• Immigration Enforcement: I-9 Compliance Handbook
 
 
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Immigration Enforcement: I-9 Compliance Handbook

Immigration Enforcement: I-9 Compliance Handbook

Offers easily understood, step-by-step procedures, sample forms and notices, and reference materials.


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Publisher :Matthew Bender
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    Since the 1980s, employers have been required to verify that new employees are entitled to work in the United States. Enforcement of the verification laws had been lax, however, until a trend in recent years that began to show large increases in "immigration raids" and other government enforcement activity to remove unauthorized noncitizens from U.S. workplaces.

    Verification enforcement exposes employers to serious criminal charges and heavy fines and penalties. At the same time, however, the statutes also impose liability on employers for discriminating on the basis of national origin or citizenship status. As with documentation violations, discrimination charges similarly can lead to fines, penalties, large awards of damages, litigation expense, unfavorable publicity, and other harmful effects on a business. It can be very difficult to avoid liability for documentation violations while at the same time avoiding liability under the discrimination provisions.

    Immigration Enforcement: I-9 Compliance Handbook offers guidance from Ann Allott, an attorney who has spent years practicing, writing, and speaking on just this problem. She offers easily understood, step-by-step procedures, sample forms and notices, and reference materials to point employers through this difficult area of immigration and employment law. Additional material is contributed by Daniel Kowalski, editor-in-chief of Bender's Immigration Bulletin, and by Edward F. "Ned" Frazier.


    Chapter 1 ABOUT THE FORM I-9
    1.01 Introduction to the Form I-9
    1.02 What has Changed
    1.03 When is the Employer Required to Complete the Form I-9?
    1.04 For Whom is the Employer Required to Complete the Form I-9?
    1.05 Definition of Independent Contractors
    Chapter 2 ACCEPTABLE DOCUMENTATION
    2.01 Filling out the I-9
    Chapter 3 A FORM I-9 COMPLIANCE SYSTEM
    3.01 The Importance of a System
    3.02 Key Personnel
    3.03 Before You Begin
    3.04 How to Complete the Form I-9
    3.05 Special Circumstances and the Form I-9
    3.06 How NOT to Ask for Documents
    3.07 Detecting Fraudulent Documents
    3.08 What If the Employee Does Not Have the Correct Documents?
    3.09 Section 3: Completed by Employer; Updating and Re-verifying
    3.10 Checklist for Preparation and Maintenance of the Form I-9
    3.11 Common Errors Committed in Preparing the Form I-9
    3.12 How to Change the Name of an Employee
    3.13 Note the Termination Date on the I-9
    3.14 Who is a National?
    3.15 Office of Public Engagements Hearing on the Form I-9
    Chapter 4 STORING AND MAINTAINING DOCUMENTS
    4.01 Requirement to Keep Documents
    4.02 Paper Retention of Forms I-9
    4.03 Electronic Storage of Documents
    4.04 Records Lost Because of Fire or Natural Disaster
    4.05 Who Has Access to the Form I-9?
    4.06 Questions to Ask When Considering Electronic Systems
    Chapter 5 SOCIAL SECURITY NUMBERS AND VERIFICATION SYSTEMS
    5.01 What is a Social Security Account Number?
    5.02 To Obtain a Social Security Number
    5.03 Helpful Information Concerning Social Security Cards
    5.04 Verification Systems
    5.05 What to Do When an Employer Discovers an Incorrect SSN?
    5.06 SSA Notice of Invalid Numbers
    5.07 Company Policy
    5.08 Other Social Security Matters
    5.09 Another Government Program: IMAGE
    Chapter 6 DISCRIMINATION AND THE FORM I-9
    6.01 Unfair Immigration-Related Employment Practices (Anti-discrimination Provisions)
    6.02 Avoiding Discrimination Complaints
    6.03 Recent Developments
    Chapter 7 ENFORCEMENT
    7.01 Introduction
    7.02 Criminal Prosecution
    7.03 Constructive Knowledge
    7.04 Sources
    7.05 Civil Procedure and Enforcement
    Chapter 8 THE COMPLIANCE PLAN
    8.01 Protecting Your Business
    8.02 Good Faith Compliance Under INA § 274A(e)(6)
    8.03 Common Errors Committed in Preparing the Form I-9
    8.04 Forms I-9 Requiring Maintenance
    8.05 What to Do If ICE Contacts You
    8.06 Instructions Concerning Which Employees May Talk to Federal Agents
    Chapter 9 STATE AND LOCAL LAWS
    9.01 State and Territorial Laws Concerning Employer Sanctions
    9.02 Local Laws Concerning Employment of Unauthorized Aliens
    9.03 Arizona Immigration Law
    Appendices
    Appendix A--Text of 8 U.S.C. § 1324b (INA § 274B)
    Appendix B--Text of 8 C.F.R. §§ 274a.1 to 274a.10
    Appendix C--Form I-9, with instructions and list of documents, in English
    Appendix D--Form I-9, with instructions and list of documents, in Spanish
    Appendix E--USCIS Handbook for Employers (M-274)
    Appendix F--Examples of Forms I-9 that have not been done correctly
    Appendix G--A Fact Sheet on storing I-9s electronically
    Appendix H--Sample documents the government may send to an employer
    Appendix I--An executive order requiring the use of E-Verify by federal contractors
    Appendix J--A set of Frequently Asked Questions explaining the executive order
    Appendix K--The regulation requiring federal contractors to use E-Verify, from the Federal Register
    Appendix L--An April 2010 set of Frequently Asked Questions on the regulation in
    Appendix M--The USCIS synopsis of a Westat report on E-Verify
    Appendix N--The Federal Register notice on the Compliance Tracking and Monitoring System for E-Verify
    Appendix O--A March 17, 2010, DHS press release on E-Verify improvements
    Appendix P--A March 18, 2010, DHS Fact Sheet on E-Verify improvements
    Appendix Q--A memorandum on sharing information between DHS's USCIS and the Department of Justice's Civil Rights Division
    Appendix R--The so-called "no-match" or "safe harbor" regulation
    Appendix S--Notice of the rescission of the no-match rule
    Appendix T--A letter from the Justice Department, dated March 3, 2010, on reacting to a no-match letter from local authorities
    Appendix U--The form for charging unfair immigration-related employment practices
    Appendix V--A Justice Department letter, dated February 3, 2010, on reacting to a Notice of Suspect Documents
    Appendix W--An ICE Worksite Enforcement Strategy memorandum, dated April 30, 2009
    Appendix X--A document titled "Form I-9 Inspection Overview," from ICE, dated November 19, 2009
    Appendix Y--A memorandum on possible errors on the I-9 from the enforcing agency
    Appendix Z--A memorandum on obtaining documents in an I-9 investigation
    Appendix AA--The USCIS explanation of the Three-Day Rule
    Appendix BB--A summary of a USCIS stakeholders' conference on the I-9
    Appendix CC--An ICE fact sheet celebrating record-breaking enforcement results in FY 2010
    Appendix DD--A sample settlement agreement with ICE

     

    Ann Allott


    Ann Allott practices immigration law in her own law firm established in 1976 in the Denver suburb of Centennial, Colorado, serving the Rocky Mountain region. She received her J.D. from the University of Colorado School of Law. She joined the American Immigration Lawyers Association (AILA) in 1977 and has participated in many phases of its activities. Ms. Allott's recently updated handbook, Employer Handbook on the Hiring of Authorized Workers, has been a useful tool for employers. She was the recipient of the AILA Colorado Chapter's Career Service Award for her contributions to immigration law and years of exemplary service to AILA. She was featured in 5280 Magazine as one of Denver's top lawyers and has been listed in Super Lawyers and Best Lawyers in America for many years. In 1998, she received the Mack Award for pro bono services concerning naturalization issues.

    Allott Immigration Law Firm
    2305 East Arapahoe Road, Suite 100,
    Centennial, CO 80122
    303-797-8055
    www.allott.com

    Daniel M. Kowalski


    Daniel M. Kowalski is an attorney in Austin, Texas, and has been practicing immigration law since 1985. He was a Fellow of the USC Annenberg Institute for Justice and Journalism's 2003-2004 Border Justice Fellowship, "Covering the Border: Issues from the U.S.-Mexico Borderland"; and was faculty for the 2006 Border Justice Fellowship, "Border Crossings: Policy, Practice and Politics". He is the Online Editor of Bender's Immigration Bulletin - Daily Edition, available at www.lexisnexis.com/community/immigration-law. For more information, see www.cenizo.com.

    Edward F. "Ned" Frazier


    Edward F. "Ned" Frazier has been a Human Resource manager for 35 years and has been involved with the Form I-9 since 1987. Contact him through ned@frazierintl.com.

     

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