Complying with I-9 Requirements: Step-by-Step Review to Reduce Compliance Questions, Risks & Possible Penalties

We know that the current administration is cracking down on illegal immigrants in the United States.  The Immigration Reform and Control Act was passed in 1996 to combat illegal immigrants from taking jobs away from US citizens.

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.

Why You Should Attend?

You may think it is just a little paper that you have to fill out.It is, however, a very important piece of paper and the Department of Homeland Security is serious that the process is done properly.Preparing the I-9 correctly can also avoid media embarrassment when the Department of Homeland Security raids your workplace and arrests a number of your employees for being here illegally (even if you didn’t know that they were here illegally).

There are legal ways that immigrants can work in the United States.  We will cover the legal process for obtaining work authorization and how to e-verify your applicants to ensure that they are authorized to work in the United States

Learning Objectives

• Time limits for filling out the I-9
• What are acceptable documents for I-9 production?
• How to complete form I-9?
• 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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Credits: 1.0

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