How to Complete Form I-9: A Survivor’s Guide
Monday February 17, 2020
(Workshop 1) 9:00 a.m. – 12:00 p.m.
(Workshop 2) 1:30 p.m. – 4:30 p.m.
PHCC Office, 10103 Broadway, San Antonio, Texas 78217
What You Will Learn:
- How to complete the NEW Form I9 correctly to avoid potential fines
- Determine your level of risk for an ICE (Immigration and Customs Enforcement) audit
- Why E-verify WILL NOT protect you from penalties
PHCC and ASA Members: $45.00 per person
Non-members: $75.00 per person
PHCC MEMBERS ONLY:
Online at www.phcc-sanantonio.org
Visit (or copy link) https://www.asklindahr.me/upcomingevents or send an e-mail to firstname.lastname@example.org
Invoices for payment will be sent after registration (online payments accepted with invoice; payment via check is also acceptable on the day of the seminar). Please make checks out to Ask Linda HR Consulting Services
- RSVPs received after February 14, 2020 may not be guaranteed a seat
- Seating is limited (no refunds)
- If you register for the morning workshop but are unable to attend, please call Linda at 210-846-4900 to check seating availability for the afternoon workshop
Linda Drassen, BSM, MM/HRM, SHRM-CP, PHR, OSHA-10 Hour Certified, and a Personal Human Resources Consulting Sherpa at www.asklindahr.me
Who Should Attend?
- Business owners, human resource representatives, accounting representatives, anyone who is responsible for hiring and/or completing new hire paperwork
- If you see that your I9 forms are missing information OR have blank spaces
5 Top Reasons You Should Attend:
- Each form (including your terminated employee forms) can be fined up to $2,292.00 EACH
- E-verify will NOT help you avoid forms
- If fined by ICE (Immigration and Customs Enforcement), you may lose your ability to work on federal or state-funded projects for at least a year
- It does NOT matter if your entire staff is legal to work in the United States; you can still be fined on the mistakes made on the forms
- Do you really want to pay the government money for something as silly as a blank “Apartment Number” on your forms?
Please join me on November 22, 2016 for the NEW Form I-9 training.
WHERE: Memco, 10876 Hillpoint Drive, San Antonio, TX 78217
WHEN: November 22, 2016 from 8:00 am – 11:00 a.m.
$45.00 per person at the door OR $180.00 per person for the entire HR Training Series.
You may also pay at Paypal.com (email@example.com).
Seating is INCREDIBLY LIMITED so please RSVP by November 21, 2016. Because of the limited space, NO REFUNDS WILL BE GIVEN.
**Although the topics are subject to change, the HR Training Series will include important topis such as FLSA (Wage & Hour Compliance), Federal Contract Compliance, Winning Unemployment Claims, Safety Audits, and FMLA
The following article is a prime example of why I am an insomniac…!
I wake up at night and worry about every person who states, “we are good on our I-9s..” or, “…we conducted an internal audit and made our corrections so we are good…” This is more than a sales pitch designed to frighten people into spending useless dollars on the thing that may or may not lurk under our proverbial beds. This is real – and it is terrifying the level of reach that ICE has when it comes to businesses.
Know that AskLinda HR Consulting Services has a way to help mitigate the risk your company faces. The solution is much less expensive than any fine potential you may be facing from ICE.
So, my loyal blog readers, if this article causes you to wake up in the middle of the night, make sure you drop me a line or two and see how I can help. Chances are good I will be up, hoping the seriousness of the situation has created an urgency to get third-party help. At least knowing that we are here might let you get back to sleep.
By the way – note that the company below used E-verify and they were NOT a construction company…
Immigration Violations Cost Resort Chain $2.5M – What Is Your Compliance Exposure? by Dawn M. Lurie
September 23, 2014
This case is a stunning example of the importance of immigration related monitoring, compliance and oversight by the C-suite, as well as the exposure and cost to companies that do not prioritize such compliance and dedicate the necessary time, resources and funds.
The Sinclair Services Company owns and operates a number of high-end hotel and resort properties in Utah, Wyoming, Arizona, California, and Idaho under the Grand America Hotels and Resorts label. Through cooperation and lengthy negotiations, the company entered into an agreement with the US Attorney’s Office and ICE’s Homeland Security Investigations (HSI) forfeiting $1,950,000 to the Department of Homeland Security.
The case reveals interesting facts about the need for company compliance and oversight. It also highlights the lengths some will go to in an effort to keep an existing workforce intact, even one filled with unlawful workers.
- September 2010: HSI issues a Notice of Inspection (NOI) initiating an administrative audit of the company’s Form I-9s. At this time Grand America was an E-Verify participant.
- After completing the audit, ICE issues a Notice of Suspect Documents determining that 133 undocumented individuals were working for Grand America without proper work authorization.
- September 2011: ICE closes out the case by issuing a “Warning Notice” to Grand America, and the hotel chain terminates the individuals in question.
- Subsequent 12 months: ICE discovers employees of Grand America had created three temporary staffing agencies in order to rehire a portion of the population of the employees previously deemed unauthorized. Forty three of the same employees are rehired through these temporary staffing agencies, mostly under different names and/or Social Security numbers using fraudulent identity documents.
- September 2012: Search warrants are executed against Grand America.
- September 2014: Case settles with $1.95 million forfeiture and compliance program instituted.
Exposure and Liability
According to Kumar Kibble, the special agent in charge (SAC) of HSI in Denver, the office which oversees Utah’s ICE investigations, “[a]ll industries, regardless of size, location and type are expected to comply with the law. As this significant settlement demonstrates, there are real consequences for businesses that employ an illegal workforce.”
In exchange for the cooperation of the company, the US Attorney agreed to forgo criminal charges against Grand America or its executives. The company’s cooperation in providing the government with all related evidence obtained through its own internal investigation was likely used by their attorneys to assist in securing the agreement and keeping high level executives and others shielded from personal liability. Not surprisingly, the individuals involved in the scheme have been fired, and it is expected they will be prosecuted to the fullest extent of the law and held personally liable.
According to the Department of Justice, the agreement also requires the company to take substantial remedial measures and estimates the cost of implementing such measures at $500,000. Specifically the settlement agreement referenced the company committing to an “extensive review, regarding its hiring procedures and workforce at all of its properties and re-trained all of its hiring managers regarding immigration laws and the company’s immigration policies”. Among the remedial measures are:
- Mandating new immigration policies
- Incorporating immigration law compliance clauses into labor service contracts
- Re-training of human resources employees on Form I-9 procedures
- Agreeing to continue to use the E-Verify employment eligibility verification website
- Hiring immigration and corporate counsel to advise on these issues.
What should employers take away from this?
Employers, take note: the frequency of ICE investigations is expected to increase as FY 2015 begins and immigration reform remains on the back burner in Washington. Alleged compliance failures (including those discovered during routine Form I-9 inspections) will be tracked and acted upon. Tips and leads will continue to be the main manner in which an investigation is initiated, including scenarios involving whistleblowers. Companies who were previously audited are now likely to be re-audited. Interestingly while re-audits have been a standard part of ICE’s protocols, they are utilized with varying frequency by different ICE offices across the country.
Another likely implication of this case will be some sort of internal review at ICE/HSI to ensure auditors and agents apply higher scrutiny where large numbers of unlawful workers are involved, prior to issuing Warning Notices. Companies should not be lulled into a false sense of security when they are successful in challenging ICE/HSI or when they receive a low fine or a Warning as a result of an investigation. Instead, companies should see it as an opportunity to determine the need for a full house clean-up of their immigration program. When compliance is not taken as seriously as it should be, a $2 million dollar payment ends up being the wakeup call.
Key components to any immigration compliance program include:
- Dedicated resources and commitment to promoting a true culture of compliance
- Written hiring and employment eligibility verification policies that ensure consistent recruitment and employment
- Internal compliance and training programs related to verification processes, to include completion of the Form I-9, how to detect fraudulent use of documents in the verification process, and how to use E-Verify as a best practice or where required—either due to state and local mandates or by virtue of the Government contractor Federal Acquisition Regulation (FAR)
- Internal audits to minimize liability when conducted in conjunction with guidance from experienced counsel