employee litigation costs & settlements, the challenge is made worse by economic downturn and the increase in employee ligation that results from hard times. Webinar Overview
  4. 4. Immigration Reform and Control Act ofImmigration Reform and Control Act of 1986 (IRCA)1986 (IRCA) The Immigration Reform and Control Act of 1986 (IRCA) bars employers from hiring individuals, including illegal aliens, who are not legally entitled to work in the United States. IRCA prohibits employers from discriminating 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. This provision applies to employers with four or more employees
  5. 5. • The law is administered by the United States Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS). This agency was formerly known as the Bureau of Citizenship and Immigration Services (BCIS) and the Immigration and Naturalization Service (INS) and was part of the U.S. Department of Justice. Immigration Reform and Control Act ofImmigration Reform and Control Act of 1986 (IRCA)1986 (IRCA)
  6. 6. PUT I.C.E. ON ICE • The Obama administration's Immigration and Customs Enforcement (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 • The expectation is that the enforcement will be even stricter and more proactive in 2012
  7. 7. PUT I.C.E. ON ICE • Under the new enforcement strategy, it is expected that more employers will face criminal prosecutions and civil fines for employing individuals unauthorized to work in the U.S although the arrest of employees will be secondary to the investigation of their employers • ICE plans to have indictments, criminal arrests or search warrants, and a commitment to prosecute the targeted employer before arresting employees for immigration violations at the worksite • Under the new worksite enforcement strategy, ICE is using Form I-9 Notices of Inspection as the main mechanism to determine whether employers are in compliance with immigration laws. Since implementing the new strategy there has been a remarkable increase in notices issued
  8. 8. PUT I.C.E. ON ICE • Another round of I-9 Notices of Inspection occurred of thousands of employers nationwide in 2012 and is expected to continue in 2012 • The Notices of Inspection require employers to allow ICE to inspect their I-9 forms to determine compliance with employment eligibility verification laws • Once served with a Notice of Inspection, employers are generally given three days to provide their I-9 forms to the government for review
  9. 9. • 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. • 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. Immigration Reform and Control Act ofImmigration Reform and Control Act of 1986 (IRCA)1986 (IRCA)
  10. 10. • 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 Inspection of DocumentsInspection of Documents
  11. 11. • 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 Inspection of DocumentsInspection of Documents
  12. 12. • 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: • A receipt for the application for a replacement document when the document has been lost, stolen, or damaged. This receipt is valid for 90 days, after which the individual must present the replacement document to complete the I-9 form. This rule does not apply to individuals who present receipts for new documents following the expiration of their previously held document. The Receipt RuleThe Receipt Rule
  13. 13. • 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. Rehired EmployeesRehired Employees
  14. 14. • Many work authorization documents must be renewed on or before their expiration date, and the I-9 form must be updated. During this reverivification 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 Reverification
  15. 15. 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) Tip: Consider using E-Verify even if not required to do so by state or federal law Employment Eligibility RegulationsEmployment Eligibility Regulations
  16. 16. 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. Employment Eligibility RegulationsEmployment Eligibility Regulations
  17. 17. • Employers may be assessed civil penalties for hiring or continuing to employ unauthorized aliens, failing to comply with Form I-9 requirements, or not requiring identification • Failure to properly complete and retain Form I-9 may subject employers to civil penalties exceeding $1000 per violation Civil and Criminal PenaltiesCivil and Criminal Penalties
  18. 18. • Employers are also subject to criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens; engaging in fraud or false statements; or misusing visas, immigration permits, or identification documents. Civil and Criminal PenaltiesCivil and Criminal Penalties
  19. 19. • A recurrent issue encountered in ICE worksite enforcement investigations today is the abuse of the Social Security card by individuals seeking to satisfy the work authorization requirements mandated by federal law. • The Social Security card has long been a favorite of fraudulent document vendors. In fact, immigration fraud investigators have coined the term “three pack” to refer to the frequently encountered fraudulent document combination of the Social Security card, the state driver's license or identity card, and a work authorization document. Social Security Card/Number AbuseSocial Security Card/Number Abuse
  20. 20. • A common Social Security card fraud theme is for individuals without work authorization to assume the identity of persons with valid identity and work authorization documents to establish employment eligibility during the I-9 process. Social Security Card/Number AbuseSocial Security Card/Number Abuse
  21. 21. • ICE has issued a worksite enforcement advisory to make employers aware of significant fraud trends encountered by the law enforcement community so that employers do not inadvertently facilitate acts of identity theft within their own workforce. See advisory at: • ICE, in cooperation with other federal agency partners, such as the Social Security Administration, USCIS and the Federal Trade Commission are working together to enhance efforts to protect and promote the integrity of the Social Security number and card. Social Security Card/Number AbuseSocial Security Card/Number Abuse
  22. 22. Additional Resources and IssuesAdditional Resources and Issues • Employers may utilize commercially available database software or credit checks to compare the reported use of the Social Security card number with the reported work history and residences of the employee. This information may indicate either that your employee is the victim of identity or other fraud, or it may indicate that your employee is using a stolen number • Do not ignore information that you learn as an employer that indicates an employee is not authorized to work.
  23. 23. E-Verify—E-Verify— Employment Verification ProgramEmployment 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 • E-Verify involves verification checks of the SSA and DHS databases using an automated system to verify the employment authorization of all newly hired employees
  24. 24. • Participation in E-Verify is voluntary to participating employers. • HotlinkHR verifies Social Security Numbers Automatically E-Verify—E-Verify— Employment Verification ProgramEmployment Verification Program
  25. 25. Social Security “no match letter” • Employers not required to respond but… – Matter may be referred to IRS or Justice Department – ICE will request copies of no match letters during an audit • What to do if you receive a no match letter – Provide a reasonable time for employee to respond (60-120 days) – Do not ignore, immediately review record to ensure there is not a typo or other error and then require the employee to provide alternative documentation and follow up to ensure received within reasonable time period
  26. 26. • Use the Employment Verification Program for all hiring • 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 Basic Pilot Employment Verification Program • • 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 Immigration Best Hiring PracticesImmigration Best Hiring Practices
  27. 27. • 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--HotlinkHR • Establish a Tip Line for employees to report activity relating to the employment of unauthorized aliens, and a protocol for responding to employee tips--HotlinkHR • Establish and maintain safeguards against use of the verification process for unlawful discrimination-- HotlinkHR • 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. Immigration Best Hiring PracticesImmigration Best Hiring Practices
  28. 28. Questions and Answers
  29. 29. Contact Information The recorded webinar and presentation slides will be emailed to you today including your local representative’s contact information. 866-356-1735