Designed for novices and experienced HR compliance professionals alike, this comprehensive 1.5-day workshop will examine all aspects of employment verification processing and monitoring, including best practices for I-9 compliance program management, the latest tools for automation, and responding to government audits. The course will also cover advanced topics addressing due diligence in mergers & acquisitions, special rules for contractors and remote hires, international employees, and discrimination avoidance. Participants will leave with abundant resources for policy development, ongoing training, procedural checklists, and more.
Federal government audits that seek to protect US workers and ferret out unscrupulous employers are on the rise. Whether you work for an organization that is very large or has a high volume of hiring activity, understanding the nuances of US employment verification regulations and adopting rigorous compliance schemes can be challenging. This I-9 and E-Verify “Compliance Bootcamp” will give you the tools to function as a subject matter expert, develop and implement a solid compliance program, and protect your organization from potentially serious financial and reputational risk.
Learning Objectives:
- I-9 Basics and Overview
- Introduction to E-Verify, including issues for Federal contractors
- Electronic I-9 Systems
- I-9 Program “Health Check”
- Intro to ICE I-9 Audits
- Advanced Issues in I-9 Program Management
- Office of Special Counsel Best Practices
- Up-to-date requirements for Form I-9 compliance
- How to conduct a self-audit of your I-9s and I-9 practices
- Common I-9 completion mistakes to avoid
- Best practices for filling out the I-9
- Legally acceptable ways to verify workers’ documentation
- Form I-9 re-verification requirements for non-U.S. citizens and non-permanent residents
- How to avoid legal trouble with re-verification requests
- How to handle I-9s for returning workers
- How to complete I-9s for new employees using automatically extended employment authorization documents (EADs)
- Tips for copying and storing I-9s
- Whether you should photocopy workers’ supporting documentation
- Electronic I-9s
- When it is safe to purge old I-9s
- The most common recordkeeping errors to avoid so you’re not under ICE scrutiny and subject to hefty fines
- Best practices for ensuring that you’re not unknowingly hiring or employing workers not authorized to work in the United States, and what not to do when placing ads seeking employees
- How to legally walk the line between being vigilant about having workers produce sufficient documentation to back up their assertions that they can legally work here and not overstepping by requesting too much or impermissible information
- Strategies for ensuring your organization is prepared in the event of an ICE audit
Who Will Benefit:
- General Counsel/Assoc. General Counsel
- Human Resources VP/Director/Manager/Specialist
- Talent Acquisition VP/Director/Manager
- Compliance Officer
- In-House Counsel
- Document Management In-charge
- Record Keeping Professionals
- 08.30 AM - 09.00 AM Registration
- 09:00 AM - 10:15 AM Welcome/Opening Remarks
- 09:15 AM - 10:30 AM Session One: I-9 Basics and Overview
- Legislative background and general requirements
- The (Newest) I-9 Form
- Acceptable Documents and Receipt Rules
- Process and Timing
- Reverification
- Preparer Certification
- Terminated employees
- Retention and storage
- Common pitfalls and potential penalties
- 10:30 AM - 10:45 AM Networking/Coffee Break
- 10:45 AM - 12:00 PM Session Two: Introduction to E-Verify
- Overview, including State Requirements
- Federal Contractors
- The MOU
- Integration with I-9
- Tentative Non-Confirmations
- Audit Triggers
- Challenges and Strategies
- 12:00 PM - 01:00 PM Networking Lunch
- 01:00 PM - 02:00 PM Session Three: Electronic I-9 Systems
- General Requirements
- Compliance Benefits and Risks
- Electronic Signatures and Posting
- Remote hires: Use of agents
- Security and Data Privacy Issues
- Integration with HR and I-9 Systems
- 02:00 PM - 03:00 PM Session Four: I-9 Program Health Check
- Training for I-9 program leaders
- Reviewing the I-9 policy and processes
- Conducting an internal audit
- Gathering data/documentation
- Common errors and corrective actions
- Troublesome situations (work authorization scenarios)
- When to involve counsel and internal compliance officers
- Employee communication strategies
- 03:00 PM - 03:30 PM Networking Break
- 03:30 PM - 04:30 PM Session Five: Intro to ICE HSI I-9 Audits
- Enforcement Overview
- Official Notices – The process and your rights
- Internal protocols for responding to notices
- Fines & Negotiation
- Case Studies/Examples
- 08:30 AM - 09:00 AM Check-In & Networking
- 09:00 AM - 10:15 AM Session One: Advanced Issues in I-9 Program Management
- Due Diligence in Mergers & Acquisitions
- Third Party Employers and PEOs
- Special rules for Contractors and Remote Hires
- International Employees (coordination with Immigration program)
- “Thorny Issues” (e.g., when an employee admits I-9 documents were fake)
- 10:15 AM - 10:30 AM Networking Break
- 10:30 AM - 11:45 AM Session Two: Office of Special Counsel (OSC) Best Practices
- General overview of OFC and IER Enforcement
- The Onboarding Process: What Can Employers Ask Candidates?
- How Discrimination Arises in the I-9, E-Verify and Reverification Processes
- What to Expect and How to Respond to OSC investigations
- Training Programs and Other Remedies
- 11:45 AM - 12:00 PM Closing Remarks
Julie Pearl
CEO, Pearl Law Group
Julie Pearl, Esq. is the founder and co-owner of three companies: a law firm and two legal/HR compliance software companies, all of which have won key awards for Innovation and Excellence. The two early companies have also won Inc. 500/SF Business Times Fastest Growing Awards, along with Best Employer and Customer Service awards. She began her career when the field of “Business Immigration” was emerging as the proving grounds for transformations in the legal industry, especially the use of technology for efficiency and transparency.
She served as Deputy Attorney General for the State of California, then started her firm in 1995 with the former head of the U.S. Immigration and Naturalization Service. One of the two largest women-owned firms in Northern California for over a decade, Pearl Law Group has won more accolades per attorney than any American firm in their field (business immigration). Human Resource Executive magazine has named Julie one of “The Nation's Most Powerful Employment Attorneys” and one of “The Nation’s Top 20 Immigration Attorneys” every year since the list began. She is the only Northern California attorney to receive a “Star Individual” ranking in the Chambers Global and Chambers USA Guides to the World’s Leading Lawyers. She’s also named at the highest levels by US News/Best Lawyers in America, Super Lawyers, etc. In 2013, Pearl Law Group was one of only two law firms nationwide selected for the Super Lawyers’ Pro Bono Award, and was also the first firm to win the Fortune-1000 adjudicated “Immigration Provider of the Year” award in the Americas (Forum for Expatriate Management).
Julie received a BA in Economics from Stanford University, an MPA from Harvard University and a JD from UCSF-Hastings.
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