USCIS E-Verify Refresher Webinars for HR Staff


The United States Citizenship & Immigration Service (“USCIS”) is offering employers the opportunity to attend a series of free E-Verify webinars.

Whether you want to provide an E-Verify refresher to your HR staff or educate your association members on how to properly verify employment eligibility, the training specialists at USCIS are providing these webinars that are tailored to your specific e-verify needs.

The Columbus immigration lawyer at Porter Law Office, LLC offers business counsel to employers and HR managers with employment eligibility verification (Form I-9) compliance for their workforce. Contact Porter Law Office, LLC to discuss your options today.

E-Verify Webinars

USCIS is providing a unique opportunity to engage the public in E-Verify educational webinars. The E-Verify webinars are available on many different dates between the hours of 7:00 AM and 7:00 PM EST. There are several different webinar choices for employers and employees to attend including: Form I-9, E-Verify, Self Check, Employee Rights and Federal Contractor topics. Presentation times range from 30 to 60 minutes in duration. The interactive webinars allow attendees the opportunity to engage with USCIS trainers and get their questions answered. Finally, USCIS notes that Spanish speaking presenters are also available.

Note: A webinar is a live internet-based seminar that you can attend from your home or office.

What is E-Verify?

E-Verify is an internet-based system that allows businesses to determine whether their employees are authorized to work in the United States. E-Verify is free, fast, and user friendly. Federal law requires that employers hire only individuals who are legally authorized to work in the U.S. Authorized employees are either U.S. citizens, or foreign citizens who have valid worth authorization.

Form I-9 Obligations

As an employer, you have certain responsibilities under U.S. immigration law during the hiring process. The the Immigration Reform and Control Act of 1986 (IRCA) added the employer sanction provisions found in Immigration and Nationality Act (“INA”) Section 274A (see also 8 C.F.R. 274a). The Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 shaped these laws into what they are today.

Generally, an employer must verify the identify and employment authorization of each person hired after November 6, 1986 and complete and retain a Form I-9 for each employee required to complete the form. The INA prohibits employers from discriminating against individuals based on citizenship or immigration status during the I-9 process. Thus, employers should develop and implement strict anti-discrimination policies, practices and procedures for their employees and HR managers who conduct I-9 verification or E-Verify confirmation. Finally, an employer cannot hire, recruit, or refer an alien known to be unauthorized to work in the U.S.

Form I-9 Inspection Process

Request and Review of Forms I-9

The U.S. government conducts hundreds of worksite investigations per year. The administrative I-9 inspection process starts with Immigration and Customs Enforcement (“ICE”) issuing the employer a Notice of Inspection (“NOI”). The NOI compels the production of Forms I-9 within at least three business days. ICE agents or auditors inspect the Forms I-9 for compliance.

Practice Note: Similar to any government investigation, you have rights and responsibilities. Simply being investigated for an I-9 violation does not mean that your company violated any rules. Accordingly, knowing the I-9 inspection process and having a well-planned response strategy is extremely important.

Employer Response

By statute, an employer is given 10 days to correct technical or procedural violations and is subject to a fine, see INA §274A(b)(6)(B) (8 U.S.C. § 1324a(b)(6)(B)). An employer may be criminally prosecuted if it has knowingly hired or continued to employ unauthorized workers under INA § 274A(a)(1)(a) or (a)(2). In such case, the employer will be required to cease the unlawful activity and could be debarred by ICE.

ICE Notification of I-9 Violations

ICE will notify the company, in writing, of the results of the inspection once completed. If the company is found to be in compliance with I-9 obligations, ICE will send a compliance letter known as a “Notice of Inspection Results.” If ICE finds that an employee is not authorized to work, it will send a “Notice of Suspect Documents” outlining the possible criminal and civil penalties for continuing to employ that individual. At that point, the company will be provided an opportunity to present additional documentation to prove work authorization if ICE’s determination is incorrect.

ICE may send several other notices including: a Notice of Discrepancies (unable to determine work eligibility based on review of I-9s), a Warning Notice (substantive violations were identified, but no fines because there is an expectation of future compliance), and a Notice of Intent to Fine (“NIF”) (substantive, uncorrected violations).

Settlement or Hearing before an ALJ

When the company receives a NIF, ICE will serve charging documents that specify the violations allegedly committed by the employer. In response, the employer can negotiate a settlement with ICE or request a hearing before the Office of the Chief Administrative Hearing Officer (“OCAHO”) within 30 days of receiving the NIF. If you request a hearing, the OCAHO assigns the case to an Administrative Law Judge (“ALJ”) and sends all parties a copy of a Notice of Hearing and complaint. Like any other court case, you must follow the rules of procedure before the OCAHO. A well prepared defense may help the case settle prior to an evidentiary hearing.

To combat unlawful employment, ICE began a program called the Mutual Agreement between Government and Employers, or IMAGE program in July 2006. The IMAGE program assists employers in targeted sectors develop a more secure and stable workforce. It also enhances fraudulent document awareness through education and training.

Civil Fines and Criminal Penalties for I-9 Violations

The civil fines and criminal penalties for I-9 violations can be stiff. These cases are highly visible and the negative press can irreparably damage your business’s reputation. Because the government conducts hundreds of worksite investigations each year, establishing I-9 compliance practices is key to limiting your company’s civil and criminal exposure. When despite your company’s best efforts, your company is charged with one of the following civil or criminal violations, Porter Law Office, LLC can help establish a defense to the allegations and seek the best possible resolution of your case.

Civil Fines and Criminal Penalties for Form I-9 Violations

• Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States. Minimum of $375 per employee (first offense) with a maximum of $16,000 for each employee (third offense).
• Failing to comply with Form I-9 requirements. Minimum of $110 per form (first offense) with a maximum of $1,100 for each form (third offense).
• Committing or participating in document fraud. Minimum of $375 per employee (first offense) with a maximum of $6,500 for each employee (third offense).
• Committing document abuse. Minimum of $110 per violation (first offense) with a maximum of $6,500 per violation (third offense).
• Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee. Minimum of $375 per violation (first offense) with a maximum of $16,000 per violation (third offense).
• Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond. Pay $1,100 for each bond the employee paid to the employer. Refund the employee the full amount of the bond. If the employee cannot be found, this refund will go to the U.S. Treasury.
• Criminal Violations: Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens. Up to $3,000 for each unauthorized alien, and up to six months in prison.

Finally, your company can be subject to debarment from government contracts, a court order requiring the payment of back pay to the individual discriminated against, or a court order requiring the employer to hire the individual discriminated against.

Contact an Experienced Columbus Immigration Lawyer

E-Verify Compliance

The experienced employment-based immigration lawyer at Porter Law Office, LLC assists businesses navigate the complex area of employment eligibility verification and E-Verify. The civil fines and potential for criminal penalties relating to I-9 violations can be significantly reduced by implementing proper procedures into the hiring process. The experienced Columbus immigration lawyer at Porter Law Office, LLC understands your I-9 obligations and how to resolve allegations of I-9 violations. Porter Law Office, LLC is conveniently located outside of Columbus in the suburb of Gahanna, Ohio. Contact Columbus employment immigration lawyer Matthew R. Porter today for free consultation to discuss your options.