Employment Eligibility Verification Compliance

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7th Annual Idaho Employment Law Seminar
O C TO B E R 1 0 , 2 0 1 9 | B O I S E C E N T RE E A S T | B O I S E , I D A H O
...

2
Demonstrating the Right to Work in the U.S.
• The Immigration Reform and Control Act of 1986 (IRCA) requires all
US empl...

parsonsbehle.com
Immigration Reform
and Control Act (IRCA)

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IRCA Basic Requirements
• IRCA bars employers from hiring or continuing to employ unauthorized
workers.
• IRCA contains ...

5
Complete the Form I-9
• Ensure each new employee completes and signs Section 1 of the
Form I-9 by their first day of wor...

6
Complete the Form I-9: Best Practices
• Use the most current version of the Form I-9
◦ www.USCIS.gov
• Ensure timely com...

7
Retain Documents
• The Form I-9 must be retained and made
available for inspection
• By employers, for the longer of:
◦ ...

8
Retain Documents: Best Practices
• Retain: Employers must retain I-9 forms (and any photocopies of
presented documents) ...

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Do Not Discriminate
• IRCA's anti-discrimination provisions prohibit employers from:
◦ Discriminating based on the citiz...

parsonsbehle.com
Penalties for IRCA Violations

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Penalties: Hiring or Employing Unauthorized
Workers
• Civil Penalties: An employer that knowingly hires or continues to...

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Penalties: Paperwork Violations
• An employer that fails to complete and maintain I-9s correctly is
subject to a civil ...

13
Penalties: Anti-Discrimination Violations
• An employer that violates anti-discrimination provisions may be
subject to ...

parsonsbehle.com
E-Verify

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E-Verify
• Free electronic employment eligibility system co-managed by the
Department of Homeland Security (DHS) and So...

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E-Verify: Enrollment
• To enroll in E-Verify, the employer signs a memorandum of
understanding (MOU) outlining the rela...

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E-Verify: Verification Process

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E-Verify: System Response
• Immediate online response indicating one of the following:
◦ The employee is authorized to ...

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E-Verify: Resolving a TNC
• If the employer receives a TNC response, it must:
◦ Promptly notify the employee
◦ Print an...

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E-Verify: Resolving a TNC (cont'd)
• The SSA and DHS have up to 10 federal workdays to resolve the
issue and update E-V...

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E-Verify: Closing the Case
• After receiving a final response from E-Verify, the employer must:
◦ Indicate what action ...

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E-Verify: Additional Effects on Employers
• Employers may not use E-Verify to pre-screen an applicant’s authorization
n...

parsonsbehle.com
Social Security No-Match

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Social Security No-Match Letter
• Formally known as an Employer Correction
Request (EDCOR), informs an employer that
th...

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No-Match: Instructions for Employers
• Register for and log on to the SSA’s Business Services Online (BSO)
◦ Mismatch m...

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No-Match: Compliance
• Once the proper response to a no-match Letter has been determined,
employers should give affecte...

parsonsbehle.com
Trends in Government Enforcement

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Enforcement: Shifts with Administration
• The US government has become increasingly active in enforcing
employer compli...

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Enforcement Uptick
• January 10, 2018: ICE announced its new worksite enforcement
strategy, including targeting employe...

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Prevent, Prepare, and Mitigate
• Employer training and internal audit procedures
• IRCA compliance training
• Form I-9 ...

Questions?

32
• Kelsie A. Kirkham
208.528.5234
kkirkham@parsonsbehle.com
Thank You

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