1. Immigration Compliance and Avoiding Liability Presented by: Helen Parsonage, Esq. Elliot Pishko Morgan PA Winston-Salem, NC 27101

3. SSN Mismatches

4. E-Verify

6. Requires that all employers complete Employment Eligibility Form (I-9) for newly hired employees.

7. Designed to control the problem of illegal immigration

11. Certificate of Naturalization (item #3)

12. Reentry Permit (item #8)

15. Employer cannot request specific documentation, applicant must decide.

16. If new hire provides more documentation than required, new hire should select only the necessary documents – Employer Rep can assist.

17. Completing Form I-9

18. Section 1: Employee Information and Verification.

20. Employer should verify that all information is provided and correct.

21. Should be completed on the first date of employment.

22. Preparer/Translator field in Section 1.

23. Section 2: Employer Review and Verification.

25. Employer reviews documents and completes Section 2.

26. Must be completed w/in 3 business days.

27. Making copies of the documentation is optional.

28. Section 3: Updating and Reverification.

30. List B documents are never reverified.

31. Be sure to reverify employees on the new 2007 version of the Form I-9.

33. Missing I-9’s - complete one immediately and attach an explanatory note for your records.

34. Deficient I-9’s - immediately correct and initial/date any changes.

35. Termination of employees who cannot provide valid documents to avoid “knowing hire” or “knowing retention” violations.

38. Reduction in penalties for paperwork violations.

39. IMPORTANT NOTE Starting on APRIL 3, 2009 a new edition of the Form I-9 will be required. The chief significance of this new form is the requirement that all documents accepted for employment verification be unexpired. The new form is already available at www.uscis.gov and the old edition of the form will no longer be acceptable.

41. Letters are generated and send to employers if .5% of the workforce has a SS no match issue.

42. Can result from any number of factors.

44. Within 90 days the employee must take steps to resolve the issue.

45. Then the employer has 3 final days to complete a new I-9 (with a new SSN) if the issue was not resolved.

47. Improperly Documented Employees

49. Write in “receipt” in Section 2

50. Provide document within 90 days

51. Strike out “receipt” and write in number

56. Independent Contractors

58. Issue is one of control over conditions of work

59. Liability triggered by knowing use of undocumented independent contractors

60. Knowledge can be actual or constructive (willful or wanton disregard for truth) CAUTION!!!

62. Interviews

63. Personnel Policies

64. Minimizing Risk

65. Unlawful Discrimination 1) Discrimination on the basis of “citizenship status” (2) Discrimination on the basis of “national origin” (3) Document abuse Be careful to apply uniform I-9 procedures

67. Asylees

68. Refugees

69. Citizens

71. Country of parentage

73. Requiring additional documents

74. Rejecting valid documents

75. Rejecting valid EAD

76. Protects all work-authorized foreign nationals

78. Covers businesses with 4-14 employees

79. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice

80. Retaliation prohibited

82. Minimizing Contract Liability

84. At-will

86. 3 year approval period

87. No “benching”

88. Specific requirements for termination

90. Minimizing Risk

92. INA

93. Title VII

94. H-1B visa holders

96. http://www.usdoj.gov/crt/osc/index.html

98. Assistance with all compliance issues

99. Thank you Feel free to contact me at: 336-724 2828 [email_address] Or visit us on the web at http://www.epmlaw.com