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I-9 Self-Audits: NEW Revision, How to Evaluate, Correct, and Avoid Discrimination Claims

I-9 Self-Audits: NEW Revision, How to Evaluate, Correct, and Avoid Discrimination Claims

Product Code: YEWA122017

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I-9 Self-Audits: NEW Revision, How to Evaluate, Correct, and Avoid Discrimination Claims

Live Webinar: Wednesday, December 20, 2017

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific


WEBINAR SNAPSHOT: Learn whether supplied employment verification documentation is acceptable for hiring and re-verification of work authorization on the Form I-9, correct Form I-9 errors and omissions, and minimize the risk of discrimination claims based on national origin or citizenship.



There are many reasons why now is the time to ramp up on how to conduct an I-9 self audit. Consider the following:

Yet another new revision to the Form I-9 for employment eligibility verification is in effect as September 18, 2017.

President Donald Trump has taken initial steps to phase out the federal Deferred Action for Childhood Arrivals (DACA) program over the next 6 months. Employers are starting to ask what will happen if workers previously authorized to work in the country don’t have protected status anymore and how they can ensure that all qualified workers are treated consistently. It is crucial that employers not refuse otherwise valid employment authorization documents simply because they may be temporary or because there is concern that the employees may be DACA registrants whose work eligibility may expire.

Increased workplace raids are a growing threat. By executive order, President Trump has ordered the hiring of 10,000 new immigration officers to crack down on illegal immigration. Plus, recent changes in U.S. immigration regulations regarding the extension of some foreign workers’ employment authorization documents affect how employers must re-verify their work authorization on Form I-9.

And, you could be on the hook for costly fines if you don’t correctly handle Immigration and Nationality Act’s (INA) employment requirements. The Ninth Circuit recently ruled an Arizona-based factory will pay $300,000 in fines after concluding the company’s HR director had neglected his duty to keep the company in compliance. The employer tried to shield itself from taking the fall, arguing the HR director had acted in good faith, but the court wasn’t convinced, ruling because the HR director was the company’s agent and failed to properly perform his responsibility, so the company was liable.

Given these developments, it’s a good time to self-audit your organization’s process for collecting employment verification and eligibility documentation and completing and storing I-9s.

Join us on December 20 for a rebroadcast of our webinar on how to perform a comprehensive Form I-9 self-audit related to requests for acceptable documents to verify employment eligibility, how to go about correcting errors and omissions you uncover on the originally completed Form I-9’s sections 1, 2, or 3, what to do if you don’t have an I-9 on file for a given employee, and more.

Plus, you’ll learn:

  • What to look for when reviewing Form I-9s (another revised version is in effect as of September 18, 2017) and past versions of Form I-9s on file for your workforce
  • Examples of national origin or citizenship-based discrimination that could arise from Form I-9 self-audits—and what to do to ensure your practices don’t spark legal claims
  • Best practices for informing employees about the internal Form I-9 audit
  • Form I-9 error and omission correction procedures for Sections 1, 2, and 3—including who should deal only with Section 1, and who should handle Sections 2 and 3
  • What to do if you discover workers who don’t appear to have an I-9 on file
  • Examples of documentation identifying errors or omissions and indicating corrective action taken to bring your Form I-9s into compliance
  • What not to do with an eraser or whiteout—and the recommended way to display changes made to the Form I-9
  • How to tell if the version of the Form I-9 you have on file is acceptable under applicable rules
  • How to tell if the supplied Section 2 documentation is sufficient if the documentation isn’t on the list of acceptable documents under the current Form I-9 that’s in effect
  • What to do if you question the legitimacy of the documentation an employee has supplied—and why immediate termination is not a good idea
  • What to do if ICE agents or auditors show up at your workplace

About Your Presenter:

Jacob Muklewicz, Esq.Jacob T. Muklewicz Esq. 
Shareholder 
Kirton McConkie

Jacob Muklewicz is the former Chair of Kirton McKonkie’s Employment and Immigration section. He counsels and advises large multinational corporations, local businesses, individual investors and professionals in areas involving employment-based immigration law. He has presented at state bar associations and published articles on topics concerning employment-based immigration and compliance with employment verification regulations.

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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