A Comprehensive Guide to ICE I-9 Audits: What Employers Need to Know and Do
With the Immigration and Customs Enforcement’s (ICE) heightened I-9 audit in the past months, more businesses are being penalized for their non-compliance with the existing laws. Failure to realize the importance of I-9 compliance incurs criminal fines and administrative worksite-related arrest which could cripple and hamper business operations. To avoid these penalties, employers must proactively assess their pre-existing I-9 forms and be abreast of the recent developments in Form I-9.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they delve into an in-depth analysis of the ICE I-9 audits. Speakers will present best compliance practices to avoid potential risks and pitfalls.
Key topics include:
- ICE I-9 Audits: An Overview
- Notable Provisions and Rulings
- Risk Issues and Challenges
- Best Compliance Practices
- Regulatory Outlook for 2019
Alston & Bird LLP
This presentation will not be purely linear. Today we plan to provide the nuts and bolts, “What Employers Need to Know and Do,” but since you will have the benefit of hearing from three experts, each with different experiences/clients, we will each also flesh out the nuts and bolts with our practical knowledge.
Employers Need to Know:
Quick Overview: not just a form - why it is bigger than just “a form”
What Employers Need to Know to expect for an actual ICE I-9 audit- the life of an ICE audit
- Overview: IRCA: Form -9, ICE, unauthorized workers/knowledge/paperwork; DOJ, discrimination (interview- term). Related layers of which to be aware: E-verify, EB M&C, state law, Electronic systems, FAR, ATS, PEO, M&A, agency, policies, training, communication, scripts
- ICE I-9 Audit – What an Employer Needs to know and Do During an ICE I-9 Audits: wwwwh- The life of an ICE audit
- ICE- POST NOI ICE follow-up action
- Notice of Technical or Procedural Failures
- Notice the Suspect Documents.
- Notice of Discrepancies
- Issues: Receipt of any of these Notices can also ultimately result in the immediate loss of employees. The company's responsiveness and actions to each are factored into ICE’s final decision-making.
- ICE/HIS -Compliance Letter, Warning Notice, Notice of Intent to Fine
- ICE-Complaint with OCAHO
ALERT to other issues: target, crim, obstruction justice, union, white collar counsel
Meltzer Hellrung LLC
- Pre government action -What Employers Need to Know and to Do for an ICE I-9 Audits
- As an employer, pre-government action, what can an employer do?
- Self-audits- how to best do one, avoid discrim
- What to do, but not above and beyond because it is a balance
Pearl Law Group
- Pre government action: What Employers Need to Know and to Do for an ICE I-9 Audits
- How to decrease your company’s liability by 90% in a few hours of your time:
- New ways to automate the audit AND fixes (“remediation”) of existing I-9s in 1/10ththe time of manual audits
- Getting to the safe (no-fine) zone, even if I-9 and E-Verify perfection is not realistic
- Tiered fine system—lower tier
- Can be fixed/cannot be fixed
- Dealing with missed E-Verifications: Aftermath strategies for cleaning up after federal shutdowns and other system closures
Who Should Attend:
- Employment Law & Immigration Attorneys
- Employment and Labor Lawyers
- Employment Law Advisors
- Immigration Officers
- Human Resource Personnel
- Public and Private Companies
- Other Related/Interested Professionals
Eileen Scofield has decades of experience concentrating on immigration law and related legal matters for global, U.S. and foreign-based clients. She provides strategic visa related guidance, has worked with and litigated against the U.S. DHS, CIS, ICE, HIS, U.S. DOL, U.S. DOJ Civil Rights Division, etc. on various wage, verification and worksite enforcement issues, fraud matters; managed over 50 workforce-related government agency subpoenas, audits and investigations; advised on federal and state legislation; and been active pro bono activities. She regularly advices on compliance standards, privacy/security, electronic systems, internal audits, external audit response, internal processing, third -party, outsourcing, contracts, M&A/restructure and other corporate issues. Finally, she regularly advises global investors, professional athletes, and individuals on immigration related issues, including data sharing, tax and estate planning, and personal global issues. Quoted WSJ, U.S. World Report, Law360, AFB, AJC, etc.; Best Lawyers – “Lawyer of the Year in Immigration;” Best Lawyers In Georgia; Chambers USA: America’s Leading Lawyers; International Who's Who of Corporate Immigration Lawyers;
Eileen Scofield has decades of experience concentrating on immigration law and related legal matters for global, U.S. and foreign-based clients. …
Cynthia S. Coulange brings over four years of immigration experience in both employment and family-based immigration matters. Her immigration practice has been focused on employment-based immigration matters. She has represented employers in a variety of nonimmigrant and immigrant visa petitions including L-1, H-1B, H-1B1,TN, E-3, O-1, EB-1 green cards and PERM based green cards.
Cynthia graduated from Kennesaw State University, summa cum laude, with a Bachelor’s degree in Psychology and a minor in Spanish. She earned her JD, cum laude, from Loyola University New Orleans College of Law. While at Loyola, Cynthia was the Articles Editor of the Public Interest Law Journal and a member of the Moot Court Staff. During her law studies, she obtained a certificate in International Legal Studies. She is licensed to practice law in Georgia and is proficient in French and Haitian Creole.
Cynthia S. Coulange brings over four years of immigration experience in both employment and family-based immigration matters. Her immigration practice …
Gina Sales-Cengiz brings more than 15 years of experience in business immigration to Pearl Law Group, having served as a senior paralegal for leading immigration law firms before dedicating herself to law school. As a Supervising Attorney with Pearl, Gina manages full nonimmigrant to immigrant business immigration lifecycle for foreign nationals seeking employment authorization, permanent residency, and citizenship in the United States.
While in law school, Gina worked as a legal intern/clerk for two nonprofit community service agencies where her activities included assisting crime victims with U visa petitions. She also served as a legal intern for the Executive Office for Immigration Review of the San Francisco Immigration Court. For her outstanding achievements, Gina received the Witkin Award for Academic Excellence in Immigration Law from Golden Gate University.
Gina Sales-Cengiz brings more than 15 years of experience in business immigration to Pearl Law Group, having served as a …
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About Alston & Bird LLP
Founded in 1893, Alston & Bird is a leading national law firm and has offices in Atlanta, Beijing, Brussels, Charlotte, Dallas, Los Angeles, New York, Raleigh, San Francisco, Silicon Valley, and Washington, D.C. The firm's attorneys provide a full range of services to domestic and international clients conducting business around the world. Counseling clients from what was initially a local context quickly expanded to regional, then national levels, and now spans a global economic environment. Alston & Bird has overlaid its broad range of legal skills and business knowledge with a commitment to innovation and technology.
About Meltzer Hellrung LLC
Meltzer Hellrung provides comprehensive immigration solutions for businesses, from entrepreneurs and investors to multi-national corporations. Attorneys at Meltzer Hellrung have filed several thousand petitions for U.S. visas and green cards. Firm clients get more than attorneys capable of filing petitions: they get proactive advice, prompt responses to all communication, and innovative strategies based on voluminous experience. Metlzer Hellrung provides support and guidance at every step of the process to ensure that each company and foreign national employee moves forward with confidence through the immigration journey.
About Pearl Law Group
Founded in 1995 by Julie Pearl, former Deputy Attorney General in California, and Alan Nelson, the former head of U.S. Immigration and Naturalization Service under Presidents Reagan and Bush Senior, the award-winning Pearl Law Group is Silicon Valley’s recognized immigration leader. The firm has been recognized for its?immigration services?and technology, including?I-9/E-Verify and International Business Traveler compliance solutions. Pearl has?offices in the Americas, APAC, and EMEA?and?provides?a?full range of immigration and related global mobility services in over 100 countries.
HR Executive Magazine consistently ranks Pearl among the nation’s top three firms for number of attorneys named in the annual list of leading Immigration & Employment Lawyers.??Other peer-ranking sources –?from Chambers Guide to Leading Lawyers to Who’s Who Legal and Super?Lawyers –?validate?the firm’s standing for caliber of its legal?professionals. The firm was profiled for following the Golden Rule in the book The Moral Advantage; Getting Ahead in Business by Doing the Right Thing?(Stanford University). With the right combination of personal capital, the firm’s professionals?act as?an extension of client in-house mobility teams and as strategic business partners?while always maintaining a personal connection.?