I-9, Immigration, E-Verify Compliance Matters. Immigration Compliance Policy The purpose of this...

I-9, Immigration, E-Verify

Compliance Matters

Immigration Compliance Policy

The purpose of this policy is to comply with the U.S. Immigration Law by using reasonable due diligence to only hire those people that are authorized to work in the United States and to properly document our hiring decision.

General Rule for I-9 Execution

An I-9 must be completed for every employee hired after November 6, 1988

Employer must ensure each item on the I-9 is completed, including signatures of employee and employer

The I-9 must be completed & signed within 3 business days from date of hire

Failure to complete and maintain I-9s correctly can lead to substantial civil and criminal liability

Acceptable I-9 Documents

List of acceptable documents are on the reverse side of I-9

Employee must provide 1 document from List A or 2 documents from Lists B and/or C

Employer must record title, number and any expiration date of the document(s) on the I-9

I-9 Document

Verifying Acceptable Documents

Employee must present the original document(s)

Documents must appear to relate to the person presenting them

Documents must appear to be validly issued

If employer keeps copies of documents, the documents should be maintained with the completed I-9 form and MUST BE COPIED FOR ALL APPLICANTS (No Exceptions)

Common I-9 Mistakes

Incomplete Not dated 3 day violation (Never

backdate) Failure to sign (by

employer and employee) Failure to re-verify Filing problems

Retention of I-9s

Keep I-9s for all current employees

Keep I-9s for all terminated employees the longer of:

– 1 year after termination of employment

– OR

– 3 years from start date

– Whichever is later

Examples

Hired: June 1, 2008 Terminated: June 30, 2008

Three years from date of hire (June 1,

2011) is later than one year from date of termination (June 30, 2009)

Must keep until June 1, 2011

Examples

Hired: January 1, 2000 Terminated: June 30, 2008

Three years from date of hire (January 1, 2003) is NOT later than one year from date of termination (June 30, 2009)

Must keep until June 30, 2009

Filing I-9s

I-9s can be filed in either paper or electronic format

I-9s must be readily available within 3 days

Social Security “No Match” Letter

What is it?

– A letter from the Social Security Administration sent when name on W-2 does not match SSA’s database for that number.

Most mismatches apply to U.S. Citizens

Do not terminate based on “no match” letter alone

6 Important Steps

Within 14 days of receipt of the mismatch letter

1. Check company records for clerical errors

2. Ask employees to confirm your records are correct

3. If employee says records are incorrect, notify the relevant agency

6 Important Steps

4. If employee says records are correct, ask employee to contact the relevant agency to resolve the discrepancy and provide you with verification that it has been resolved NO LATER THAN 60 DAYS after the receipt of the mismatch letter.

6 Important Steps

5. If discrepancy not resolved within 60 days – complete a new I-9

– Do not use any document with SSN that is subject of the mismatch letter or any document without a photograph of employee

6 Important Steps

6. If employee’s identity and work authorization cannot be confirmed, terminate the employee immediately.

– Otherwise, you risk the penalties of knowingly continuing to employ an unauthorized worker.

“Knowledge” violations

Improper I-9 compliance

Ignoring mismatch letters

Disregard for legal consequences of allowing another person to engage an illegal alien to work on your behalf

Electronic Employment Verification Systems (EEVS)

SSA (SSNVS) http://www/ssa.gov/employer/ssnv.html

Must sign a memorandum of understanding with Department of Homeland Security

Can ONLY be used for all new hires at registered worksites (not existing worksites)

Electronic Employment Verification Systems (EEVS)

Must complete within 3 days of hire

If either SSA or CIS database has a conflict, it will issue “tentative nonconfirmation”

– Employee has 8 business days to contest and resolve with the agency.

– Employer must terminate if final nonconfirmation.

30 days written notice to terminate participation in E-Verify

State Laws

A few states require ALL employers to register:– Arizona 1-1-08

– Mississippi (effective 7-1-08) – if 100 or more employees

– South Carolina (effective 7-1-09) – if 100 or more employees

State Laws

There are some state laws or Executive Orders which require employers to register through E-Verify

Normally these are most common with employers who contract with the state:

Colorado Oklahoma

Georgia Rhode Island

Idaho Utah

Minnesota

State Laws

Some states’ laws apply to employers AND subcontractors who contract with the state:

Georgia

Oklahoma

Rhode Island

Utah

Federal Mandate for E-Verify

June 2008, President Bush signed an Executive Order requiring that all federal contracts contain a provision requiring employees of contractors or subcontractors working on federal contracts must have work authorization confirmed through E-Verify.

Still waiting on final regulations

Summary

Remember general rules for I-9 execution

Verify acceptable documents

I-9 mistakes and retention of I-9s

SS “No Match” letters

6 steps to take; along with “Knowledge” violations

E-Verify