Fakhoury Law Group, P.C.Fakhoury Law Group, P.C.Attorneys and Counselors

A Global Business-Based Immigration Provider

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STAY OUT OF JAIL: IMMIGRATION COMPLIANCE

ISSUES FOR EMPLOYERS

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IMMIGRATION REFORM

AND

CONTROL ACT OF 1986 (IRCA)

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I-9 Compliance

Immigration Reform and

Control Act of 1986 (IRCA)

• Unlawful to knowingly hire or employ unauthorized aliens;• Employers must verify identify and employment eligibility of all

employees;• Employers will be sanctioned for unlawful hiring and paperwork

requirements (civil and criminal penalties);• Employers are prohibited to discriminate based on national origin or

citizenship status (prohibit practices, take corrective steps, order to pay civil penalty).

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I-9 COMPLIANCE

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I-9 Compliance

• Employment verification

• I-9 Form

• I-9 Retention

• Reverification Process

• Special Circumstances

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SOCIAL SECURITY MISMATCH (“NO-MATCH”) LETTERS

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Social Security Mismatch (“No-Match”) Letters

EMPLOYER ACTIONS

» Compare no-match SSN to records. If SSN matches records, ask employee to check their SSN card. If no-match SSN matches records and SSN card, have employee contact SSA to resolve within set time period per company policy.

» If employee admits to unauthorized status, employer should terminate employee.

» If employee produces corrected data, e.g., documentation of name change, employer may wish to reverify through SSA’s SSN Verification System (SSNVS) – www.socialsecurity.gov/bso/bsowelcome.htm, which requires employer registration. NOTE: SSNVS does not confirm whether an employee has valid authorization to work.

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Social Security Mismatch (“No-Match”) Letters

EMPLOYER ACTIONS (continued)

» If employee admits to unauthorized status at time of hire but now produces current work authorization, employer not required by immigration law to terminate but should follow any company policy regarding making false statements.

» If unable to resolve, document file with efforts to resolve and keep documentation in your file for 4 years.

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E-VERIFY

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E-Verify

• Employer submits information provided on I-9.• System queries databases of SSA and DHS.• System returns 1 of 3 results:

1) Employment authorized;

2) SSA Tentative Non-Confirmation – information mismatch with SSA;

3) Or DHS Verification in Process – DHS will respond within 24 hours with either “Employment Authorized” or “DHS Tentative Non-Confirmation.”

• Employee may or may not contest Tentative Non-Confirmation with either SSA or DHS, may remain working while contesting.

• Employer will receive 1 of 3 results: 1) Employment authorized;

2) Final non-confirmation;

3) Review and update employee data then resubmit and will resolve case in E-Verify.

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BEST PRACTICES

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Best Practices

• Establish standard written corporate compliance immigration policy;• Designate a compliance officer;• Integrate the compliance policy with overall personnel policy,

materials and applications;• Train hiring managers on I-9 procedures; • Conduct an I-9 audit; • Establish a policy for handling Social Security Administration (SSA)

no-match letters; • Establish a policy through which the company determines whether it

will sponsor employees for lawful permanent residence and who bears the immigration-related costs (when legally permitted);

• Establish a global immigration plan. For transfers, determine which costs the company will pay, to include, tax and estate planning advice;

• Review “Best Practices” established by ICE and their IMAGE program. See discussion below.

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ICE I-9 AUDITS

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ICE I-9 Audits

• Employer given three days notice;

• ICE issues “Notice of Intent to Fine;”

• Employer has right to a hearing;

• ICE commences the hearing procedure by filing a complaint with the Office of Chief Administrative Hearing Officer.

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U. S. IMMIGRATION AND CUSTOMS ENFORCEMENT

(ICE) RAIDS

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U. S. Immigration and Customs Enforcement (ICE) Raids

– ICE News Releases• 9/5 - “Houston-area donut company, its president and 3

managers plead guilty to immigration violations;”• 9/3 – “23 illegal alien workers for The Sun Valley Group

arrested in ICE operation;”• 8/26 – “595 arrested in ICE and Department of Justice join

immigration enforcement action initiated at Mississippi transformer manufacturing facility.”

– General Process– Employer Actions During and After a Raid– How an Employer Prepares for a Raid

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RESOURCES

QUESTIONS