www.williamsmullen.com 1 webinar may 4, 2009 12 pm. edt. the “nuts and bolts” of electronic i-9s...

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WEBINAR May 4, 2009 12 pm. EDT. The “Nuts and Bolts” of Electronic I-9s

Brian Taylor, LawLogix (Guardian Systems)[email protected] 602.295.6211

Eliot Norman, Team LeaderWorksite Enforcement and Corporate Immigration Compliance Team Williams Mullen [email protected] updates:http://tinyurl.com/immupdateswww.williamsmullen.com/immigration


Today’s Agenda Moving to Electronic I-9 Forms & Signatures

Learn how the electronic system can work and see an actual demonstration online of an electronic I-9 system

Evaluate the pros and cons of the automated 1-9 approach Learn how to stop filling in the forms by hand and eliminate mistakes, when moving

from Section 1 to Section 2 and completing Section 2 Find out how going electronic on the I-9s gets your company ready for E-Verify (now

postponed until June 30, 2009) Discuss what the government requires if you want to scan your existing paper I-9

forms and shred the paper Reduce Risks of Civil Penalties and Fines

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Corporate Immigration Compliance Risks


Civil Penalties Against Employers for Immigration Violations

Compliance Risks: What’s at Stake

Substantive Violations: Range from $375 to $3200 for First Offense:

Paperwork Violations: Range from $110 to $1100 for each I-9 Form

Substantive fines: assessed per unauthorized employee

Risk Factors: 50 to 1000 hires per year; 500 to 15,000 I-9 records

Section 1 of the I-9 is then used to register on E-Verify

E-Verify fines for continuing to employ worker whose paperwork does not match DHS and SSAdministration records: $500 to $1000: $500 for failing to timely notify employee of non-conformance based upon information initially filled in on Section 1 of the I-9

As Federal Contractors: Penalties include debarment

Costs of responding to Audit, Administrative Subpoena

VALUE OF DESK AUDIT OF SAMPLE OF 25 FORMS: determine scope of problems in advance of government inspections, audits


President Obama on Worksite Enforcement

Typical Press Conference on April 29th

“What has Surprised, Troubled, Enchanted, and Humbled you?

Then got asked the Immigration question.

His answer in part: “We can't continue with a broken immigration

system. It's not good for anybody. It's not good for American workers. [We need to be] “taking seriously the violation of companies. That’s again something we can start doing administratively.”


New Assistant Secretary at DHS

From Senate Confirmation Hearings on April 23rd: John Morton, New Director of ICE and former federal prosecutor:

Q. “What is your view of the worksite enforcement operations conducted by ICE?”

A. “ WE NEED TO PLACE RENEWED FOCUS ON EMPLOYERS TO ENSURE THAT THEY ARE PLAYING BY THE RULES…THIS FOCUS SHOLD INCLUDE MORE ROUTINE USE OF CIVIL SANCTIONS…AND WE SHOULD CONTINUE TO DEVELOP PROGRAMS SUCH AS E-VERIFY TO ENCOURAGE COMPLIANCE.”

Mentioned good old days of $25 million annually in civil fines. Time to bring em back.


LAST MONTH’S MINI-WEBINAR: The Nuts and Bolts of Filling in the NEW I-9 Form (effective April 3, 2009)

Link to audio and slides for your HR Managers or others who Missed It. http://www.williamsmullen.com/filling-in-the-new-i-9-03-23-2009/


The New I-9 Form and List of Acceptable Documents


NEW LIST OFACCEPTABLEDOCUMENTS

EMPHASIS: “ALL DOCUMENTS MUST BE UNEXPIRED”

and

Be more careful inAccepting List A Documents that show Identity and WorkEligibility


NEW I-9 FORM Effective April 3, 2009

Section 1: Employee fills in but Employer Pays Fine if its not Correct or Complete: Data Used For E-Verify

Translator/Preparer Certificate

Section 2: HR: Fills in Info From Originals of List A OR List B and C Documents

HR Certification: “UNDER PENALTY OF PERJURY”

Section 3: HR Re-VerifiesWork Authorization, again under “penalty of perjury”


Focus of New I-9: Section 1


New I-9 Form Conclusion1. Sample, Scorecard, Train, Certify, Self-Audit: and then go

back 6 months later and do it again.

2. When Box 4 (temporary employment eligibility) is checked in the new Section 1, “Stop, Look, and Listen”

3. Get the List of Available Documents out as early as possible in the application process: New and old U.S. Citizens in particular are going to have problems with the new I-9

4. Go to electronic I-9s: internal check against filling in Section 1 incompletely and proceeding to Section 2; and making sure Section 2 squares with info on Section 1

5. Scan existing I-9s and documents presented and shred the paper ones

6. Purge your I-9 data using the 3yr/1yr rule


All of Which Led to Today’s WebinarDesired Features: I-9 Electronic System

Easy on-web access by new hires when offer is accepted

Electronic signatures

Must do more than just substitute an electronic form for a paper one

Must have controls so that HR cannot fill in Section 2 until Section 1 properly completed by employee

HR cannot sign off on Section 2 if data incorrect

Wish list: HR can review electronically I-9 forms for trends, problems in real time

Some sort of “monitoring” feature.

Need for Date Tracking Systems; Controls; Reports

Scanning of existing records should meet federal standards, integrate into new I-9 System?

Costs v. Benefits?


Introduction to LawLogix


“Best Practices” and “Safe Harbors”


14 E-Verify States in Red


Questions and Upcoming Events? Questions and Upcoming Events?

Eliot Norman, Immigration and

Worksite Enforcement Team804-783-6482 [email protected]

For updates: http://tinyurl.com/immupdates

www.williamsmullen.com/immigration