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form I-9


SPEAKERS

Sarah Hawk

Sarah J. Hawk

Partner
Immigration and Global Mobility Chair



SPEAKERS

Sarah Hawk

Sarah J. Hawk

Partner
Immigration and Global Mobility Chair

Since 1986, federal law has prohibited employers from knowingly hiring or employing unauthorized workers and required employers to verify employees work authorization status and identity through the I-9 process.

The federal government also introduced the E-Verify process, an electronic work authorization verification process, in 1997. While at first glance the I-9 and E-Verify appear uncomplicated, most employers know that navigating these processes is far from easy. Worse, simple mistakes completing the Form I-9 or using E-Verify can have costly consequences. For example, the government increased the fines to $252 to $2,507 for each first-time substantive I-9 error. That means the proposed fine for an employer with 500 I-9s with substantive errors would likely be between $126,000 and $1.2 million, depending on the size of the employer and other factors. More importantly, significant I-9 violations can lead to criminal investigations and charges against organizations and individuals.

In short, the stakes are high! Nevertheless, employers often seem to overlook the I-9 and immigration compliance, leaving their human resource teams and managers untrained and without the tools necessary to manage this significant risk.

Don’t worry …with this two-part webinar, we’ve got you covered. This I-9, E-Verify and Immigration Compliance Program will allow you educate your entire team and provide them with the practical tools they need to address this issue. We deliver this training and materials in the following two-part series of webinars.

Part One – Back to Basics
Wednesday, October 4, 2023

This two-hour presentation and additional Q&A session will provide a refresher on Form I-9 best practices and practical implications of using a remote document verification process, electronic I-9 systems and E-Verify.

We will cover how to implement the new I-9 Form: How to complete Section 1 and Section 2 correctly, examples of acceptable identity and work authorization documents, when to re-verify expiring work authorization, retention rules and how to correct durable defects, examples of technical and substantive violations.

  • Looking backwards: All employers who leveraged virtual document examination under the temporary policy to complete Forms I-9 are required to conduct a second review of documents in order to reach compliance by August 30, 2023. (Employers who have not met the deadline should still continue to update affected Forms completed under COVID-19 flexibilities.)
  • Looking forward: Certain employers who use E-Verify and are in good standing may also take advantage of the Alternative Verification review procedure to complete Forms I-9
  • Factors to consider when choosing to use the Alternative Verification procedure and the practical implications
  • Going paperless or not: What an employer should consider for choosing electronic I-9 systems which integrate E-Verify and meeting compliance under the federal regulations of an electronic system

Part Two – Nuanced Issues of I-9 and Preparing for ICE and Notice of Inspection/Investigations
Wednesday, October 11, 2023

This two-hour presentation and additional Q&A session will provide guidance for nuanced I-9 issues; advice on how to respond to no-match letters; discuss the importance of self-audits, how to create a I-9 Compliance Policy and undertake a self-audit; and guidance for immigration audits and raids.

  • Employment visas and student employees: Reviewing delicate I-9 scenarios
  • No-match letters employer obligations and best practices: We will discuss how to respond to a no-match latter to include best practices and constructive knowledge issues
  • I-9 self audit checklist and best practices: We will discuss how to formalize a written I-9 Compliance Policy, will review how to make corrections on an I-9, and provide examples of common technical and substantive violations
  • Audit and raid response plan: We will review the inspection process to include the “Notice of Inspection,” and provide guidance on preparing for and responding to an immigration inspection or raid

Fees to attend

$500 for single registrant, $1,500 for an organization registering up to five employees for both sessions. Invoices will be sent following first event.

2.0 hours CLE credit and 2.0 hours HRCI credit pending per session. This program is valid for 2.0 PDCs for the SHRM-CP® or SHRM-SCP® per session.

Questions? Email Cassidy Drabek or call 317-261-7942.

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