New Form I-9 Now in Effect: Key Changes & Increased Liability

Whenever an employer hires an individual, the employer must prepare an I-9 that confirms the applicant’s identity and that the applicant is legally authorized to work in the United States.  Although an employer is not required to be an immigration expert in filling out the I-9, small errors can lead to costly fines.  ICE conducts over 60,000 I-9 inspections each year. In addition, an executive order requires federal contractors to use e-verify to determine the validity of the documents produced during the I-9 process, and many states have similar laws.   ICE also has a Memorandum of Understanding with the Office of Contract Compliance Programs and the Wage and Hour Division where these agencies will inspect your I-9s during an OFCCP audit or a wage and hour investigation.  Failure to complete the I-9 properly can lead to civil and criminal penalties (up to $3000) for each unauthorized working alien and a prison sentence of up to six months. 

The Department of Homeland Security recently updated the I-9 form.  How do you fill it out an I-9 properly? Do you know when you can hire a foreigner who is not a U.S. citizen?  How do you everify? 

Areas Covered

• Time limits for filling out the I-9
• What are acceptable documents for I-9 production?  What has changed?
• When can you assume that a document is legitimate?
• Do you have to keep a copy of the documents you reviewed?
• When can foreigners work in the United States?  What is the difference between a B, H, J, L, and TN visas?
• What about foreigners who are attending school and need to work as part of their practical training degree requirements?
• How do you use e-verify?
• Who requires e-verify?

Who Will Benefit

Human resources manager, hiring officials, record keeping positions.

Speaker(s)

Susan Fahey Desmond

For more than 35 years, Susan Fahey Desmond has helped companies – hospitals, banks and credit unions, manufacturing companies, offshore oil companies, school districts, and others – minimize the cost and disruption of employment disputes. She defends wage and hour, wrongful discharge, non-compete, Family and Medical Leave (FMLA), and other claims. Clients seek her litigation counsel for age, sex, disability, race, religion, and sexual harassment discrimination lawsuits, as well as class actions. She helps employers dispute Equal Employment Opportunity Commission (EEOC) charges and other administrative complaints and navigate the administrative and judicial process. And, perhaps most importantly, she works with management and HR to resolve issues before they develop into contentious litigation.

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