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Dec 14, 2022

Webinar Recording: Special Delivery: Unwelcome Outreach from the Government - Part 3

Part 3: Dear Seyfarth, How Do Employers Avoid Pitfalls With the Simple, Two Page I-9 Form?
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Please join Seyfarth’s Immigration Compliance and Enforcement Team for the third installment in a four-part series focused on critical challenges faced by employers in the current era of more frequent immigration-focused audits and investigations.

Employers know that compliance with rapidly changing and complex I-9 and E-Verify directives from the government is daunting, and aggressive enforcement of worksite-related immigration laws is on the rise. 

Employers must ensure that when federal or state agencies send any type of correspondence - or just show up unannounced - your company should be prepared. 

This series will take a deep dive into the mindset, behaviors and traps of the myriad of federal and state immigration enforcement agencies.

Part 3: Dear Seyfarth, How Do Employers Avoid Pitfalls With the Simple, Two Page I-9 Form?

For the third discussion, our panelists focus on all matters related to Form I-9 (Employment Eligibility Verification).  We discuss the I-9 compliance obligations and directives of U.S. Citizenship and Immigration Services (USCIS) and the worksite enforcement focus of the Homeland Security Investigations (HSI) Unit of U.S. Immigration & Customs Enforcement (ICE).

You’ve no doubt seen the flurry of directives issued by USCIS as new documents of identity and employment eligibility are deemed allowable, but yet not added to the Lists of Acceptable Documents, and as the agency extends its remote verification flexibilities.  Perhaps less apparent is the spate of HSI’s enforcement actions in which I-9 auditors, special agents and ICE attorneys create their own body of secret I-9 guidelines, and opine on electronic I-9 matters with no guidance to the public. 

In this session we discuss:

  • The employment eligibility verification Form I-9 that USCIS owns and HSI enforces;
  • The confusing sources of I-9 legal authority, including regulations, the M-274 Handbook For Employers, I-9 Central, and frequent pronouncements and press releases, memos, and internal guidance;
  • Responding to Notices of Inspection and other Notices of Technical and Procedural Failures; Notices of Suspect Documents, Warning Notices, and Notices of Intent to Fine);
  • Electronic I-9 concerns during HSI I-9 investigations
  • The role of voluntary, internal I-9 compliance reviews and privilege issues.
  • Administrative appeals of adverse HSI I-9 fine determinations through the Office of the Chief Administrative Hearing Officer (OCAHO). 

Speakers

Dawn M. Lurie, Senior Counsel, Seyfarth Shaw LLP
Angelo A. Paparelli, Partner, Seyfarth Shaw LLP
Leon Rodriguez, Partner, Seyfarth Shaw LLP

If you have any questions, please contact Kate Stacey at kstacey@seyfarth.com and reference this event.

Learn more about our Immigration Compliance & Enforcement practice.

Past and Future Installments of the Series

This webinar is accredited for CLE in CA, IL, NJ, and NY. Credit will be applied for as requested for TX, GA, WA, NC and VA. The following jurisdictions may accept reciprocal credit with these accredited states, and individuals can use the certificate they receive to gain CLE credit therein: AZ, CT, NH. The following jurisdictions do not require CLE, but attendees will receive general certificates of attendance: DC, MA, MD, MI, SD. For all other jurisdictions, a general certificate of attendance and the necessary materials will be issued that can be used in other jurisdictions for self-application. Please note that attendance must be submitted within 10 business days of the program taking place. If you have questions about jurisdictions, please email CLE@seyfarth.com. CLE credit for this recording expires on December 13, 2023.