I9 Management: Navigating New Legislation and Requirements

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I-9 Management Navigating New Legislation and
Requirements

• Presented by
• Darlene Baker
• Sr. Product Manager

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Background

• Immigration reform includes I-9 changes and new
  screening requirements
• Additional implications and obligations for
  employers
• Assess the situation and plan for compliance

This information is for informational purposes
only and is not intended to be legal advice.
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Discussion Topics

• History of I-9 Employment Eligibility
• DHS E-Verify Program
• Legislative Update and Overview
• Entering the ICE Age
• In the News
• Impact on Employers
• Best Practices
• Why Electronic?
• Next Steps

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History of I-9 Employment Eligibility

• Immigration Reform and Control Act of 1986
• Established the I-9 Employment Eligibility Form
• Penalties for hiring illegal persons
• Requires Employee to Establish
• Identity
• Employment Eligibility
• Electronic Signature and I-9 forms
• 2007 Changes
• Removed five List A documents
• Added one list A document
• SSN not required (except for E-Verify)
• Potential 2008 Updates

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DHS E-Verify Program

• Illegal Immigration Reform and Responsibility Act
  of 1996
• Created the Basic Pilot Program (now E-Verify)
• Employment Eligibility Verification Database
• E-Verify Program
• Established by the Department of Homeland
  Security
• Verifies Social Security Number matches name
• Verifies Social Security Number for wage
  reporting
• Verifies employment eligibility
• Available to all employers today
• Voluntary participation for most employers

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Legislative Update

• Arizona passed the Fair and Legal Employment Act
  with progressive fines for violations and severe
  sanctions
• Colorado passed two laws involving I-9 related to
  documentation requirements and E-Verify usage
• Georgia passed the Security and Immigration
  Compliance Act that is already in effect
• North Carolina recently mandated that all state
  agencies, offices, and universities begin using
  E-Verify
• Oklahoma passed the Oklahoma Taxpayer and Citizen
  Protection Act of 2007 that is now in effect

This information is for informational purposes
only and is not intended to be legal advice.
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Legislative Overview

• There are now many states with unique legislation
• Many others are considering related legislation
• These laws are in addition to federal requirements

Prohibit use of E-Verify
This information is for informational purposes
only and is not intended to be legal advice.
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Entering the ICE Age.
Employers and workers alike should be on notice
that the status quo has changed. -
Michael Chertoff (2006)
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In the News

• Fresh Del Monte Produce
• Michael Bianco, Inc.
• Koch Foods
• Swift Company
• IFCO Systems
• Fischer Homes
• Wal-Mart
• Target

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Impact on Employers

• ICE shifting from passive to active enforcement
• Increased worksite enforcement
• Additional agents and funds for enforcement
• Increased fines
• Lack of enforcement 2003 - 2005
• Paperwork 100 - 1,000 per violation
• Illegal worker 250 - 11,000
• Employment eligibility verification required
• Additional process steps
• Penalties for non-compliance
• Reputation and loss of government contracts

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Worksite Enforcement Arrests
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Best Practices

• Human resources review of all I-9 forms
• Store I-9s separate from personnel files
• Consistency in supporting documentation
• Avoid document abuse
• Internal audits and policy
• Re-verification and deletion
• Electronic I-9 with E-Verify
• Vendors, contractors, acquisitions

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Why Electronic?

• Accuracy and Compliance
• Email Alerts
• Centralized Storage and Access
• Secure Data Storage
• Automated Employment Eligibility Verification
• Compliance Reporting

Increased Efficiency and Cost Savings
This information is for informational purposes
only and is not intended to be legal advice.
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Changes and Benefits of Electronic Forms

• Migration to electronic forms requires I-9
  process updates
• Review and documentation of process changes
• Set-up and training for new I-9 electronic system
• A key benefit is the timely completion of I-9
  forms
• HireRight surveys indicate the majority are
  completed on or before the first day
• Accelerates on-boarding process and minimizes
  administrative workloads

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Electronic I-9 What to look for

• Online 24/7 access to forms
• On-demand reporting capabilities
• Audit trail capabilities
• Integration with other systems
• Instant E-Verify results
• Printed confirmation to employee
• Secure permission-based user access
• Ability to support historical I-9s

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Next Steps
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Thank you and Questions

• For additional information on the new I-9 form
  and E-Verify
• www.uscis.gov
• For information on audits and enforcement
• www.ice.gov
• For questions, please contact Darlene Baker at
  dbaker_at_hireright.com.