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

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

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?

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.

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

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.

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.

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.

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-688A) 6.Unexp. Employ. Auth. Doc. (I- 688B), (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 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, ORThree (3) years from date of commencement of employment, OR One (1) year from the day employment endsOne (1) year from the day employment ends WHICHEVER IS LATER!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 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.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.

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

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

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.

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

What are the Consequences? Unauthorized workers/potential deportationUnauthorized workers/potential deportation Employer fines/civil or criminal penaltiesEmployer fines/civil or criminal penalties Penalties for improper completion/retention - $110-$1,100 for each error or omission.Penalties for improper completion/retention - $110-$1,100 for each error or omission. Penalties for violating IRCA: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)“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 Direct questions to: INS Office, Attention: Employer & Labor Relations Officer 7880 Biscayne Blvd. Miami, FL Office of Special Counsel for Immigration Related Unfair Employment PracticesOffice of Special Counsel for Immigration Related Unfair Employment Practices 1-(800) in Washington, D.C.

Programs Processes Partnerships REMEMBER: HiringHiring employees without verification is a violation of employer sanctions law. ThisThis law requires employees employees hired after 11/6/86 to provide documents establishing ID and employment eligibility, and employers to record information on the I-9. EmployersEmployers 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