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The NEW World of I-9 & E-Verify Compliance

The NEW World of I-9 & E-Verify Compliance

During the past few months, employers across the US have witnessed a significant change in both Form I-9 and E-Verify enforcement, due in large part to the continuing debate on immigration and border security. Following the 2017 signing of President Trump’s “Buy American and Hire American” Executive Order, federal and state agencies across the US have implemented new policies and initiatives which drastically impact employers’ Form I-9 and E-Verify processes this year and beyond.

The most significant changes involve an estimated 400% increase in worksite audits (which begin with a Form I-9 inspection), a tougher stance – and steeper penalties – on employers who flagrantly violate the law, and various initiatives relating to the E-Verify system and the protection of US workers.

For HR and compliance managers, this is not particularly welcome news. The Form I-9 is already known to be the most perplexing employment form in America, with an intricate array of rules, competing objectives, and unforgiving timelines. Under the Trump Administration’s new initiatives, employers should expect even greater scrutiny of Form I-9 records and policies from Immigration and Customs Enforcement (ICE) as well as increasing accountability for HR managers and compliance officers. The recent headline – involving the crackdown of nearly one hundred 7-11 stores across the country – serves as a stark reminder: employers cannot remain willfully blind to I-9 compliance and immigration problems.

Is your organization prepared to handle the 2018 ICE storm? The time is now for employers to assess their hiring policies and procedures to ensure compliance with rapidly changing enforcement directives. Topics for discussion will include:

  • Industries targeted by ICE and recent worksite enforcement actions
  • The new Form I-9 “penalty matrix” for paperwork violations
  • I-9 self-audit strategies in preparation for the storm
  • Identifying E-Verify problems which could lead to an audit
  • Discrimination investigations for unfair I-9 practices
  • Coping with state laws affecting I-9 and E-Verify procedures
John Fay

V.P, General Counsel, LawLogix, a division of Hyland

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