This document summarizes immigration compliance requirements for employers, including properly completing Form I-9 for new hires, avoiding document abuse, handling SSN mismatches, internal audits, retention periods, and risks of sanctions for violations. It discusses independent contractor issues, hiring and termination practices, and resources for minimizing liability risks related to citizenship status, national origin, and visa sponsorship compliance.

1. Immigration Compliance and Avoiding Liability Presented by: Helen Parsonage, Esq. Elliot Pishko Morgan PA Winston-Salem, NC 27101

2. A I-9 Compliance

3. SSN Mismatches

4. E-Verify

5. Immigration Reform and Control Act of 1986 (“IRCA”) 11/6/1986

6. Requires that all employers complete Employment Eligibility Form (I-9) for newly hired employees.

7. Designed to control the problem of illegal immigration

8. IRCA’s Provisions New Employee must provide documents reflecting: He/She is eligible to work

9. Identity must match work eligibility documents Sanctions for paperwork violations and document abuse. Sanctions for knowingly hiring or retaining unauthorized workers. Created the OSC to enforce anti-discrimination provision of the INA.

10. Changes After IRCA -1997/2007 1997 – Interim Rule Reducing the Number of Documents for I-9 Form: Certificate of U.S. Citizenship (item #2)

11. Certificate of Naturalization (item #3)

12. Reentry Permit (item #8)

13. Refugee Travel Document (item #9) 2007 – Rebranded and New I-9 Form reflecting the changes from 1997.

14. Document Abuse Documentation must only be requested after job offer is made.

15. Employer cannot request specific documentation, applicant must decide.

16. If new hire provides more documentation than required, new hire should select only the necessary documents – Employer Rep can assist.

17. Completing Form I-9

18. Section 1: Employee Information and Verification.

19. Section 1: Employee Information and Verification. Must be completed by the New Hire.

20. Employer should verify that all information is provided and correct.

21. Should be completed on the first date of employment.

22. Preparer/Translator field in Section 1.

23. Section 2: Employer Review and Verification.

24. Section 2: Employer Review and Verification. New Hire provides verification documents from List A, or list B and C.

25. Employer reviews documents and completes Section 2.

26. Must be completed w/in 3 business days.

27. Making copies of the documentation is optional.

28. Section 3: Updating and Reverification.

29. Section 3: Updating and Reverification. Used to reverify documents from List C and some from List A.

30. List B documents are never reverified.

31. Be sure to reverify employees on the new 2007 version of the Form I-9.

32. Internal Audits Missing or deficient I-9 Forms discovered during an audit.

33. Missing I-9’s - complete one immediately and attach an explanatory note for your records.

34. Deficient I-9’s - immediately correct and initial/date any changes.

35. Termination of employees who cannot provide valid documents to avoid “knowing hire” or “knowing retention” violations.

36. Retention Period Forms must be retained for: * One year following an employee’s termination. *Three years from the employee’s date of hire. WHICHEVER IS LATER!