HR Conference 2006 Tallahassee Florida November 14 15

HR Conference 2006 Tallahassee, Florida November 14 &15 STAFFING – SELECTED TOPICS Presented by: Susan Campbell Jan Russo & Erin Snedeker Programs ~ Processes ~ Partnerships ~ Programs ~ Processes ~ Partnerships

U. S. Citizenship & Immigration Services FORM I-9 • Verify • Comply Susan Campbell, Human Resource Mgmt. Programs Processes Partnerships

FORM I-9 COMPLIANCE • • • What is it? Who is affected? What is the procedure? When is it completed? Why is it important? What are the consequences? Programs Processes Partnerships

What is it? THE LAW: The Immigration Reform and Control Act of 1986 (IRCA) – legally mandates that U. S. employers verify the employment eligibility status of all newly hired employees. IRCA made it unlawful to knowingly hire or continue to employ unauthorized workers. Programs Processes Partnerships

What is it? THE LAW: • Covers ALL employers • Covers ALL employees employed after NOVEMBER 6, 1986 Programs • Requires all employers to prepare and maintain employment authorization and verification form (I-9) for each employee hired. Processes Partnerships

Who is Affected? In response to the law, the Immigration and Naturalization Service (INS), now part of the Department of Homeland Security (DHS) – created the Form I-9, and mandated its accurate and timely completion by all U. S. employers and their employees. Programs Processes Partnerships

Form I-9 What is the Procedure? When is it due? FORM I-9 (Dated 5/31/05) Section 1: • Employee completes and signs on Day 1. Programs Processes Partnerships

Form I-9 FORM I-9 Section 2: Verification process -Employer verifies documentation, completes and signs no later than Day 3 of employee’s employment. Programs Processes Partnerships

Form I-9 FORM I-9 Section 3: • Employer completes and signs for update and re-verification for docs which contain an expiration date, and renewal is necessary. Programs Processes Partnerships

What are CURRENT acceptable documents? (Check detailed list on reverse of updated I-9) LIST A: Estab. ID and Employ. Eligibility LIST B: Only estab. ID LIST C: Only estab. Employ. Eligibility 1. US Passport 2. Unexpired foreign pass. 3. Perm. Res. or Alien Registra. Receipt (I-551) 4. Unexp. Temp. Res. (I-688) 5. Unexp. Employ. Auth. (I-688 A) 6. Unexp. Employ. Auth. Doc. (I 688 B), (I-766) 1. US Driver’s license or US ID card with photo & info. 2. Photo ID by fed. /state/local govt. with info. 3. Photo school ID 4. Voter’s Reg. 5. US Military card 6. Mil. Depend. Card 7. USCG Mer. Marine 8. Nat. Am. tribe doc. 9. Canadian Drvrs. Lic. 1. US SSN card by Soc. Sec. Admin. 2. Birth Abroad Cert. (FS-545 or DS-1350 3. Orig. or cert. copy of US birth cert. 4. Nat. Am. Tribe doc. 5. US Citizen ID (I 197) 6. Res. Cit. in US (I 179) 7. DHS Unexp. Employ. Doc (other than List A) Programs Processes Partnerships

DOCUMENT ABUSE It is NOW unlawful-for employers to request more or different docs than are required to verify work authorization and identity. Fines between $110 and $1, 100 will be imposed for each violation. Programs Processes Partnerships

DOCUMENTS RETAINED FOR: • Three (3) years from date of commencement of employment, OR • One (1) year from the day employment ends • WHICHEVER IS LATER! Tip: Keep I-9 docs for three (3) yrs after employee termination. Programs Processes Partnerships

VERIFICATION & RECORD RETENTION REQUESTS • Requires employee, under penalty of perjury, to attest that they are either a (a) US citizen, (b) lawful permanent resident, or (c) temporarily authorized to work. • Requires employer to ID types of docs examined and certify, under penalty of perjury, that all verification processes have been performed. Programs Processes Partnerships

RE-VERIFICATION OF EMPLOYMENT ON SECTION 3 OF I 9: Retain a tickler file for docs that will expire. Request doc 90 days in advance. Add info to original I -9, or Sec 3 of new I-9 and attach to original. Programs Processes Partnerships

Why is it important? • It’s the law • Verification of rights to work in the US • Future audit purposes Programs Processes Partnerships

INSPECTION OF I-9 FORMS BY ICE • Agents of ICE or DOL are auth to inspect I-9 s upon 3 -day notice. • Any delay or refusal will constitute a violation of requirements. Programs Processes Partnerships

COPYING OF DOCUMENTATION • No requirement to copy • Employers may copy all docs presented for authorization and ID • Only for the purpose of compliance TIPS: If agency copies docs for one, you must copy docs for all! Storage should be kept separate from personnel files. Programs Processes Partnerships

TIPS: • Set up an I-9 verification system. • Train those responsible for completing the I-9 s. • Audit your I-9 s at least once a year. Programs Processes Partnerships

What are the Consequences? • Unauthorized workers/potential deportation • Employer fines/civil or criminal penalties • Penalties for improper completion/retention - $110 -$1, 100 for each error or omission. • Penalties for violating IRCA: 1 st - $275 -$2, 200 for each unauthorized alien 2 nd - $2, 200 -$5, 500 each 3 rd - $3, 300 -$11, 000 each Programs Processes Partnerships

RESOURCES: • “Handbook for Employers – Instructions for Completing Form I-9” (M-274 Revised 11/21/91) • Direct questions to: INS Office, Attention: Employer & Labor Relations Officer 7880 Biscayne Blvd. Miami, FL 33138. • Office of Special Counsel for Immigration Related Unfair Employment Practices 1 -(800)255 -7688 in Washington, D. C. Programs Processes Partnerships

REMEMBER: • Hiring employees without verification is a violation of employer sanctions law. • This law requires employees hired after 11/6/86 to provide documents establishing ID and employment eligibility, and employers to record information on the I-9. • Employers may not discriminate on the basis of national origin or citizenship status. Programs Processes Partnerships

UPDATES TO LOOK FOR: • New forms – reduce acceptable docs from 27 to 14 • Comprehensive Immigration Reform Act of 2006 – Mandatory participation in employment verification within 5 years • Retention of docs extended from 3 to 7 years • Maintain records and procedures for Social Security no-match letters • Major increase in civil & criminal penalties Programs Processes Partnerships

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