This document summarizes key information CEOs need to know about immigration strategies and government oversight. It outlines the roles of various government agencies that oversee immigration compliance. It also discusses employment verification rules, penalties for non-compliance, and strategies CEOs can implement like developing an immigration compliance plan and conducting self-audits to ensure a culture of compliance within their organization.

1. What CEOs Must Know About Immigration Strategies to Survive Government Oversight Presented by Ann Massey Badmus

3. Immigrant Demographics Approximately 33.5 million foreign-born people live in the United States. The foreign born represent 11.7 percent of the U.S. population. Source: Current Population Survey, Annual Social and Economic Supplement, 2003 US Census Bureau

4. Immigrant Demographics Foreign born workers are 15.3% of the labor force and represent 44.6% of the 2.7 million increase in employment from 2005 to 2006 Bureau of Labor Statistics, 2006 In 2005, foreign born students obtained 41% of doctoral degrees in sciences and engineering NSF, Science and Engineering Doctorate Awards 2005, Table 3

5. Government Oversight Look Who’s Watching

6. Department of Homeland Security U.S. Citizenship and Immigration Service (USCIS) www.uscis.gov - immigration benefits and services U.S. Customs and Border Protection (CBP) – www.cbp.gov – border patrol and international travel facilitation

7. Department of Homeland Security Immigration and Customs Enforcement www.ice.gov Investigates employers for compliance with employment employer verification rules and removes undocumented aliens from the United States

8. U.S. Department of Labor www.foreignlaborcert.doleta.gov Investigates employer verification compliance, visa compliance, violation of worker rules

9. U.S. Department of Justice Office of Special Counsel (OSC) www.usdoj.gov/crt/osc / Investigates and prosecutes charges of immigration-related unfair employment practices

10. State of the Union – As it Relates to Immigration-Related Legislation 1000s of pieces of legislation introduced around the country since 2006. Over 20 states now impose their own immigration rules on Employers.

11. Costs of Non-Compliance How Much Are You Willing to Risk?

12. Employment Verification Rule All employers must verify employment eligibility of new employees using the I-9 Form Employer must not knowingly hire or continue to hire unauthorized workers.

13. Fines/Penalties for I-9 and Unauthorized Employment Offenses I-9 violations - $110 to $1110 for each violation Unauthorized employment for offenses occurring on or after March 27, 2008 - $375 to $3200 – 1st offense $3200 to $6500 – 2nd offense $4300 to $16000 – more than 2 offenses

14. Fines/Penalties for I-9 and Unauthorized Employment Offenses To determine the amount of the penalty, ICE considers: The size of the business of the employer being charged The good faith of the employer The seriousness of the violation Whether or not the individual was an unauthorized alien The history of previous violations of the employer

15. Good Faith Defense If you can show that you have, in good faith, complied with Form I-9 requirements, then you have established a “good faith” defense with respect to a charge of knowingly hiring an unauthorized alien, unless the government can show that you had actual knowledge of the unauthorized status of the employee.

16. Criminal Penalties Knowingly hire or continue to employment unauthorized worker – fines up to $3000 per employee and/or 6 months imprisonment False statements, misusing visas & identity documents – fines and/or penalties up to 5 years imprisonment Harboring alien – up to 5 years imprisonment and $250,000 in fines

17. Criminal Charges - Who Can Be Charged? Business Owners Plant Managers & Supervisors HR Personnel Union Stewards Intermediate and Senior Executives

18. Anti-Discrimination Violations Fines and Penalties $110 to $16000 depending upon the violation Back pay (no more than 2 years before claim was filed) Hire or re-hire Personnel training Attorneys Fees

20. Winning Strategies for CEOs Developing a Culture of Compliance

21. Immigration Compliance Plan Written procedures and policies Training and Supervision Contractor compliance Consolidation of process for multiple locations

22. Immigration Compliance Plan Secure and consolidate records E-Verify Social Security no-match letters Violations reporting and investigations

23. Annual I-9 Self-Audits Prepare for government audit Identify errors for correction Identify training issues Contractual compliance requirements Demonstrate good faith compliance and avoid fines/penalties

24. Post-Audit Implementation Plan Conduct Training Ensure Corrections are Made Review Audit Report Implement Procedural Changes Store I-9 Audit Records Maintain Ongoing Project Attitude

25. Response Plan for Government Audits and Enforcement Actions (RAIDS) Training of Employees Designation of Company Point of Contact Immigration Attorney Criminal Defense Attorney

26. Q & A

27. " Immigration law is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold." - USCIS spokeswoman Karen Kraushaar

28. Immigration Counsel Develop written compliance plans and audit safeguards Conduct third-party compliance audits Develop contractor compliance and termination policies

29. Immigration Counsel Conduct training and reviews Advise before immigration-related hiring or firing Defend against enforcement actions Keep you updated on changing rules

30. Legal Notice Facts of individual situations differ. The information provided here is general in nature and should not be relied upon for specific situations. Consult with an experienced immigration attorney to ensure compliance.

31. Thank You! Badmus Law Firm 12700 Park Central Drive Suite 1910 Dallas, Texas 75251 469-916-7900 Telephone 469-916-7901 Facsimile www.badmuslaw.com [email_address]