Employers are required to complete an I-9 form for every person they hire and to update these forms when necessary. Periodically, the DHS, the Department of Labor and the Justice Department send Notices of Inspection to employers to audit their I-9 forms. If the I-9 forms are not completed correctly, an employer may be fined even if all their employees are legally authorized to work in the U.S. In fact, Congress gave the DHS authority to increase penalty thresholds by more than 200% to account for inflation. But the horizon for I-9 compliance is ever dynamic, recently the Fifth Circuit issued a decision regarding I-9 compliance that promises to have reaching impact to the employer.
Beginning on May 7, 2013, all employers were required to use the then released Form I-9. The new Form I-9 was longer and more complex than the previous version and came with new rules affecting which documents may be used to verify the employment eligibility of workers. There were also new instructions and additional data fields for employees and employers. Equally as important to note was the authorization by OMB in late August for DHS to move forward with yet another Form I-9 which is expected to be released sometime before the end of November. During this webinar participants are walked through the changes to the form and are informed of the proposed changes yet to come to improve overall I-9 compliance.
Whether your employees complete Form I-9 centrally or on the jobsite, this webinar is a must for anyone who is responsible for completing and signing Form I-9.
• Up-to-date I-9 compliance requirements
• Basic I-9 document review
• Overview of the proposed changes for a new Form I-9, billed as the “smart” form
• Highlights of the OMB review and approval for the “smart” form along with the recently increased penalties authorized by Congress
• An overview of the decision handed down by the Fifth Circuit regarding corporate I-9 attestations
• Recognize the effect of the new Form I-9 on hiring managers and field personnel;
• Understand the new rules for acceptable documents used to verify employment eligibility;
• E-Verify – Pros & Cons
• Understand the impact the new Form I-9 will have on the use of E-Verify;
• Conducting a self-audit of your I-9 process
• How to avoid the common errors and omissions, including recordkeeping errors
• Update on Upcoming ICE I-9 audits
• Penalties for non-compliance
• Understanding Civil & Criminal Penalties
• Walking the fine line between vigilance and illegal overstep when seeking proof of citizenship
• Establish best practices for reducing risks and correcting errors when using the new Form I-9.
The United States Immigration and Customs Enforcement (ICE) has cracked down on companies suspected of hiring illegal workers and greatly increased their number of annual audits. Most recently, the Indian company Infosys was ordered to pay a record $34 million settlement after allegations of systematic visa fraud and abuse of immigration processes.
Implementing Form I-9 compliance and best practices while limiting your company’s liability is a challenge faced by many employers. To help, DHS has posted links to various online resources. As good as these short videos are, I-9 compliance is a complex procedure, and although the videos do a great job in introducing employers to the basics, there are hundreds of technicalities that are not covered in their videos.
For example, there is a box on Part I of the form for persons who are noncitizen nationals to check. I would venture to guess that 99.9% of employers (and probably most DHS employees) have no idea what a noncitizen national is.
Also, many rules for completing I-9 forms are not listed in the law or even in the USCIS regulations. When can an H-1B employee who is changing jobs start working for the new employer? What forms does he have to present to show that he is authorized to be employed for I-9 purposes? These type of questions are not covered in the videos.
Today, in order to avoid astronomical fines for non-compliance, employers need to be ever so vigilant and diligent in their process. The webinar discussion will include a review of the penalties ICE and Office of Special Counsel (OSC) can impose. Additionally, the webinar will review paper versus electronic I-9 forms and the common missteps employers make in the process.
(This will inform about what attendees will learn by attending this webinar. It can be in bulleted points or descriptive type. 3-4 pointers or lines are sufficient)
• Completing Form I-9
• Storage and Retention
• The big picture
• Enrolment and Use
• Additional Information
Who will benefit:
• Payroll and accounting managers
• Payroll processing professionals
• Employers and Business owners
• Human Resources Specialists and managers
• E-Verify Users
• Anyone interested in learning about the Form I-9
Cathleen Hampton has more than 25 years of experience as a human resources professional providing subject matter expertise and consulting services in areas of risk and compliance, work force planning, and human capital strategy. She has a unique ability to analyze operations for risk and help maneuver cultural practices and compliance enhancements that increase organizational outcomes. She is a well-known speaker noted for presenting best-in-practice solutions focused on talent retention and operational strategies that outpaced major completion through strong and decisive business leadership.