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Speaker Firms and Organization:
Fragomen
Michelle Jacobson
Partner
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Presented By:
January 21, 2015
1
Partner Firms:
Phillips Lytle LLP
Rana Jazayerli
Partner
January 21, 2015
2
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Partner Firms:
January 21, 2015
6
Phillips Lytle LLP is a premier regional law firm that is recognized
nationally for its legal excellence. With offices in New York State,
Washington, DC, and Canada, our attorneys serve a multinational
client base including FORTUNE 1000 companies, global and
regional financial institutions, not-for-profit organizations, middle
market companies, startups, entrepreneurs and individuals on
important matters affecting their businesses and personal
wealth. Phillips Lytle immigration attorneys routinely train employers
on the proper procedures to ensure compliance with U.S.
immigration laws including I-9 employment authorization and record
keeping requirements, and enrollment in the use of the Federal e-
Verify program. In addition, our attorneys conduct internal audits on
behalf of employers to ensure full I-9 compliance.
As the world's leading single-focus provider of immigration counseling and
services, Fragomen has been dedicated exclusively to immigration law for
more than six decades. Its more than 40 offices and over 2,500 employees
are strategically located in key commercial centers throughout the Americas,
Europe, Asia-Pacific, the Middle East and Africa. This expansive reach
allows the firm to provide services in more than 180 countries, in conjunction
with their exclusive network of Local Advisor partners. Fragomen supports all
aspects of global immigration services, managing and providing U.S.
services through its 16 offices nationwide. Its compliance solutions include I-
9 services through its proprietary I-9 Service Center, which provides an
automated, online solution for completion of the employment eligibility
verification process. More information about Fragomen and the firm's service
offerings is available at www.fragomen.com.
Brief Speaker Bios:
Rana Jazayerli
Ms. Jazayerli provides counsel on all areas of U.S. immigration law, with a focus on employment-based visas, counseling employers
on a broad range of immigration matters, including the hiring of foreign nationals under temporary employment visa categories such as
H-1Bs and L-1As. She also advises employers on proper I-9 form compliance and the use of the federal E-Verify employment
authorization program.
In addition, Ms. Jazayerli has extensive expertise in the EB-5 Immigrant Investor visa program, providing assistance to individuals
seeking U.S. permanent residency through investment, and U.S. companies seeking EB-5 Regional Center designation to allow them
to finance job creating projects.
January 21, 2015
7
Michelle Jacobson
Ms. Jacobson is a Partner in Fragomen's Chicago office. Based on her extensive experience in corporate immigration, she is
responsible for managing client accounts for several startup, multinational and Fortune 500 companies. She counsels employers on
corporate mergers, acquisitions, divestitures and other forms of corporate reorganization and advises U.S. and global companies on
employment strategies, including strategic planning for global assignments and development of best practices to establish efficiencies
across multiple jurisdictions. Ms. Jacobson works closely with corporate clients to develop compliance programs for defending
workplace sanctions and to establish internal processes that ensure timely and compliant on-boarding of international personnel. She
manages I-9 audits and advises clients with regard to hiring and discrimination issues. Ms. Jacobson received her Juris Doctor from
Boston University in 2001 and a Bachelor of Arts from Northwestern University.
► For more information about the speakers, you can visit: http://theknowledgegroup.org/event_name/i-9-violations-too-hot-to-handle-live-webcast/
In a two hour live webcast, a panel of thought leaders and practitioners assembled by The
Knowledge Group will discuss the significant and latest issues regarding the management of
I-9 (Employment Eligibility Verification) violations.
Key topics include:
• Fundamentals of Form I-9 (Employment Eligibility Verification)
• Emerging Issues Relating to I-9 violations
• Verifying Employment Eligibility and Ensuring Employer Compliance
• Increase in Penalties Along with Increase in I-9 Inspection Audits
• Latest Regulatory Updates
January 21, 2015
8
Featured Speakers:
January 21, 2015
9
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Introduction
Ms. Jazayerli provides counsel on all areas of U.S. immigration law, with a focus on employment-based visas, counseling
employers on a broad range of immigration matters, including the hiring of foreign nationals under temporary employment
visa categories such as H-1Bs and L-1As. She also advises employers on proper I-9 form compliance and the use of the
federal E-Verify employment authorization program.
In addition, Ms. Jazayerli has extensive expertise in the EB-5 Immigrant Investor visa program, providing assistance to
individuals seeking U.S. permanent residency through investment, and U.S. companies seeking EB-5 Regional Center
designation to allow them to finance job creating projects.
She is a member of the American Immigration Lawyers Association and the Association to Invest In the USA (IIUSA). Ms.
Jazayerli graduated with a Bachelor of Science in Foreign Service degree from Georgetown University’s Edmund A. Walsh
School of Foreign Service in 1992; received her J.D. from Columbia University School of Law in 1996; and completed her
M.A. at American University’s School of Communication in 2002.
January 21, 2015
10
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Introduction
Ms. Jacobson is a Partner in Fragomen's Chicago office. Based on her extensive experience in corporate immigration, she
is responsible for managing client accounts for several startup, multinational and Fortune 500 companies. She counsels
employers on corporate mergers, acquisitions, divestitures and other forms of corporate reorganization and advises U.S.
and global companies on employment strategies, including strategic planning for global assignments and development of
best practices to establish efficiencies across multiple jurisdictions. Ms. Jacobson works closely with corporate clients to
develop compliance programs for defending workplace sanctions and to establish internal processes that ensure timely and
compliant on-boarding of international personnel. She manages I-9 audits and advises clients with regard to hiring and
discrimination issues. Ms. Jacobson received her Juris Doctor from Boston University in 2001 and a Bachelor of Arts from
Northwestern University.
January 21, 2015
11
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Form I-9: What Is It, and Who Needs It?
 U.S. immigration laws require every employer who hires or currently employs a worker to complete
and maintain an Employment Eligibility Verification Form – the I-9.
 Every person working as an employee in the U.S. must complete one if they were hired for wages or
other compensation, on or after November 6, 1986.
 To comply with the law, an employer must verify the identity of each person. The employer must also
verify the employment eligibility of each person.
January 21, 2015
12
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
January 21, 2015
13
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
January 21, 2015
14
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
January 21, 2015
15
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Common Errors
 Section 1: The Employee did not – sign or date the form; complete Sec. 1 on date of hire; check one
of the status boxes; check the correct box; list an expiration date.
 Section 2: The Employer did not – sign and date Sec. 2; fill in the date of hire; complete form within
three days; complete the form but copied documents; person signing form did not personally review
the documents; did accept documents that did not reasonably relate to the employee (e.g., different
names, dates of birth); did accept too many documents (items on List A, B and C); did keep copies of
documents for some employees but not all.
 Section 3: The Employer did not reverify Form I-9 when required.
January 21, 2015
16
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Choosing Electronic I-9 Software
• Ability to complete and retain I-9 forms electronically fairly recent development. Final rule became
effective August 23, 2010.
• 3 advantages identified by DHS:
– Electronic I-9s allow employers to ensure the form is properly completed and retained
– Electronic completion and storage will minimize risk of loss and minimize errors
– Electronic I-9s provide for ease of inspection, quality assurance and searchable format
January 21, 2015
17
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Potential challenges in using electronic software
• Electronic system must meet minimum record keeping and security requirements as set out by
regulations
• Review of audit trails to provide sufficient details behind electronic I-9 record
• Provide evidence to document the creation, modification and authenticity of the forms within the
system
• Confirm security to protect data and review indemnification provisions in the event of flaws or lack of
compliance
January 21, 2015
18
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Potential challenges in using electronic software (cont’d)
• Review electronic signature protocols
• Review quality control features such as pre-population of data from other interfaces and mechanisms
to avoid errors
• Review how the system interacts with E-Verify
• Review interaction of system with other human resources systems, payroll or immigration case
management systems
January 21, 2015
19
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
ICE Enforcement Focus on Noncompliant Electronic Systems
• Abercrombie & Fitch, the clothing company, paid a $1.047 million fine to settle a 2008 audit case in
which it was charged with technology-related deficiencies in its employment-verification system.
• ICE field guidance released in 2012 on audit trail requirements and expectations for electronically
generated and stored I-9s
• ICE auditors requesting copy of the indexing system and requesting review of system as part of audit.
January 21, 2015
20
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Focus on Enforcement
In 2013, the number of Immigration and Customs Enforcement (ICE )Audits reached an all-time
high:
 ICE served 3,127 Notices of Inspection and 637 Final Orders, totaling $15,808,365.00 in
administrative fines.
 ICE made 452 criminal arrests tied to worksite enforcement investigations.
 Of the individuals criminally arrested, 179 were owners, managers, supervisors or human resources
employees. They face charges such as harboring or knowingly hiring illegal aliens. The remaining
workers who were criminally arrested face charges such as aggravated identity theft and Social
Security fraud.
 ICE debarred 277 business and individuals for administrative and criminal violations.
(http://www.ice.gov/news/library/factsheets/worksite.htm)
January 21, 2015
21
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
ICE Enforcement: How Does It Happen?
 Typically, ICE will issue a Notice of Inspection (NOI) (via mail or served in person).
 The employer has 72 hours to produce original I-9s for review.
 Corrections to I-9 Forms made after you receive an NOI are not viewed as favorably by ICE as
corrections made at the employer’s initiative.
 Most audits are not random – usually triggered by:
– Complaints from disgruntled employees
– Employer’s industry– ICE prioritizes “critical infrastructure and key resources”
January 21, 2015
22
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
I-9 Audit Flow Chart
January 21, 2015
23
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Enforcement: Now What?
 An ICE audit can result in criminal penalties, forfeitures and civil fines, even for the most fastidious of
companies.
– A “paperwork” violation for not properly maintaining I-9 records can run from $110 to $1,100 for
each mistake.
– A penalty for a substantive violation for knowingly hiring an unauthorized person can range from
$375 to $16,000 per violation, and subject the employer to criminal prosecution.
 ICE continues to seek large penalties even from small employers where there are numerous I-9
violations.
January 21, 2015
24
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Case Studies of Non-Substantive Violations
 Abercrombie & Fitch paid $1,047,110 to settle an ICE investigation that found technical violations
only.
 M&D Masonry - $228,300 in fines for 338 violations related to failure to ensure proper completion of
and failure to produce the I-9 forms.
 Durable, Inc., a manufacturer of aluminum products in Wheeling, Illinois, was cited by ICE for 300
Form I-9 violations. ICE set the proposed fine for the 300 violations at $329,895, finding that Durable
failed to ensure Section 1 of the I-9 form was properly completed for 178 employees, and failed to
properly complete Section 2 of the I-9 form for 122 employees.
 Speedy Gonzalez Construction, Inc. - ICE’s complaint alleged the company failed to prepare and/or
present I-9 forms for 101 employees and failed to ensure the proper completion of Section 1 and/or
failed to complete Section 2 or 3 of the I-9 forms, even though the company used E-verify.
January 21, 2015
25
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Who is the Office of Special Counsel?
• The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces
the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. §
1324b.
• This federal law prohibits: 1) citizenship status discrimination in hiring, firing, or recruitment or referral
for a fee, 2) national origin discrimination in hiring, firing, or recruitment or referral for a fee, 3)
document abuse (unfair documentary practices during the employment eligibility verification, Form I-9,
process, and 4) retaliation or intimidation.
January 21, 2015
26
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Discrimination Violations
• Document Abuse
– occurs when certain employees or applicants are subject to more stringent verification measures
than necessary to verify that they are eligible to work in the United States
• Citizenship Status Discrimination
– can occur when individuals are not hired or are fired because of their real or perceived
immigration or citizenship status, or because of their type of work authorization
• National Origin Discrimination
– occurs when employer treats an employee or applicant differently during the hiring and firing
process because of his or her place of birth, country of origin, ancestry, native language, accent
or because the individual is perceived as looking or sounding foreign
• Retaliation
– ex.: employee terminated for filing complaint
January 21, 2015
27
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Recent examples of OSC settlements
• Continental Airlines – alleged to have request lawful permanent resident employees complete
additional I-9 forms and provide additional proof of employment eligibility after hire. $215,000 in civil
penalties assessed and $55,000 back pay
• Potter Concrete – investigation revealed that employer selectively utilized E-Verify to confirm
employment eligibility of individuals they knew or believed to be non-US citizens or foreign born.
$115,000 in civil penalties assessed
January 21, 2015
28
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Recent examples of OSC settlements (cont’d)
• Travel Management Company– investigation revealed that the employer had placed a citizenship
requirement in job postings despite not having government contract or executive order restricting the
company. $22,000 in civil penalties
• Mexico Foods LLC (a/k/a El Rancho Corp)– investigation revealed that employer required LPR
employees to present certain work authorization documents and were reverified. $43,000 in civil
penalties assessed
• Many recent investigations directly stem from USCIS monitoring and compliance branch
January 21, 2015
29
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Recent OSC guidance
• OSC routinely publishes technical assistance letters to guide employers in avoiding potential
discriminatory practices in the hiring, firing, or recruitment process as well as documentary practices
related to I-9 and E-Verify.
• Recent TALs focus on pre-hiring decisions related to individuals requesting visa sponsorship
• Guidance on requesting certain documents during initial I-9 verification and subsequent internal
auditing
• Guidance on pre-population of fields in an electronic I-9 system
January 21, 2015
30
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Best Practices
 First, conduct a preemptive audit to get your I-9 house in order.
 The benefits? You can analyze your results, initiate targeted training, and standardize your I-9
practices and procedures.
 Plus, if you find errors and are audited later, you’ll have the benefit of a good-faith defense.
January 21, 2015
31
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Best Practices: What to Look for
 Make sure you have a form for all employees hired after Nov. 6, 1986.
– Includes payroll employees and contractors if directly paid/supervised by employer
– Even this can be tricky – equity partners in a law firm need I-9s
 When employees leave, make sure you are retaining their I-9 for the required period, then destroy
them.
January 21, 2015
32
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Form I-9 Retention
 To calculate how long to keep an employee’s Form I-9 following the end of employment, enter the
following:
1. Date the employee began work for pay: ________________
a. Add three (3) years to the date on line 1. ________________
2. Date employment was terminated: ________________
a. Add one (1) year to the date on line 2. ________________
3. Which date is later, 1a. or 2a.? ________________
 Retain until the date entered at line 3.
January 21, 2015
33
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Form I-9 Retention: Example 1
 To calculate how long to keep an employee’s Form I-9 following the end of employment, enter the
following:
1. Date the employee began work for pay: 01/01/2012
a. Add three (3) years to the date on line 1. 01/01/2015
2. Date employment was terminated: 01/01/2013
a. Add one (1) year to the date on line 2. 01/01/2014
3. Which date is later, 1a. or 2a.? 01/01/2015
 Retain until the date entered at line 3.
January 21, 2015
34
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Form I-9 Retention: Example 2
 To calculate how long to keep an employee’s Form I-9 following the end of employment, enter the
following:
1. Date the employee began work for pay: 01/01/2012
a. Add three (3) years to the date on line 1. 01/01/2015
2. Date employment was terminated: 06/15/2014
a. Add one (1) year to the date on line 2. 06/15/2015
3. Which date is later, 1a. or 2a.? 06/15/2015
 Retain until the date entered at line 3.
January 21, 2015
35
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Best Practices (Cont’d)
 Have at least one person who is well-trained on I-9 issues, including OSC “over-enforcement” issues
(plus a back-up for when they take vacation), and who can supervise others who may be involved in
the process.
 Develop a corporate plan of action in the event of an audit:
– Who is the company point of contact to notify the legal team?
– What are the steps for the legal team?
January 21, 2015
36
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
Best Practices (Cont’d)
 Keep I-9 records separate and apart from personnel files – you’ll avoid a fishing expedition if ICE
comes knocking.
 NEVER ask an employee for a specific document – always allow them to choose from the lists.
 BE CONSISTENT. E.g., If you make copies of supporting documents, do it in every case.
 Have a reminder system in place for reverification based on document expiration dates.
January 21, 2015
37
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
What is E-Verify?
• For now remains a voluntary program, except for:
– Federal contractors that have the FAR E-Verify clause in contract
– About 22 states require E-Verify for some or all employers
– Employers seeking to employ F-1 OPT students needing STEM extensions may need to enroll
• Pros:
– Reduces rate of subsequent SSN no match notifications
– Provides safe harbor for good faith reliance on confirmation result
January 21, 2015
38
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
What is E-Verify? (cont’d)
• Cons
– Additional administrative costs involved to implement
– Error in government databases – receiving false positives
– Cannot overcome ID fraud
– Does not provide immunity from government enforcement actions
• Almost immediate results upon submission of verification
• Relies upon SSA and DHS databases
January 21, 2015
39
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
January 21, 2015
40
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Special Document Rules for E-Verify
• If list B document presented it must have a photo
• If U.S. passport/passport card, permanent resident card (“green card”) or EAD presented, employer
must maintain a copy (photo tool requirement)
• If the photo displayed on the E-Verify screen does not match the photo on the employee’s document,
the employee will receive a “DHS Tentative Nonconfirmation” (TNC) and must be given the
opportunity to correct the problem. If the employee chooses to contest the TNC, the employer must
either attach and submit electronically a copy of the employee’s photo document or mail a copy of the
employee’s document to DHS via express mail at the employer’s expense.
January 21, 2015
41
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
Handling E-Verify TNCs
• A tentative nonconfirmation does not mean the individual is not work authorized
• Employers should provide referral letters to employees who receive the TNC and follow process
• Employers should allow employees to continue working while contesting TNC
• If final nonconfirmation received, employee should be terminated
January 21, 2015
42
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
E-Verify Best Practices
• Use E-Verify in conjunction with your I-9 verification practices
• Use E-Verify in a non-discriminatory manner
• Allow employees who have not yet secured social security numbers to continue working until the E-
Verify query can be submitted
• Establish policies for submitting queries, protecting employee sensitive data, and handling questions
or concerns regarding system
January 21, 2015
43
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
E-Verify Best Practices (cont’d)
• Don’t use E-Verify as a method to prescreen candidates’ work eligibility
• Don’t use program to verify any employee hired on or before November 6, 1986
• Don’t use program to verify current employees, unless permitted as a federal contractor
• Don’t ask an employee to provide additional documentation of his or her employment eligibility after
obtaining a tentative nonconfirmation for that employee
• Do not request specific documents in order to activate E-Verify’s photo tool feature
January 21, 2015
44
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
How We Can Help
 Before enrolling in E-Verify
• Review Memorandum of Understanding with the assistance of legal counsel
• Complete training and establish procedures for all those involved in I-9 verification
• Establish a compliance policy to deal with escalations and tentative non-confirmations
 Contact trusted legal counsel to review electronic software before engaging vendor
January 21, 2015
45
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
How We Can Help
 We can help with:
• Developing a comprehensive I-9 audit
• Training – Don’t engage in a self-audit without participating in a thorough training program
first.
• Establishing a written Compliance Policy – Reflect your company policy concerning the
steps you’ve taken to assure a compliant workforce and a culture of compliance at your
organization. It will be your road map and reflects that you take compliance seriously, and
supports a “good faith effort to comply.” ICE will request this document, amongst many
others, should they ever come knocking on your door.
 Consult with a trusted professional in the field when questions or challenges arise – don’t guess.
January 21, 2015
46
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
January 21, 2015
47
CLE PROCESSING
The Knowledge Group offers complete CLE processing solutions for your webcasts and land events. This comprehensive service
includes everything you need to offer CLE credit at your conference:
 Complete end-to-end CLE credit Solutions
 Setting up your marketing collateral properly.
 Completing and filing all of the applications to the state bar.
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Obtaining CLE credit varies from state to state and the rules can be complex. The Knowledge Group will help you navigate the
complexities via complete cost effective CLE solutions for your conferences.
Most CLE processing plans are just $499 plus filing fees and postage.
To learn more email us at info@knowledgecongress.org or CALL 646-202-9344
January 21, 2015
48
PRIVATE LABEL PROGRAM & INTERNAL TRAINING
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 Complete LIVE Event Management for Speaker and Attendees including:
o Technical Support
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Private Label Programs Start at just $999
January 21, 2015
49
RESEARCH & BUSINESS PROCESS OUTSOURCING
The Knowledge Group specializes in highly focused and intelligent market and topic research. Outsource your research projects and business processes to our
team of experts. Normally we can run programs for less than 50% of what it would cost you to do it in-house.
Here are some ideal uses for our services:
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o Website Design
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 Our Inside eSales reps specialize in developing leads for big-ticket enterprise level products and services.
o Electronic Database Building – Comprehensive service which includes development of sales leads, contacting clients, scoring leads, adding notes
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 eCustomer Service (Electronic Inside Sales – Email and Online)
o Real-Time Customer Service for Your clients
 Online Chat
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Please note these are just a few ways our experts can help with your Business Process Outsourcing needs. If you have a project not specifically listed
above please contact us to see if we can help.
► You may ask a question at anytime throughout the presentation today. Simply click on the question mark icon located on the floating tool bar on the bottom right side of your screen. Type
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► Questions will be answered in the order they are received.
Q&A:
January 21, 2015
50
SEGMENT 1:
Rana Jazayerli
Partner
Phillips Lytle LLP
SEGMENT 2:
Michelle Jacobson
Partner
Fragomen
January 21, 2015
51
Welcome to the Knowledge Group Unlimited Subscription Programs. We have Two Options Available for You:
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January 21, 2015
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Knowledge Group UNLIMITED PAID Subscription Programs Pricing:
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CLE/CPE processing fee for today’s conference. See the form attached to the post conference survey email for details.
Questions: Send an email to: info@knowledgecongress.org with “Unlimited” in the subject.
January 21, 2015
53
ABOUT THE KNOWLEDGE GROUP, LLC
The Knowledge Group, LLC is an organization that produces live webcasts which examine regulatory
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In no event shall The Knowledge Group be liable to any person or business entity for any special,
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I-9 Violations: Too Hot to Handle LIVE Webcast

  • 1. Speaker Firms and Organization: Fragomen Michelle Jacobson Partner Thank you for logging into today’s event. Please note we are in standby mode. All Microphones will be muted until the event starts. We will be back with speaker instructions @ 02:55am. Any Questions? Please email: Info@knowledgecongress.org Group Registration Policy Please note ALL participants must be registered or they will not be able to access the event. If you have more than one person from your company attending, you must fill out the group registration form. We reserve the right to disconnect any unauthorized users from this event and to deny violators admission to future events. To obtain a group registration please send a note to info@knowledgecongress.org or call 646.202.9344. Presented By: January 21, 2015 1 Partner Firms: Phillips Lytle LLP Rana Jazayerli Partner
  • 2. January 21, 2015 2  Follow us on Twitter, that’s @Know_Group to receive updates for this event as well as other news and pertinent info.  If you experience any technical difficulties during today’s WebEx session, please contact our Technical Support @ 866-779-3239.  You may ask a question at anytime throughout the presentation today via the chat window on the lower right hand side of your screen. Questions will be aggregated and addressed during the Q&A segment.  Please note, this call is being recorded for playback purposes.  If anyone was unable to log in to the online webcast and needs to download a copy of the PowerPoint presentation for today’s event, please send an email to: info@knowledgecongress.org. If you’re already logged in to the online webcast, we will post a link to download the files shortly.  If you are listening on a laptop, you may need to use headphones as some laptops speakers are not sufficiently amplified enough to hear the presentations. If you do not have headphones and cannot hear the webcast send an email to info@knowledgecongress.org and we will send you the dial in phone number.
  • 3. January 21, 2015 3  About an hour or so after the event, you'll be sent a survey via email asking you for your feedback on your experience with this event today - it's designed to take less than two minutes to complete, and it helps us to understand how to wisely invest your time in future events. Your feedback is greatly appreciated. If you are applying for continuing education credit, completions of the surveys are mandatory as per your state boards and bars. 6 secret words (3 for each credit hour) will be given throughout the presentation. We will ask you to fill these words into the survey as proof of your attendance. Please stay tuned for the secret word.  Speakers, I will be giving out the secret words at randomly selected times. I may have to break into your presentation briefly to read the secret word. Pardon the interruption.
  • 4. January 21, 2015 4 Welcome to the Knowledge Group Unlimited Subscription Programs. We have Two Options Available for You: FREE UNLIMITED: This program is free of charge with no further costs or obligations. It includes:  Unlimited access to over 15,000 pages of course material from all Knowledge Group Webcasts.  Subscribers to this program can download any slides, white papers, or supplemental material covered during all live webcasts.  50% discount for purchase of all Live webcasts and downloaded recordings. PAID UNLIMITED: Our most comprehensive and cost-effective plan, for a one-time fee:  Access to all LIVE Webcasts (Normally $199 to $349 for each event without a subscription). Including: Bring-a-Friend – Invite a client or associate outside your firm to attend for FREE. Sign up for as many webcasts as you wish.  Access to all of Recorded/Archived Events & Course Material includes 1,500+ hours of audio material (Normally $299 for each event without a subscription).  Free CLE/CPE/CE Processing (Normally $49 Per Course without a subscription).  Access to over 15,000 pages of course material from Knowledge Group Webcasts.  Ability to invite a guest of your choice to attend any live webcast Free of charge (Exclusive benefit only available for PAID UNLIMITED subscribers).  6 Month Subscription is $299 with No Additional Fees Other options are available.  Special Offer: Sign up today and add 2 of your colleagues to your plan for free Check the “Triple Play” box on the sign-up sheet contained in the link below. https://gkc.memberclicks.net/index.php?option=com_mc&view=mc&mcid=form_157964
  • 5. January 21, 2015 5 Knowledge Group UNLIMITED PAID Subscription Programs Pricing: Individual Subscription Fees: (2 Options) Semi-Annual: $299 one-time fee for a 6 month subscription with unlimited access to all webcasts, recordings, and materials. Annual: $499 one-time fee for a 12 month unlimited subscription with unlimited access to all webcasts, recordings, and materials. Group plans are available. See the registration form for details. Best ways to sign up: 1. Fill out the sign up form attached to the post conference survey email. 2. Sign up online by clicking the link contained in the post conference survey email. 3. Click the link below or the one we just posted in the chat window to the right. https://gkc.memberclicks.net/index.php?option=com_mc&view=mc&mcid=form_157964 Discounts: Enroll today and you will be eligible for the “Triple Play” program and 3% off if you pay by credit card. Also we will waive the $49 CLE/CPE processing fee for today’s conference. See the form attached to the post conference survey email for details. Questions: Send an email to: info@knowledgecongress.org with “Unlimited” in the subject.
  • 6. Partner Firms: January 21, 2015 6 Phillips Lytle LLP is a premier regional law firm that is recognized nationally for its legal excellence. With offices in New York State, Washington, DC, and Canada, our attorneys serve a multinational client base including FORTUNE 1000 companies, global and regional financial institutions, not-for-profit organizations, middle market companies, startups, entrepreneurs and individuals on important matters affecting their businesses and personal wealth. Phillips Lytle immigration attorneys routinely train employers on the proper procedures to ensure compliance with U.S. immigration laws including I-9 employment authorization and record keeping requirements, and enrollment in the use of the Federal e- Verify program. In addition, our attorneys conduct internal audits on behalf of employers to ensure full I-9 compliance. As the world's leading single-focus provider of immigration counseling and services, Fragomen has been dedicated exclusively to immigration law for more than six decades. Its more than 40 offices and over 2,500 employees are strategically located in key commercial centers throughout the Americas, Europe, Asia-Pacific, the Middle East and Africa. This expansive reach allows the firm to provide services in more than 180 countries, in conjunction with their exclusive network of Local Advisor partners. Fragomen supports all aspects of global immigration services, managing and providing U.S. services through its 16 offices nationwide. Its compliance solutions include I- 9 services through its proprietary I-9 Service Center, which provides an automated, online solution for completion of the employment eligibility verification process. More information about Fragomen and the firm's service offerings is available at www.fragomen.com.
  • 7. Brief Speaker Bios: Rana Jazayerli Ms. Jazayerli provides counsel on all areas of U.S. immigration law, with a focus on employment-based visas, counseling employers on a broad range of immigration matters, including the hiring of foreign nationals under temporary employment visa categories such as H-1Bs and L-1As. She also advises employers on proper I-9 form compliance and the use of the federal E-Verify employment authorization program. In addition, Ms. Jazayerli has extensive expertise in the EB-5 Immigrant Investor visa program, providing assistance to individuals seeking U.S. permanent residency through investment, and U.S. companies seeking EB-5 Regional Center designation to allow them to finance job creating projects. January 21, 2015 7 Michelle Jacobson Ms. Jacobson is a Partner in Fragomen's Chicago office. Based on her extensive experience in corporate immigration, she is responsible for managing client accounts for several startup, multinational and Fortune 500 companies. She counsels employers on corporate mergers, acquisitions, divestitures and other forms of corporate reorganization and advises U.S. and global companies on employment strategies, including strategic planning for global assignments and development of best practices to establish efficiencies across multiple jurisdictions. Ms. Jacobson works closely with corporate clients to develop compliance programs for defending workplace sanctions and to establish internal processes that ensure timely and compliant on-boarding of international personnel. She manages I-9 audits and advises clients with regard to hiring and discrimination issues. Ms. Jacobson received her Juris Doctor from Boston University in 2001 and a Bachelor of Arts from Northwestern University. ► For more information about the speakers, you can visit: http://theknowledgegroup.org/event_name/i-9-violations-too-hot-to-handle-live-webcast/
  • 8. In a two hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues regarding the management of I-9 (Employment Eligibility Verification) violations. Key topics include: • Fundamentals of Form I-9 (Employment Eligibility Verification) • Emerging Issues Relating to I-9 violations • Verifying Employment Eligibility and Ensuring Employer Compliance • Increase in Penalties Along with Increase in I-9 Inspection Audits • Latest Regulatory Updates January 21, 2015 8
  • 9. Featured Speakers: January 21, 2015 9 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 10. Introduction Ms. Jazayerli provides counsel on all areas of U.S. immigration law, with a focus on employment-based visas, counseling employers on a broad range of immigration matters, including the hiring of foreign nationals under temporary employment visa categories such as H-1Bs and L-1As. She also advises employers on proper I-9 form compliance and the use of the federal E-Verify employment authorization program. In addition, Ms. Jazayerli has extensive expertise in the EB-5 Immigrant Investor visa program, providing assistance to individuals seeking U.S. permanent residency through investment, and U.S. companies seeking EB-5 Regional Center designation to allow them to finance job creating projects. She is a member of the American Immigration Lawyers Association and the Association to Invest In the USA (IIUSA). Ms. Jazayerli graduated with a Bachelor of Science in Foreign Service degree from Georgetown University’s Edmund A. Walsh School of Foreign Service in 1992; received her J.D. from Columbia University School of Law in 1996; and completed her M.A. at American University’s School of Communication in 2002. January 21, 2015 10 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 11. Introduction Ms. Jacobson is a Partner in Fragomen's Chicago office. Based on her extensive experience in corporate immigration, she is responsible for managing client accounts for several startup, multinational and Fortune 500 companies. She counsels employers on corporate mergers, acquisitions, divestitures and other forms of corporate reorganization and advises U.S. and global companies on employment strategies, including strategic planning for global assignments and development of best practices to establish efficiencies across multiple jurisdictions. Ms. Jacobson works closely with corporate clients to develop compliance programs for defending workplace sanctions and to establish internal processes that ensure timely and compliant on-boarding of international personnel. She manages I-9 audits and advises clients with regard to hiring and discrimination issues. Ms. Jacobson received her Juris Doctor from Boston University in 2001 and a Bachelor of Arts from Northwestern University. January 21, 2015 11 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 12. Form I-9: What Is It, and Who Needs It?  U.S. immigration laws require every employer who hires or currently employs a worker to complete and maintain an Employment Eligibility Verification Form – the I-9.  Every person working as an employee in the U.S. must complete one if they were hired for wages or other compensation, on or after November 6, 1986.  To comply with the law, an employer must verify the identity of each person. The employer must also verify the employment eligibility of each person. January 21, 2015 12 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 13. January 21, 2015 13 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 14. January 21, 2015 14 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 15. January 21, 2015 15 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 16. Common Errors  Section 1: The Employee did not – sign or date the form; complete Sec. 1 on date of hire; check one of the status boxes; check the correct box; list an expiration date.  Section 2: The Employer did not – sign and date Sec. 2; fill in the date of hire; complete form within three days; complete the form but copied documents; person signing form did not personally review the documents; did accept documents that did not reasonably relate to the employee (e.g., different names, dates of birth); did accept too many documents (items on List A, B and C); did keep copies of documents for some employees but not all.  Section 3: The Employer did not reverify Form I-9 when required. January 21, 2015 16 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 17. Choosing Electronic I-9 Software • Ability to complete and retain I-9 forms electronically fairly recent development. Final rule became effective August 23, 2010. • 3 advantages identified by DHS: – Electronic I-9s allow employers to ensure the form is properly completed and retained – Electronic completion and storage will minimize risk of loss and minimize errors – Electronic I-9s provide for ease of inspection, quality assurance and searchable format January 21, 2015 17 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 18. Potential challenges in using electronic software • Electronic system must meet minimum record keeping and security requirements as set out by regulations • Review of audit trails to provide sufficient details behind electronic I-9 record • Provide evidence to document the creation, modification and authenticity of the forms within the system • Confirm security to protect data and review indemnification provisions in the event of flaws or lack of compliance January 21, 2015 18 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 19. Potential challenges in using electronic software (cont’d) • Review electronic signature protocols • Review quality control features such as pre-population of data from other interfaces and mechanisms to avoid errors • Review how the system interacts with E-Verify • Review interaction of system with other human resources systems, payroll or immigration case management systems January 21, 2015 19 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 20. ICE Enforcement Focus on Noncompliant Electronic Systems • Abercrombie & Fitch, the clothing company, paid a $1.047 million fine to settle a 2008 audit case in which it was charged with technology-related deficiencies in its employment-verification system. • ICE field guidance released in 2012 on audit trail requirements and expectations for electronically generated and stored I-9s • ICE auditors requesting copy of the indexing system and requesting review of system as part of audit. January 21, 2015 20 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 21. Focus on Enforcement In 2013, the number of Immigration and Customs Enforcement (ICE )Audits reached an all-time high:  ICE served 3,127 Notices of Inspection and 637 Final Orders, totaling $15,808,365.00 in administrative fines.  ICE made 452 criminal arrests tied to worksite enforcement investigations.  Of the individuals criminally arrested, 179 were owners, managers, supervisors or human resources employees. They face charges such as harboring or knowingly hiring illegal aliens. The remaining workers who were criminally arrested face charges such as aggravated identity theft and Social Security fraud.  ICE debarred 277 business and individuals for administrative and criminal violations. (http://www.ice.gov/news/library/factsheets/worksite.htm) January 21, 2015 21 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 22. ICE Enforcement: How Does It Happen?  Typically, ICE will issue a Notice of Inspection (NOI) (via mail or served in person).  The employer has 72 hours to produce original I-9s for review.  Corrections to I-9 Forms made after you receive an NOI are not viewed as favorably by ICE as corrections made at the employer’s initiative.  Most audits are not random – usually triggered by: – Complaints from disgruntled employees – Employer’s industry– ICE prioritizes “critical infrastructure and key resources” January 21, 2015 22 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 23. I-9 Audit Flow Chart January 21, 2015 23 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 24. Enforcement: Now What?  An ICE audit can result in criminal penalties, forfeitures and civil fines, even for the most fastidious of companies. – A “paperwork” violation for not properly maintaining I-9 records can run from $110 to $1,100 for each mistake. – A penalty for a substantive violation for knowingly hiring an unauthorized person can range from $375 to $16,000 per violation, and subject the employer to criminal prosecution.  ICE continues to seek large penalties even from small employers where there are numerous I-9 violations. January 21, 2015 24 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 25. Case Studies of Non-Substantive Violations  Abercrombie & Fitch paid $1,047,110 to settle an ICE investigation that found technical violations only.  M&D Masonry - $228,300 in fines for 338 violations related to failure to ensure proper completion of and failure to produce the I-9 forms.  Durable, Inc., a manufacturer of aluminum products in Wheeling, Illinois, was cited by ICE for 300 Form I-9 violations. ICE set the proposed fine for the 300 violations at $329,895, finding that Durable failed to ensure Section 1 of the I-9 form was properly completed for 178 employees, and failed to properly complete Section 2 of the I-9 form for 122 employees.  Speedy Gonzalez Construction, Inc. - ICE’s complaint alleged the company failed to prepare and/or present I-9 forms for 101 employees and failed to ensure the proper completion of Section 1 and/or failed to complete Section 2 or 3 of the I-9 forms, even though the company used E-verify. January 21, 2015 25 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 26. Who is the Office of Special Counsel? • The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b. • This federal law prohibits: 1) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee, 2) national origin discrimination in hiring, firing, or recruitment or referral for a fee, 3) document abuse (unfair documentary practices during the employment eligibility verification, Form I-9, process, and 4) retaliation or intimidation. January 21, 2015 26 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 27. Discrimination Violations • Document Abuse – occurs when certain employees or applicants are subject to more stringent verification measures than necessary to verify that they are eligible to work in the United States • Citizenship Status Discrimination – can occur when individuals are not hired or are fired because of their real or perceived immigration or citizenship status, or because of their type of work authorization • National Origin Discrimination – occurs when employer treats an employee or applicant differently during the hiring and firing process because of his or her place of birth, country of origin, ancestry, native language, accent or because the individual is perceived as looking or sounding foreign • Retaliation – ex.: employee terminated for filing complaint January 21, 2015 27 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 28. Recent examples of OSC settlements • Continental Airlines – alleged to have request lawful permanent resident employees complete additional I-9 forms and provide additional proof of employment eligibility after hire. $215,000 in civil penalties assessed and $55,000 back pay • Potter Concrete – investigation revealed that employer selectively utilized E-Verify to confirm employment eligibility of individuals they knew or believed to be non-US citizens or foreign born. $115,000 in civil penalties assessed January 21, 2015 28 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 29. Recent examples of OSC settlements (cont’d) • Travel Management Company– investigation revealed that the employer had placed a citizenship requirement in job postings despite not having government contract or executive order restricting the company. $22,000 in civil penalties • Mexico Foods LLC (a/k/a El Rancho Corp)– investigation revealed that employer required LPR employees to present certain work authorization documents and were reverified. $43,000 in civil penalties assessed • Many recent investigations directly stem from USCIS monitoring and compliance branch January 21, 2015 29 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 30. Recent OSC guidance • OSC routinely publishes technical assistance letters to guide employers in avoiding potential discriminatory practices in the hiring, firing, or recruitment process as well as documentary practices related to I-9 and E-Verify. • Recent TALs focus on pre-hiring decisions related to individuals requesting visa sponsorship • Guidance on requesting certain documents during initial I-9 verification and subsequent internal auditing • Guidance on pre-population of fields in an electronic I-9 system January 21, 2015 30 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 31. Best Practices  First, conduct a preemptive audit to get your I-9 house in order.  The benefits? You can analyze your results, initiate targeted training, and standardize your I-9 practices and procedures.  Plus, if you find errors and are audited later, you’ll have the benefit of a good-faith defense. January 21, 2015 31 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 32. Best Practices: What to Look for  Make sure you have a form for all employees hired after Nov. 6, 1986. – Includes payroll employees and contractors if directly paid/supervised by employer – Even this can be tricky – equity partners in a law firm need I-9s  When employees leave, make sure you are retaining their I-9 for the required period, then destroy them. January 21, 2015 32 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 33. Form I-9 Retention  To calculate how long to keep an employee’s Form I-9 following the end of employment, enter the following: 1. Date the employee began work for pay: ________________ a. Add three (3) years to the date on line 1. ________________ 2. Date employment was terminated: ________________ a. Add one (1) year to the date on line 2. ________________ 3. Which date is later, 1a. or 2a.? ________________  Retain until the date entered at line 3. January 21, 2015 33 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 34. Form I-9 Retention: Example 1  To calculate how long to keep an employee’s Form I-9 following the end of employment, enter the following: 1. Date the employee began work for pay: 01/01/2012 a. Add three (3) years to the date on line 1. 01/01/2015 2. Date employment was terminated: 01/01/2013 a. Add one (1) year to the date on line 2. 01/01/2014 3. Which date is later, 1a. or 2a.? 01/01/2015  Retain until the date entered at line 3. January 21, 2015 34 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 35. Form I-9 Retention: Example 2  To calculate how long to keep an employee’s Form I-9 following the end of employment, enter the following: 1. Date the employee began work for pay: 01/01/2012 a. Add three (3) years to the date on line 1. 01/01/2015 2. Date employment was terminated: 06/15/2014 a. Add one (1) year to the date on line 2. 06/15/2015 3. Which date is later, 1a. or 2a.? 06/15/2015  Retain until the date entered at line 3. January 21, 2015 35 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 36. Best Practices (Cont’d)  Have at least one person who is well-trained on I-9 issues, including OSC “over-enforcement” issues (plus a back-up for when they take vacation), and who can supervise others who may be involved in the process.  Develop a corporate plan of action in the event of an audit: – Who is the company point of contact to notify the legal team? – What are the steps for the legal team? January 21, 2015 36 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 37. Best Practices (Cont’d)  Keep I-9 records separate and apart from personnel files – you’ll avoid a fishing expedition if ICE comes knocking.  NEVER ask an employee for a specific document – always allow them to choose from the lists.  BE CONSISTENT. E.g., If you make copies of supporting documents, do it in every case.  Have a reminder system in place for reverification based on document expiration dates. January 21, 2015 37 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 38. What is E-Verify? • For now remains a voluntary program, except for: – Federal contractors that have the FAR E-Verify clause in contract – About 22 states require E-Verify for some or all employers – Employers seeking to employ F-1 OPT students needing STEM extensions may need to enroll • Pros: – Reduces rate of subsequent SSN no match notifications – Provides safe harbor for good faith reliance on confirmation result January 21, 2015 38 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 39. What is E-Verify? (cont’d) • Cons – Additional administrative costs involved to implement – Error in government databases – receiving false positives – Cannot overcome ID fraud – Does not provide immunity from government enforcement actions • Almost immediate results upon submission of verification • Relies upon SSA and DHS databases January 21, 2015 39 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 40. January 21, 2015 40 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 41. Special Document Rules for E-Verify • If list B document presented it must have a photo • If U.S. passport/passport card, permanent resident card (“green card”) or EAD presented, employer must maintain a copy (photo tool requirement) • If the photo displayed on the E-Verify screen does not match the photo on the employee’s document, the employee will receive a “DHS Tentative Nonconfirmation” (TNC) and must be given the opportunity to correct the problem. If the employee chooses to contest the TNC, the employer must either attach and submit electronically a copy of the employee’s photo document or mail a copy of the employee’s document to DHS via express mail at the employer’s expense. January 21, 2015 41 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 42. Handling E-Verify TNCs • A tentative nonconfirmation does not mean the individual is not work authorized • Employers should provide referral letters to employees who receive the TNC and follow process • Employers should allow employees to continue working while contesting TNC • If final nonconfirmation received, employee should be terminated January 21, 2015 42 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 43. E-Verify Best Practices • Use E-Verify in conjunction with your I-9 verification practices • Use E-Verify in a non-discriminatory manner • Allow employees who have not yet secured social security numbers to continue working until the E- Verify query can be submitted • Establish policies for submitting queries, protecting employee sensitive data, and handling questions or concerns regarding system January 21, 2015 43 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 44. E-Verify Best Practices (cont’d) • Don’t use E-Verify as a method to prescreen candidates’ work eligibility • Don’t use program to verify any employee hired on or before November 6, 1986 • Don’t use program to verify current employees, unless permitted as a federal contractor • Don’t ask an employee to provide additional documentation of his or her employment eligibility after obtaining a tentative nonconfirmation for that employee • Do not request specific documents in order to activate E-Verify’s photo tool feature January 21, 2015 44 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 45. How We Can Help  Before enrolling in E-Verify • Review Memorandum of Understanding with the assistance of legal counsel • Complete training and establish procedures for all those involved in I-9 verification • Establish a compliance policy to deal with escalations and tentative non-confirmations  Contact trusted legal counsel to review electronic software before engaging vendor January 21, 2015 45 SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 46. How We Can Help  We can help with: • Developing a comprehensive I-9 audit • Training – Don’t engage in a self-audit without participating in a thorough training program first. • Establishing a written Compliance Policy – Reflect your company policy concerning the steps you’ve taken to assure a compliant workforce and a culture of compliance at your organization. It will be your road map and reflects that you take compliance seriously, and supports a “good faith effort to comply.” ICE will request this document, amongst many others, should they ever come knocking on your door.  Consult with a trusted professional in the field when questions or challenges arise – don’t guess. January 21, 2015 46 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP
  • 47. January 21, 2015 47 CLE PROCESSING The Knowledge Group offers complete CLE processing solutions for your webcasts and land events. This comprehensive service includes everything you need to offer CLE credit at your conference:  Complete end-to-end CLE credit Solutions  Setting up your marketing collateral properly.  Completing and filing all of the applications to the state bar.  Guidance on how to structure content meet course material requirements for the state Bars.  Sign up forms to be used to check & confirm attendance at your event.  Issuing official Certificates of Attendance for credit to attendees. Obtaining CLE credit varies from state to state and the rules can be complex. The Knowledge Group will help you navigate the complexities via complete cost effective CLE solutions for your conferences. Most CLE processing plans are just $499 plus filing fees and postage. To learn more email us at info@knowledgecongress.org or CALL 646-202-9344
  • 48. January 21, 2015 48 PRIVATE LABEL PROGRAM & INTERNAL TRAINING The Knowledge Group provides complete private label webcasts and in-house training solutions. Developing and executing webcasts can be a huge logistical nightmare. There are a lot of moving parts and devolving a program that is executed smoothly and cost effectively can prove to be a significant challenge for companies who do not produce events on a regular basis. Live events require a high level of proficiency in order to execute proficiently. Our producers will plan and develop your webcast for you and our webcast technicians will execute your live event with expert precision. We have produced over 1000 live webcasts. Put our vast expertise to work for you. Let us develop a professional webcast for your firm that will impress all your clients and internal stakeholders. Private Label Programs Include:  Complete Project Management  Topic Development  Recruitment of Speakers (Or you can use your own)  Marketing Material Design  PR Campaign  Marketing Campaign  Event Webpage Design  Slides: Design and Content Development  Speaker coordination: Arranging & Executing Calls, Coordinating Slides & Content  Attendee Registration  Complete LIVE Event Management for Speaker and Attendees including: o Technical Support o Event Moderator o Running the Live event (All Aspects) o Multiple Technical Back-ups & Redundancies to Ensure a Perfect Live Event o Webcast Recording (MP3 Audio & MP4 Video) o Post Webcast Performance Survey  CLE and CPE Processing Private Label Programs Start at just $999
  • 49. January 21, 2015 49 RESEARCH & BUSINESS PROCESS OUTSOURCING The Knowledge Group specializes in highly focused and intelligent market and topic research. Outsource your research projects and business processes to our team of experts. Normally we can run programs for less than 50% of what it would cost you to do it in-house. Here are some ideal uses for our services:  Market Research and Production o List Research (Prospects, Clients, Market Evaluation, Sales Lists, Surveys) o Design of Electronic Marketing Collateral o Executing Online Marketing Campaigns (Direct Email, PR Campaigns) o Website Design o Social Media  Analysis & Research o Research Companies & Produce Reports o Research for Cases o Specialized Research Projects  eSales (Electronic Inside Sales – Email and Online) o Sales Leads Development o eSales Campaigns  Inside Sales people will prospect for leased, contact them and coordinate with your sales team to follow up.  Our Inside eSales reps specialize in developing leads for big-ticket enterprise level products and services. o Electronic Database Building – Comprehensive service which includes development of sales leads, contacting clients, scoring leads, adding notes and transferring the entire data set to you for your internal sales reps.  eCustomer Service (Electronic Inside Sales – Email and Online) o Real-Time Customer Service for Your clients  Online Chat  Email o Follow-Up Customer Service  Responds to emails  Conducts Research  Replies Back to Your Customer Please note these are just a few ways our experts can help with your Business Process Outsourcing needs. If you have a project not specifically listed above please contact us to see if we can help.
  • 50. ► You may ask a question at anytime throughout the presentation today. Simply click on the question mark icon located on the floating tool bar on the bottom right side of your screen. Type your question in the box that appears and click send. ► Questions will be answered in the order they are received. Q&A: January 21, 2015 50 SEGMENT 1: Rana Jazayerli Partner Phillips Lytle LLP SEGMENT 2: Michelle Jacobson Partner Fragomen
  • 51. January 21, 2015 51 Welcome to the Knowledge Group Unlimited Subscription Programs. We have Two Options Available for You: FREE UNLIMITED: This program is free of charge with no further costs or obligations. It includes:  Unlimited access to over 15,000 pages of course material from all Knowledge Group Webcasts.  Subscribers to this program can download any slides, white papers, or supplemental material covered during all live webcasts.  50% discount for purchase of all Live webcasts and downloaded recordings. PAID UNLIMITED: Our most comprehensive and cost-effective plan, for a one-time fee:  Access to all LIVE Webcasts (Normally $199 to $349 for each event without a subscription). Including: Bring-a-Friend – Invite a client or associate outside your firm to attend for FREE. Sign up for as many webcasts as you wish.  Access to all of Recorded/Archived Events & Course Material includes 1,500+ hours of audio material (Normally $299 for each event without a subscription).  Free CLE/CPE/CE Processing3 (Normally $49 Per Course without a subscription).  Access to over 15,000 pages of course material from Knowledge Group Webcasts.  Ability to invite a guest of your choice to attend any live webcast Free of charge. (Exclusive benefit only available for PAID UNLIMITED subscribers.)  6 Month Subscription is $299 with No Additional Fees. Other options are available.  Special Offer: Sign up today and add 2 of your colleagues to your plan for free. Check the “Triple Play” box on the sign- up sheet contained in the link below. https://gkc.memberclicks.net/index.php?option=com_mc&view=mc&mcid=form_157964
  • 52. January 21, 2015 52 Knowledge Group UNLIMITED PAID Subscription Programs Pricing: Individual Subscription Fees: (2 Options) Semi-Annual: $299 one-time fee for a 6 month subscription with unlimited access to all webcasts, recordings, and materials. Annual: $499 one-time fee for a 12 month unlimited subscription with unlimited access to all webcasts, recordings, and materials. Group plans are available. See the registration form for details. Best ways to sign up: 1. Fill out the sign up form attached to the post conference survey email. 2. Sign up online by clicking the link contained in the post conference survey email. 3. Click the link below or the one we just posted in the chat window to the right. https://gkc.memberclicks.net/index.php?option=com_mc&view=mc&mcid=form_157964 Discounts: Enroll today and you will be eligible for the “Triple Play” program and 3% off if you pay by credit card. Also we will waive the $49 CLE/CPE processing fee for today’s conference. See the form attached to the post conference survey email for details. Questions: Send an email to: info@knowledgecongress.org with “Unlimited” in the subject.
  • 53. January 21, 2015 53 ABOUT THE KNOWLEDGE GROUP, LLC The Knowledge Group, LLC is an organization that produces live webcasts which examine regulatory changes and their impacts across a variety of industries. “We bring together the world's leading authorities and industry participants through informative two-hour webcasts to study the impact of changing regulations.” If you would like to be informed of other upcoming events, please click here. Disclaimer: The Knowledge Group, LLC is producing this event for information purposes only. We do not intend to provide or offer business advice. The contents of this event are based upon the opinions of our speakers. The Knowledge Group does not warrant their accuracy and completeness. The statements made by them are based on their independent opinions and does not necessarily reflect that of The Knowledge Group‘s views. In no event shall The Knowledge Group be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages as a result of any information gathered from this webcast. Certain images and/or photos on this page are the copyrighted property of 123RF Limited, their Contributors or Licensed Partners and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from 123RF Limited