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IMMIGRATION REFORM 2013:
Employer Issues and Solutions
September 17, 2013
EMPLOYMENT VERIFICATION (FORM I-9) Compliance
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Immigration Reform and Control Act of 1986 (IRCA) requires:
All employers Verify employment eligibility and identity All employees hired after November 9,
1986 Complete and retain Form I-9 Refrain from discriminating
EMPLOYMENT VERIFICATION (FORM I-9) Compliance – Section 1: Employee Information and Attestation
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Employee must complete Employer must verify Employee must attest to immigration
status and sign and date Completed no later than the first
business day of employment for pay
EMPLOYMENT VERIFICATION (FORM I-9) Compliance – Section 2: Employer Review and Verification
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Complete within 3 business days of first date of work for pay
Original, unexpired documents Document must be on the List of
Acceptable Documents Record the information Enter the first date of work for pay Complete, sign and date
EMPLOYMENT VERIFICATION (FORM I-9) Compliance – Section 3: Reverification and Rehires
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Employment authorization has expired Rehire within three years Update to biographic information Examine the documentation Record the document information Sign and date Choice of completing Section 3 or completing
new Form I-9
EMPLOYMENT VERIFICATION (FORM I-9) Compliance – Section 3: Reverification and Rehires
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Do not reverify: U.S. Passport or Passport Card Permanent Resident Card List B documents
EMPLOYMENT VERIFICATION (FORM I-9) Correcting a Form I-9
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Correct or prepare a new Form I-9 If you prepare a new Form I-9, retain the old
form and attach a memo stating the reasons for your actions
Employers - Correct errors made in Section 2 or Section 3 of Form I-9
Errors in Section 1 can only be completed by an employee
EMPLOYMENT VERIFICATION (FORM I-9) Correcting a Form I-9
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The best way to correct the form is to draw a line through the incorrect informationenter the correct informationinitial and date your correction
Do NOT conceal changes DO NOT BACKDATE the Form I-9
EMPLOYMENT VERIFICATION (FORM I-9) Storing a Form I-9
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Securely in a way that meets your business needs Store Forms I-9 and document copies together, if
applicable Ensure that only authorized personnel have access
to stored Forms I-9 BEWARE of electronic preparation and storage
vendors
EMPLOYMENT VERIFICATION (FORM I-9) Retention a Form I-9
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3 years after the date of hire or 1 year after the date employment is terminated, whichever is later
EMPLOYMENT VERIFICATION (FORM I-9) I-9 Audit and Inspection Overview
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Written Notice of Inspection - three days before the inspection
Notice of Inspection will include the who, what, where and when Who – Whose Form I-9s? What time frame? What – What other documents will be inspected? When – When the inspection will occur? Where – At employer’s site or send by mail/e-mail
EMPLOYMENT VERIFICATION (FORM I-9) I-9 Audit and Inspection Overview
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Technical or procedural violation – 10 days to correct
Substantive or uncorrected technical violations may receive a monetary fine
Penalties may include civil fines, criminal penalties and debarment from government contracts
EMPLOYMENT VERIFICATION (FORM I-9) Practical Considerations for All Employers
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Training Periodic internal audits Comprehensive, compliant and written I-9
policy Relationships with contractors, authorized
agents and independent contractors E-Verify
IMPORTANT ISSUES THAT MAY EFFECT THE WAY EMPLOYERS DO BUSINESS
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Automation of Form I-94 New classes of authorized workers CIR Increase in # of Form I-9 audits Increase in amount of fines Mandatory E-Verify Changes to E-Verify Governmental agencies cooperating with each
other
AUTOMATION OF FORM I-94
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Paper Form I-94 no longer issued to foreigners entering the U.S.
Could create an issue or confusion as I-94 is could be a List A document on Form I-94
Must ask employee to print out I-94 number from CBP website
IMMIGRATION REFORM: WHAT IT COULD MEAN FOR YOU
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S. 744 - Comprehensive package Piece meal legislation includes the
Agricultural Guestworker Act, the Legal Workforce Act, SKILLS Act as well as some border security legislation
Any immigration act that gets signed into law will affect ALL of you in one way or another
IMMIGRATION REFORM: WHAT IT COULD MEAN FOR YOU
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E-Verify will likely become mandatory – What does this mean to you as an employer?
Previously unauthorized workers are now authorized – How to handle various situations that may come up? Liability?
New pool of unskilled, skilled and professional employees – What are the benefits of hiring foreign labor? What are the pitfalls?
New categories of employment authorization – How to complete the Form I-9? Changes to the Form I-9? Training?
Other issues?
E-VERIFY
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No cost – Easy to use – Internet based Verifies employment eligibility Mandatory for all or most employers in
Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Utah
If CIR passes, it is expected that E-Verify will become mandatory in all states
E-VERIFY
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No pre-screening of employees No later than three business days Uses information from Form I-9 Requires SSN and identity document with photo Employers must retain copies of Permanent
Resident Cards (green cards) and Employment Authorization Documents
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LISA M. [email protected]
3500 National City Tower101 South Fifth StreetLouisville, KY 40202
Twitter: @bgdlegalYouTube: Bingham Greenebaum Doll
