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Sathab Abbo, Corporate Immigration Counsel Randa Hamade, Director of Marketing
Thank You For Joining Our Webinar
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Sathab Abbo, Corporate Immigration Counsel
i9advantage.com
What's There To Talk About?
1. Your Road Map To Compliance
2. Why I-9 Compliance May Cost You Millions
3. Are You At Risk of An ICE Audit
4. Fun Facts
5. Recent I-9 Audit Fines
6. How Fines Add Up
7. Enforcement Trends
8. The Pit Falls of Form I-9
9. Employers Obligation
10. Remote Hiring Requirements
11. Best Practices
12. Let's Recap
13. Questions & Answers
14. Cloud-based Form I-9 Solutions
15. Key Features
16. Contact Us
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Your Road Map To Compliance
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Contains 3 Sections:
• Section 1 - Completed by Employee.
• Section 2 - Completed by Employer.
• Section 3 - Completed by Employer
for rehire or re-verification.
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 (3 day rule).
No exception for Remote Hires.
Employee attests to his or her employment authorization, and presents the employer with
acceptable documents evidencing identity and employment authorization.
Why I-9 Compliance May Cost You Millions
Fines are Fines are Fines – Remember that ICE takes into consideration a number of
factors in assessing fines. There’s no specific category carved for remote hiring
violations.
• Hiring violations: $375 to $16,000
per violation - with higher penalties for
repeat offenders.
• Form I-9 violations: $110 to $1,100
per violation.
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Are You At Risk of An ICE Audit?
The integrity of I-9 records is as important as
that of tax records.
When deciding who to prosecute, lack of or
defective I-9 Forms are a “smoking gun” for
ICE.
Yes! Every Employer is at risk.
If you receive an ICE Notice of Inspection (NOI): you only have 3 business days to
produce original I-9 forms.
Do not destroy any documents, attachments, old I-9 Forms, or company records once a
NOI is received.
Hire counsel – (Immigration and Criminal Defense).
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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.
$375 per
worker.
$3,200 per
worker.
$3,200 per
worker.
$6,500 per
worker.
$4,300 per
worker.
$16,000 per
worker.
Failing to comply with Form I-9 requirements. $110 per
form.
$1,100 per
form.
$110 per
form.
$1,100 per
form.
$110 per
form.
$1,100 per
form.
Committing or participating in document fraud. $375 per
worker.
$3,200 per
worker.
$3,200 per
worker.
$6,500 per
worker.
$3,200 per
worker.
$6,500 per
worker.
Committing document abuse. $110 per
violation.
$1,100 per
violation.
$110 per
violation.
$1,100 per
violation.
$110 per
violation.
$1,100 per
violation.
Unlawful discrimination against an employment-authorized
individual in hiring, firing, or recruitment or referral for a fee.
$375 per
violation.
$3,200 per
violation.
$3,200 per
violation.
$6,500 per
violation.
$4,300 per
violation.
$16,000 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 $1,100 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.
How Fines Add Up
Enforcement Trends
.
Audits increasing each year.
Fines increasing each year:
• FY 2003 – 2008: $1.5 million in fines.
• FY 2009 – 2012: $31.2 million in fines.
States are pushing for mandatory E-Verify.
Rise in DOJ’s Office of Special Counsel (OSC) investigations for unlawful discrimination.
250 503
1444 2000
2496 3000
0
1000
2000
3000
4000
2007 2008 2009 2010 2011 2012
ICE I-9 Audit Trends
The Pitfalls Of Form I-9
Incorrect info?
Missing signatures, date, or checkboxes?
Missing forms altogether?
Originals examined?
Have forms been re-verified?
Valid ID documents reviewed?
Old I-9s purged according to 1/3 year rule?
Keeping copies of photo IDs for E-Verify?
Legacy I-9s: Are they compliant?
If not, you’re at risk.
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Employers Obligation
Cannot hire people without valid work
authorization.
3 year & 1 year Retention Rule: Employers must
“retain and store” Form I-9 for 3 years after the
date of hire OR for 1 year after termination,
whichever is later.
Purging old I-9 forms as a best practice:
• Frees up storage space.
• Reduces exposure to risks, fines, and penalties.
• If audited, companies are liable for errors on old I-9s also.
• Fewer I-9s to be concerned about with regard to compliance.
The form must always be available for inspection by authorized U.S. Government
officials – DHS, OSC, DOL, or DOJ.
Cannot discriminate or request specific documents For I-9.
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Remote Hiring Requirements
• Employers can designate an Authorized Agent to fill out
Forms I-9 on behalf of company.
• USCIS does not require Authorized Agent to have
specific agreements or other documentation for Form I-9
purposes.
• Notary Public acts as Authorized Agent of the employer,
not as notary, and performs the same required actions
as an authorized representative.
• The agent must carry out full Form I-9 responsibilities, and must not only physically
examine the employment authorization and identity documents with the employee present,
but must also sign Section 2.
• Employer is still liable for any violations in connection with the Form I-9 or the verification
process, even when the form is completed on behalf of the employer by an authorized
representative.
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Best Practices
Audit Your I-9s – often and early.
Create and implement internal training (including I-9 responsible officer), compliance program, and plan of action.
Use electronic I-9 system (tracking, error proof, audit trail, reporting).
Document your I-9 policy – How and when forms are done, storage, access, reporting, purging.
Tickler notices for expiring work authorization.
Understand E-Verify, use it for new hires, and police your subcontractors.
Copy identity documents - Drivers License, work authorization, green card, etc. (not required by law).
Keep I-9 Forms separate from personnel files.
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Let's Recap
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• Get compliant to avoid HEFTY fines.
• Be prepared for an ICE Audit.
• Understand your obligation as an
employer.
• Know the remote hiring requirements.
• Follow best practices, including an
electronic I-9 system.
Q & A
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Sathab Abbo, Corporate Immigration Counsel Randa Hamade, Director of Marketing
Q & A
Sathab Abbo, Corporate Immigration Counsel Laura Randazzo, VP of Compliance
100% CLOUD BASED FORM I-9 & E-VERIFY SOLUTIONS
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Instantly submit to E-Verify® with customized options for each
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Confirmation) immediately.
Key Features
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Contact Us
Sales@i9advantage.com
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This document is not intended to provide legal advice. It contains general and public information. Any employer facing possible civil or criminal charges resulting from I-9 non-compliance is encouraged to consult an attorney.
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Thank you for joining us! We look forward to seeing you at our upcoming webinar.
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