1. Unwrapping the I-9 Process and DHS Programs January 24, 2012

2. LEARNING OBJECTIVES Unwrapping the I-9 Process and DHS Programs

3. My Learning Objectives Requirements of Form I-9 Goals of Department of Homeland Security Programs of DHS

4. Your Learning Objectives Please provide your information in the questions panel – Your learning objective – Your familiarity with Form I-9 and DHS programs – Your role within your organization

5. Kari Rosand Scanlon, PHR Client-focused HR Consultant – Focus on customized HR solutions for small & mid-size organizations – Focus on HR & industry specific best practices – Focus on compliance matters

6. AGENDA Unwrapping the I-9 Process and DHS Programs

7. Agenda Part One - DHS Strategic Focus Inspections Programs – E-Verify System – IMAGE Program – Self Check Service SSA Social Security Number Verification Service Part Two – Form I-9 Requirements Documentation Recordkeeping Internal Audits Best Practices

8. FORM I-9 Unwrapping the I-9 Process and DHS Programs

9. SECTION ONE Unwrapping the I-9 Process and DHS Programs

10. Form I-9: Section One

11. Employee provides: – Full legal name, including maiden name – Current physical address (no PO Boxes) – Date of Birth – Social Security Number (not required) – “Citizenship” status, including applicable number – Signature – Date

12. Form I-9: Section One Preparer and/or Translator Certification Spanish Version – http://www.uscis.gov/files/form/i-9_spanish.pdf http://www.uscis.gov/files/form/i-9_spanish.pdf

13. Question: When must Section One be completed? A.Contingent with the offer B.After his offer but before his start date C.His start date D.Within 3 business days of his start date

14. Question: When must Section One be completed? A.Contingent with the offer B.After his offer but before his start date C.His start date D.Within 3 business days of his start date

15. SECTION TWO Unwrapping the I-9 Process and DHS Programs

16. Form I-9: Section Two

17. Employee provides: – Original and unexpired documents from List A or from List B and List C

18. Form I-9: Section Two Employer responsibilities: – Physically examine documents and confirm documents are acceptable – Record document title, issuing authority, number and expiration date – Record employee’s start date – Provide name and title of employer – Provide business name and address – Signature – Date

19. Question: When must Section Two be completed? A.Contingent with the offer B.After his offer but before his start date C.His start date D.Within 3 business days of his start date

20. Question: When must Section Two be completed? A.Contingent with the offer B.After his offer but before his start date C.His start date D.Within 3 business days of his start date

21. SECTION THREE Unwrapping the I-9 Process and DHS Programs

22. Form I-9: Section Three

23. Includes: – Employment authorization (Section One date) or documentation (Section Two date) has expired – Rehire within 3 years of original Form I-9 – Name change (optional) Excludes: – United States citizens – Lawful permanent residents (Form I-551) – List B documents

24. Form I-9: Section Three Employer responsibilities for expired information: – Physically examine documents and confirm documents are acceptable – Record document title, issuing authority, number and expiration date – Signature – Date

25. Form I-9: Section Three Employer responsibilities for re-hired employees: – If authorized to work, record new start date – If not authorized to work, follow expired information process and record new start date – Signature – Date

26. DOCUMENTATION Unwrapping the I-9 Process and DHS Programs

27. Form I-9: Documentation List A: Identity and Eligibility List B: Identity List C: Eligibility “reasonably appear to be genuine and to relate to the person presenting them”

28. Form I-9: Documentation List C: Social Security Card – Okay: Laminated card unless marked “Not valid if laminated” – Not Okay: Card marked “Not valid for employment” “Valid for work only with INS authorization” “Valid for work only with DHS authorization”

29. Receipts Employee has applied to replace a lost, stolen or damaged document Valid for 90 days Employer writes “receipt,” document information, and expiration date Employer crosses out old information, records new information, initials and dates change

30. Form I-9: Documentation Not reasonable or related Reject Multiple last names Request reason Document Last names spelled differently Request reason Update Form

31. Form I-9: Documentation Different names Request reason Document Multiple last names Request reason Document No documents Terminate

32. RECORDKEEPING Unwrapping the I-9 Process and DHS Programs

33. Form I-9: Recordkeeping Step One Employee accepts job offer Step Two Employee completes Section One no later than start date Step Three Employer completes Section Two no later than third business day after start date

34. Form I-9: Recordkeeping Copies of documents are optional Maintain Form I-9 separate from employee file

35. Question: True or False: Form I-9 is valid based on the expiration date published by OMB. A.True B.False

36. Question: True or False: Form I-9 is valid based on the expiration date published by OMB. A.True B.False Form I-9 is valid based on the revision date. – Rev. 08/07/09 Y – Rev. 02/02/09 N http://www.uscis.gov/files/form/i-9.pdf

37. Form I-9: Recordkeeping An employer must retain the Form I-9 for each employee either for three (3) years after the date of hire or for one (1) year after employment is terminated, whichever is later.

38. Form I-9: Recordkeeping 1. Date the employee began work for pay1. ______ A. Add three years to the date on line 1. A. ____ 2. The date employment was terminated2. ______ B. Add one year to the date on line 2. B. ___ 3. Which date is later; A or B?3. ______ C. Enter the later date. C. ____

39. INTERNAL AUDITS Unwrapping the I-9 Process and DHS Programs

40. Form I-9: Internal Audits Employee corrects Section One Employer corrects Section Two and Section Three

41. Form I-9: Internal Audits Basic Correction 1.Draw a line through incorrect information 2.Enter correct information 3.Initial correction 4.Date correction 5.Document if applicable 6.Note date of internal audit in business records

42. Form I-9: Internal Audits Advanced Correction 1.Complete Section Two or Section Three on new Form I-9 2.Attach to original Form I-9

43. DEPARTMENT OF HOMELAND SECURITY Unwrapping the I-9 Process and DHS Programs

44. STRATEGIC PLANS Unwrapping the I-9 Process and DHS Programs

45. DHS Worksite Enforcement Program of the U.S. Immigration and Customs Enforcement (ICE) – Focus is criminal prosecution of employers who knowingly hire illegal workers – FY2008 included 1,100 criminal arrests, including 135 owners, managers, supervisors or HR employees

46. INSPECTIONS Unwrapping the I-9 Process and DHS Programs

47. Inspections Inspectors – Department of Homeland Security – Department of Justice – Department of Labor

48. Inspections Process – At least 3-day notice – In person, inspector selects location – US certified mail, return receipt request Requirements – Provide Forms I-9 and other documents – Provide hardware and software for electronic files – Provide summaries

49. E-VERIFY Unwrapping the I-9 Process and DHS Programs

50. E-Verify Employers electronically verify employment status through DHS & SSA online system – Allows employers to verify employees are authorized to work in the United States – Provides extensive resources – Is free of charge http://www.dhs.gov/e-verify

51. E-Verify Additional Form I-9 Requirements: – Social Security number must be provided – List B documents must contain a photo Status Options: – Employment Authorized – 98.3% FY10 – Tentative Nonconfirmation – 1.7% FY10 – Final Nonconfirmation – 1.43% FY10

52. SELF CHECK Unwrapping the I-9 Process and DHS Programs

53. Shelf Check Individuals electronically verify employment status through DHS & SSA online system – Enter ID Data – Take a Quiz – Enter Document Data – Get Results

54. Shelf Check Arizona California Colorado District of Columbia Idaho Louisiana Maine Maryland Massachusetts Minnesota Mississippi Missouri Nebraska Nevada New Jersey New York Ohio South Carolina Texas Utah Virginia Washington

55. IMAGE Unwrapping the I-9 Process and DHS Programs

56. IMAGE ICE Mutual Agreement between Government and Employers http://www.ice.gov/image/ http://www.ice.gov/image/videos.htm http://www.ice.gov/exec/forms/image- forum/forum.asp http://www.ice.gov/exec/forms/image- forum/forum.asp

57. IMAGE Employers: – Implement 12 hiring “best practices,” E-Verify – Submit to Form I-9 inspection ICE: – Waive fines if less than 50%, mitigate if more – Wait at least 2 years for next inspection – Provide information and training

58. SOCIAL SECURITY NUMBER VERIFICATION SERVICE Unwrapping the I-9 Process and DHS Programs

59. Verification Service Verify Social Security numbers match Social Security records for Form W-2 purposes only Telephone Number Employer Verification http://www.ssa.gov/employer/ssnvspamphlet.htm http://www.socialsecurity.gov/employer/documents /TNEV.pdf http://www.socialsecurity.gov/employer/documents /TNEV.pdf

60. SUMMARY Unwrapping the I-9 Process and DHS Programs

61. My Learning Objectives Requirements of Form I-9 Goals of Department of Homeland Security Programs of DHS

62. For More Information http://www.uscis.gov/portal/site/uscis/menui tem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?v gnextoid=413628ac1dc0c210VgnVCM1000000 82ca60aRCRD&vgnextchannel=413628ac1dc0 c210VgnVCM100000082ca60aRCRD http://www.uscis.gov/portal/site/uscis/menui tem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?v gnextoid=413628ac1dc0c210VgnVCM1000000 82ca60aRCRD&vgnextchannel=413628ac1dc0 c210VgnVCM100000082ca60aRCRD

63. Upcoming HR.com Webcasts Staying in Compliance with FMLA Regulations: An Advanced Perspective Wednesday, February 29, at 3:00 EST / 2:00 CST Learning Paths Thursday, April 5, at 3:00 EST / 2:00 CST

64. © Spotlight HR Solutions Presented by: Kari Rosand Scanlon, PHR Principal Consultant Spotlight HR Solutions kari@spotlighthrsolutions.com 612-209-5718 http://www.linkedin.com/in/kariscanlon kari@spotlighthrsolutions.com http://www.linkedin.com/in/kariscanlon