E-Verify & I-9 News

ICE Director, John Morton

Tracker participated in the Second Annual Worksite Immigration Compliance Symposium which took place at Stanford Law School’s Rock Center for Corporate Governance on April 20^th, 2012. This Symposium featured many of the top authorities and influencers in Form I-9 worksite compliance, for an insightful day of panel discussions on best practices in compliance and auditing, enforcement and penalties, IMAGE participation, and more.

Today’s post is an introduction to as series of future articles that will share details from some of the key discussions in this Symposium. Here is a quick overview of the discussion points that we will cover in greater detail in the coming weeks:

Executive Ethical Compliance Training

Featuring Charles H. Kuck (Partner, Kuck Immigration Partners LLC) and Carl Hampe (Partner, Baker & McKenzie) and moderated by Charles M. Miller, (Principal, Miller Law Offices, and Co-author of Immigration Compliance Auditing for Lawyers), this panel addressed the keys to managing a successful and ethical compliance program, developing I-9 policies, manuals, and training, and private external auditing. Their discussion covered the things all I-9 administrators must know, using a complete compliance audit as a best practice to avoid liability exposure, the steps to follow for proper remediation, and the essentials of how to do a private audit.

Updates on the IMAGE Program

Sharon Mehlman (Partner, Larrabee, Mehlman, Albi and Coker, LLP) and Adam Wilson, Unit Chief, IMAGE, DHS, ICE) provided an update on the IMAGE program, the Penalty Assessment Policy, the Memorandum of Understanding, and details on the private audit and IMAGE membership. Moderated by S. Christopher Stowe, Jr. (Law Office of S. Christopher Stowe, Jr., Executive Director of Homeland Security Compliance Council and Co-author Immigration Compliance Auditing for Lawyers), this session clarified what an IMAGE audit looks like, leniency towards companies undergoing an IMAGE audit, and recommendations for conducting internal audits.

ICE Worksite Enforcement Policies & Programs

Rachel Ross (Section Chief of the Employer Compliance Inspection Center, Worksite Enforcement Unit Office of Investigations (ECIC), DHS, ICE) and Paul Virtue (Partner, Baker & McKenzie and former INS General Counsel) discussed the current basis for ICE policies. This session provided information on the INS Virtue Memorandum on Technical errors versus Substantive violations, planned changes to the ECIC, recommendations about Self Auditing procedures, and a discussion on the government’s position on electronic I-9 systems.

Immigration Compliance Requirements

Rachel Ross (ECIC) and Jennifer Sultan (Acting Special Policy Counsel, Office of Special Counsel for Immigration-Related Unfair Employment Practices,  Department of Justice) discussed best practices for large corporations, including their biggest tips on how to avoid fines and discrimination charges, OSC guidance for acting on No Match letters, documentation best practices, and preventing issues that would appear to constitute “constructive knowledge” or a pattern of practice.

Keynote Speaker, ICE Director John Morton

John Morton (Director, United States Immigration and Customs Enforcement, Department of Homeland Security) was on-hand as the luncheon’s keynote speaker. Director Morton gave a history and background of ICE. He expressed the importance of employers adhering to proper hiring practices (warning that ICE will conduct 3,000 I-9 inspections this year. He also explained the benefits of participating in the IMAGE program (ICE Mutual Agreement between Government and Employers).

Look forward to more details

There was such a substantial windfall of information from this symposium, we look forward to sharing the insights from these discussions in our upcoming posts.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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[Editor’s Note: today’s video post is brought to you by guest blogger Katie Minervino, Associate Attorney in the Immigration Group at Pierce Atwood LLP. Katie assists employers and employees in employment authorization needs and provides clients with support and guidance on employment verification requirements, best practices, and audit response.]

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

Share this with your network:

Introducing our latest Tracker I-9 video, explaining the Five Best Practices to Follow When Completing the Form I-9 and E-Verify for Under-Age 18 or Disabled Employees.

Click this link to watch the video:

This is the first in a new series of blog posts which will address and answer your questions regarding Form I-9 and E-Verify compliance. To pose a question, visit our Ask a Question page and fill-in the form provided. We’ll select the best question each week and provide an answer on this blog.

Our first question comes from a technical recruiter who is concerned about using E-Verify for existing employees who are on a covered contract. Here is a summary of the question, which has two parts:

Question: Since the new I-9 (February 2nd and August 7th editions) have different rules for acceptable documents (e.g., expired documents, such as US passport are no longer allowed) , will we have to do a new I-9 for those employees that are on a covered contract? We’re currently using E-Verify for new hires, but how long do we have to be compliant to have all existing employees in the system?

Answer: Once you’ve been awarded a federal contract or subcontract with the E-Verify clause, you will have a choice regarding existing employees: you can use E-Verify for just those that are working on the covered contract OR you can elect to use E-Verify for your entire workforce (if, for example, it’s too burdensome to make the determination of who is on the contract). In either case, you can use a previously completed I-9 form (even one with expired documents) as the basis for the E-Verify query as long as it meets certain requirements that are outlined in the E-Verify MOU. These include: it must be complete (including the SSN); if you accepted a list B document on the old I-9 form, it must be a type which has a photo; if you accepted a green card or EAD, you must have a photo copy of it; and the employee’s work authorization must still be valid. In addition, the MOU indicates that employers must review the old Form I-9 either in person or in communications with the employee to ensure that the employee’s stated basis in section 1 of the Form I-9 for work authorization has not changed.

As for the timing, since you are already using E-Verify, you will have 90 days to initiate verification queries for current employees after you are awarded a covered contract. For those not currently using E-Verify, they get 30 days to enroll and then 90 days from E-Verify enrollment (total of 120 days). Lastly, if you intend to choose the entire workforce option, you have 180 days from election of that option to verify all existing employees hired after November 6, 1986.

Disclaimer: Although our bloggers are legal experts in the field, these answers should not be construed as direct legal advice. Your specific employment situation may involve facts and complications unknown to us. For specific issues and questions regarding I-9 and E-Verify compliance, please contact your immigration or employment counsel.

Nebraska has enacted a new E-Verify bill, which requires employers who receive state or local contracts and tax incentives to electronically verify the work status of all new hires. The bill also requires state and local governments to use E-Verify to ensure that any person applying for certain public benefits is in the United States legally. The new law takes effect on October 1, 2009.

Full details of the new bill can be found on the Nebraska legislature web site.

The Governor’s press release discussing the law is always available online.

Nebraska is now the eleventh state to pass legislation requiring at least some employers to use E-Verify for new hires. State-specific E-Verify laws are detailed and complex. Employers can request a free E-Verify and Form I-9 HR Toolkit from the Tracker I-9™ website to help you to manage these new requirements.

Click Here for More Information About Tracker I-9™ Software.

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Click Here for the Latest E-Verify™ News & Tips.