If you missed I-9 Advantage's recent webinar, you'll want to ensure you view the presentation as a helpful resource to ensuring compliance during your Form I-9 and E-Verify process.

1. OVERCOMING FORM I-9 CHALLENGES IN STAFFING
NOVEMBER 01, 2017

2. 2
About Melissa
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100%
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Skills
HR Software
Form I-9 & E-Verify
Informing Audiences
Tai Chi
Melissa possesses 21 years of sales, consulting,
and account management experience in the
staffing, recruiting, and software industries.
Melissa's specialized areas of expertise and
vast knowledge include: applicant tracking,
onboarding, and I-9 compliance software.
Melissa Prentice stands at the forefront of a
leading human resources cloud service
provider, as the Executive Director of Sales &
Marketing at I-9 Advantage. Prior to I-9
Advantage, Melissa served as an Enterprise
Account Manager for Bullhorn, and and Vice
President of Sales at Avionte Software, and
diverse sales and implementation related roles
at Bond International Software. She interacts
with prospects & clients on Form I-9 and E-
Verify software solutions, advises and informs
audiences on Form I-9 trends and compliance.
MEET THE PRESENTER
Melissa Prentice
EXECUTIVE DIRECTOR
OF SALES & MARKETING
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

3. 3
About Rebecca
20%
100%
100%
100%
Skills
Form I-9 & E-Verify
Immigration Law
Webinars & Outreach
Skydiving
Rebecca Mancini represents clients in a wide
spectrum of complex corporate immigration
and related employment matters. She advises
clients across a variety of industries. She also
provides outbound visa services to clients that
need effective solutions for managing a global
workforce.
Rebecca helps clients develop and implement
strategies to address complex immigration
matters, including due diligence considerations
during corporate restructuring, layoffs and
workforce reductions, as well as compliance
with immigration laws, Department of Labor
regulations and U.S. Citizenship and
Immigration Service programs. Rebecca
frequently provides trainings on immigration
topics and internal audit preparation for Form
I-9 and E-Verify compliance.
MEET THE PRESENTER
Rebecca Mancini
Senior Attorney
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

4. 4
AGENDA
Audits & Fines
Best practices to avoid fines from a
failed Form I-9 audit.
Q & A
Answers to your questions.
Solutions
Solutions to help ensure and achieve
Form I-9 compliance.
Compliance Roadmap
Mapping out compliance for each
section of the Form I-9.
Remote Hiring
Remote hiring requirements &
challenges staffing organizations face.
Discrimination
Discrimination practices that can land
many organizations in hot water.
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

5. 5
COMPLIANCE ROADMAP
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
Start
Section1
Completed by Employee
Section 3
Completed by Employer
For Rehire/Reverification
Section 2
Completed by Employer
End
Employee completes Section 1 on or before 1st
day of hire.
Employer (or its agent/representative) examines
original documents and completes Section 2
within 3 business days, after the day of hire.
Employee attests to his or her employment
authorization, and presents the employer with
acceptable documents evidencing identity and
employment authorization
No exception for remote hires.
Staffing Company Exception: Acceptance of an offer
and entry into the assignment pool is considered
equivalent to an offer and acceptance of
employment, and a staffing agency may complete
the full Form I-9 and create a case in E-Verify.
Key Compliance Requirements

6. 6
The following requirements make it difficult to maintain compliance when using a paper-based
Form I-9 process to hire remote employees.
Average Form I-9 Error Rate
Of Form I-9s are found to contain errors,
ommisions, and mistakes that could lead
hefty to fines and penalties.68%
Section 2 must be completed within 3 business days of the date employment
begins.
The person who examines the documents must be the same person who signs
Section 2.
The employee must be physically present with the examiner during the
examination of the employee’s documents.
Forms I-9 must be retained for 3 years after the date you hire an employee or 1
year after the date employment terminates, whichever is later.
All Forms I-9 and supporting documents must be available for each employee
within 3 days of an official notice of inspection.
REMOTE HIRING REQUIREMENTS
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

7. 7
Authorized individuals completing Section 2, should be properly trained to comply with all Form I-9
requirements.
Employers may designate an Authorized Agent/Representative to complete Section 2 on
behalf of the company.
USCIS does not require Authorized Agents/Representatives to have specific qualifications
for completing Form I-9.
Notary Public acts as an Authorized Agent/Representative of the employer, not as a
notary, and performs actions as an authorized representative. A notary seal should not
be included on the Form I-9.
The agent must carry out full Form I-9 responsibilities. Accordingly, the agent must not
only physically examine the identity documents with the employee present, but must
also sign Section 2.
The Employer is still liable for any violation in connection with the Form I-9 process, even
when the form is completed by an authorized agent on the company's behalf.
REMOTE HIRING CHALLENGES
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

8. 8
FORM I-9
Many notaries refuse to sign and notarize a Form
I-9 (due to state laws that prohibit them from
signing and notarizing their own signatures).1
There is a misconception that a notary is required
to “sign and notarize” the Form I-9, which is not
accurate.
Truth is: the notary is simply acting as an
agent/representative on behalf of the employer.
If the Notary refuses to complete Form I-9
(including providing a signature) another
authorized representative may be selected.
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3
4
NOTARY CONFUSION DECODED
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

9. 9
Congress recognized that the employment eligibility verification requirements and potential
sanctions against employers for hiring undocumented workers could discourage some employers
from hiring certain US citizens and others authorized to work in the U.S. Also, employers may be
confused about the proper procedures for completing the Form I-9, and the documentation
acceptable for proving employment eligibility and identity.
IER (Immigrant & Employee Rights Section) investigates charges of employment discrimination related to
an individual's citizenship or immigration status or national origin. EEOC also investigates employment
discrimination based on national origin, in addition to other protected bases. IER investigates national origin
claims against employers with 4 to 14 employees and EEOC investigates national origin claims against
employers with 15 or more employees.
More information about preventing discrimination can be found at:
https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination
THE ANTI-DISCRIMINATION PROVISION
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

10. 10
The anti-discrimination provisions of the INA prohibit four types of unlawful conduct:
PREVENTING DISCRIMINATION
* Actual or perceived
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
Citizenship or immigration
status discrimination*1
National origin discrimination*
Document abuse during Form
I-9 process
Retaliation
2
3
4

11. 11
Demands specific
documents from
non-U.S. citizen
workers.
Asks non-U.S. citizens
and foreign-born
citizens for more
documents than needed
to complete the I-9.
Rejects valid
employment
authorization
documents from
non-U.S. citizens.
Demands that lawful
permanent residents
present a new “green
card” when the card
expires.
DISCRIMINATION & FORM I-9
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
Employers must accept any document an employee presents from the List of Acceptable Documents, as long as
the document reasonably appears to be genuine and to relate to the employee.

12. 12
DISCRIMINATION & E-VERIFY
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
Employers should ensure to avoid discriminatory processes during the E-Verify process. The E-Verify user manual
can be accessed by visiting: https://www.uscis.gov/everify/publications/manuals-and-guides/e-verify-user-manual.
Terminate or suspend non-U.S. citizen workers for whom it
you receive a tentative non-confirmations (TNCs), or
otherwise interfere with the TNC resolution process.1
Uses E-Verify as a pre-screening tool on a selective basis.
Use E-Verify to confirm the continuing employment
authorization of non-U.S. citizen workers who are not
subject to reverification.
Requires non-U.S. citizen workers to provide additional
documentation establishing their employment authorization
for E-Verify purposes.
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3
4

13. 13
The integrity of I-9 records is as important as that
of tax records.
1
When deciding who to prosecute, lack of or
defective I-9 Forms are a “smoking gun” for ICE.
If you receive an ICE Notice of Inspection (NOI):
you only have 3 business days to produce original
Forms I-9.
Do not destroy any documents, attachments, old
Forms I-9, or company records once a NOI is
received.
Immediately Hire Counsel - (Immigration and
Criminal Defense)
2
3
4
5
ARE YOU AT RISK OF AN ICE AUDIT?
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

14. 14
HOW PENALTIES ARE EVALUATED
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
Good Faith
Effort to Comply
Size of
the Business
Previous Violations
Involvement of
Unauthorized Workers
Seriousness of
the Violation

15. 15
HOW PENALTIES ADD UP
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
Failure to produce a Form I-9 and
supporting documents
Reverification Failure Complete Certification
Failure to properly complete
Section 2 Certification
Dates & Signatures
Failure to date and/or sign
Sections 1 & 2
Failure to reverify work
authorization documents
Producing Documents
Unauthorized Workers
Knowingly hiring unauthorized
workers
Document Fraud
Engaging in document fraud
Discriminatory Practices
Discriminating against an
employment-authorized individual
Omitting Information
Failure to include document titles,
document numbers, and
expiration dates

16. 16
THE LARGEST
I-9 RELATED FINE
IN HISTORY
HOW FINES ADD UP
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
Civil Violations First Offense Second Offense Third Offense
Minimum Maximum Minimum Maximum Minimum Maximum
Hiring or continuing to employ a person, or recruiting or referring for a fee,
knowing that the person is not authorized to work in the United States. $539 for each
unauthorized
alien
$4,313 for each
unauthorized alien
$4,313 for each
unauthorized
alien
$10,781 for each
unauthorized
alien
$6,469 for each
unauthorized
alien.
$21,563 for each
unauthorized alien
Failing to comply with Form I-9 requirements.
$216 for each
form
$2,156 for each
form
$216 for each
form
$2,156 for each
form
$216 for each
form
$2,156 for each form
Committing or participating in document fraud.
$445 for each
document
$3,563 for each
document
$3,563 for each
document
$8,908 for each
document
$3,563 for each
document
$8,908 for each
document
Committing document abuse. $178 per violation
$1,782 per
violation
$178 per violation
$1,782 per
violation
$178 per violation $1,782 per violation
Unlawful discrimination against an employment-authorized individual in
hiring, firing, or recruitment or referral for a fee.
$445 per violation
$3,563 per
violation
$3,563 per
violation
$8,908 per
violation
$5,345 per
violation.
$17,816 per violation
Asking an employee for money guaranteeing that the employee is
authorized to work in the United States, also called an indemnity bond.
• Pay $2,156 for each bond the employee paid to the employer.
• Refund the employee the full amount of the bond. If the employee cannot be found, this refund will go to the U.S. Treasury.
Criminal Violations First Offense Second Offense Third Offense
Engaging in a pattern or practice of hiring, recruiting or referring for a fee
unauthorized aliens.
• Up to $3,000 per unauthorized alien.
• Up to 6 months in prison for the
entire pattern or practice.
• Up to $3,000 per unauthorized alien.
• Up to 6 months in prison for the
entire pattern or practice.
• Up to $3,000 per unauthorized alien.
• Up to 6 months in prison for the entire
pattern or practice.

17. 17
Incorrect info? Valid originals
examined?
Missing forms
altogether?
Missing
signatures, date,
or checkboxes?
Have forms been
re-verified?
Old I-9s purged
according to the 1
year/3 year rule?Keeping copies
of photo ID's for
E-Verify?
THE PITFALLS OF FORM I-9
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

18. 18
RECENT I-9 AUDIT FINES
$34 Million
Infosys Limited
Failure to maintain I-9
records for many of it's
foreign national
employees in the U.S.,
along with a wide-spread
failure to re-verify
employees.
THE LARGEST
I-9 RELATED FINE
IN HISTORY
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
$276,000 Alpine Staffing
Failure to deliver the forms to ICE on time,
and not completing all appropriate and
necessary forms.
$200,000 United Airlines
Requested specific documents from
current employees in order to re-verify their
eligibility.
$200,000 Macy’s
Committed unfair documentary practices in
violation of the Immigration and Nationality
Act during the Form I-9 reverification
process.
$355,000 McDonald's
Required LPRs to show new green cards
following the expiration of the original ones.
The company did not make similar
requests of U.S. citizens.
$265,000 Real Time Staffing, LLC
Misuse of E-Verify by requesting specific
documents, along with noncompliant
Section 2 practices
$1,500,000 Mary's Gone Crackers
Settlement with the DOJ after ICE
determined it had hired numerous
individuals not authorized to work in the
U.S.
$445,000 Yellow Checker Star Trans.
Asked non-citizens authorized to work in
the U.S. to provide specific documents for
their Forms I-9, while citizens were not
asked to do the same.
$200,000 Pasco Processing, LLC
Required different forms of work
authorization for alien residents lawfully
permitted to live and work in the U.S. than
it did from American citizens.

19. 19
Commerce Slides
o Employee Information
o Citizenship/Immigration
Status
o Employee attestation
o Preparer/Translator
Certification
o List A (ID + Work
Authorization)
o List B (ID)
o List C (Work Authorization)
o Employer’s Certification
o Name
o Date of Rehire (if applicable)
o Document Title, Number, and
Expiration Date
o Employer Signature, Date,
and Printed Name
SECTION 1 SECTION 2 SECTION 3
INTERNAL SELF AUDIT
How do we do this and what do
we need?
Unbiased, annual, consistent,
knowledgeable, and thorough
List of current employees hired
after Nov. 6, 1986
List of employees terminated in
past 3 years
Missing I-9 (current
or former employees)
I-9s with errors
(current or former
employees)
Copies of mandatory
E-Verify List A
Documents
Manual Audit
Spreadsheet
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

20. 20
Audit Your I-9s – often and thoroughly.
Implement internal training processes
(including I-9 responsible officer),
compliance program, and plan of action.
Use electronic I-9 system (tracking, error
proof, audit trail, reporting). Not all are
created equal.
Document your I-9 policy – How and when
forms are completed, stored, accessed,
reported, and purged.
Understand E-Verify, use it for new hires,
and police your subcontractors.
Copy documents for all as best practice –
Driver’s License, work authorization,
Green Card, etc. (not mandatory, unless
US PP/PP Card, I-551, or I-766 presented
for E-Verify).
Keep Forms I-9 separate from personnel
files.
BEST PRACTICES
OVERCOMING FORM I-9 CHALLENGES IN STAFFING
Visit: i9advantage.com/resources for additional tips and best practice information.

21. 21
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We offer easy-to-use, flexible, and truly compliant solutions that meet federal
regulations for Form I-9 & E-Verify.

22. 22
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via desktop, laptop, tablet or smart phone.
Walk-Up Usability
Our system is easy to use and intuitive, making anyone a
Form I- 9 expert.
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Our software solutions reduce the time spent processing
Form I-9s by 75%.
Integrate With Your HR Platform
Seamlessly integrate with your existing HR Platform.
Instant E-Verify® Submission
Instantly submit to E-Verify® with customized options
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INNOVATIVE FEATURES
OVERCOMING FORM I-9 CHALLENGES IN STAFFING

23. Commerce Slides
FLAWLESS I-9s EVERY TIME
ANYONE CAN BECOME AN I-9 EXPERT
o Create error-proof I-9s and eliminate the risk of
government fines with precise data validation and
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o Streamline your I-9 process and reduce the risk of
employee discrimination with a standardized process.
o We maintain the most up-to-date and compliant
software by working closely with the Department of
Homeland Security, and our software development
team to stay ahead of ever-changing regulations.
Digital I-9 Storage & Printing
Eliminate Missed Deadlines
Single-Sign On
Seamless Integration
Integrates with any web-based service provider, onboarding,
or HRIS system.
Simplify the login process, and save time by accessing all of
your applications with a single, secure sign-on.
Automatically secures, stores, and provides easy search for
quick retrieval and printing of Form I-9s and audit trails.
Stop worrying about missing re-verification deadlines for
employee work authorizations.

24. 24HIRE REMOTELY FROM ANYWHERE
THE CONFIDENCE OF COMPLIANCE FROM ANY LOCATION
o 100% paperless and mobile-enabled, I-9 Remote™
reduces the processing time of Form I-9s remotely
from days to minutes.
o Use an authorized agent, or one of 14,000 trained
notaries available nationally through our National
Partner Notary Network or access over 300 I-9
completion centers.
o Notaries trained on the I-9 Remote system are
proficient in accurately completing Form I-9s, and will
travel to your location to meet your new hire.
Digital Signature Options
Smart Document Upload
Notary Network & Flexible Section 2 Agent Options
Technologically Savvy
Complete your remote I-9s via tablet, smart phone, and
computer with the fastest mobile solution on the market.
Use an employer or employee designated agent, or
access our nationwide notary network, or brick and
mortar I-9 completion centers. You choose - we make it
easy!
Options to sign the Form I-9 using a mouse, stylus, or
finger (if using a tablet), or click to sign to attest the
information is correct.
New hires capture secure images of Section 2 documents
with any mobile device camera, and upload them instantly.

25. Commerce Slides
RESTORE THE HEALTH OF YOUR I-9s
THE MOST PRECISE WAY TO CORRECT PAPER I-9S
o Attempting to self-correct archived Form I-9s will
increase your risk of fines.
o I-9 Medic™ eliminates the risk of human error, and
preparation time for an audit, from weeks to minutes.
o Compliantly correct error-filled I-9s by precisely
catching each error followed by step-by-step
correction guidance.
Forensic Quality Audit Trails
Exhaustive Error Checking
Data Security
Real-time Dashboard
Allows approved administrators to monitor the correction
process for multiple accounts, users, and locations.
Protects the integrity of your data by exceeding the most
stringent federal security requirements.
Automatically secures, stores, and provides easy search
for quick retrieval and printing of Form I-9s and audit
trails.
Precisely catch errors with our 185-point error-checking
algorithm, supported by 20-tier validation.
.

26. CONTACT US!
LEARN MORE ABOUT INNOVATIVE FORM I-9 & E-VERIFY SOLUTIONS
800.724.8546
Sales@i9advantage.com
i9advantage.com
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