It’s no secret, I-9s are incredibly complicated. There are over 900 pages of guides, handbooks and websites published by the government to help. On top of that, simple mistakes can turn into major violations – costing up to $2,236 per violation! Join EPAY Systems and Anna Pajor SPHR, as we cover I-9 strategies to help ensure compliance and prevent violations (and their costly consequence). Our 1-hour presentation will cover: • Changes in I-9 and Immigration Enforcement • I-9 strategies for a distributed workforce • Correcting I-9s • What to do in case of an I-9 audit

1. I-9 Compliance
ADAPTING TO TRUMP’S INCREASED
IMMIGRATION ENFORCEMENT

2. 2
Speakers
Anna Pajor, SPHR
EPAY HR Consultant
Michelle Lanter Smith
EPAY Chief Marketing Officer

3. 3
Agenda
• Who is EPAY Systems
• Why I-9s matter more than ever
• Completing and Correcting I-9s
• I-9 Verification for distributed workers
• What to do in case of an I-9 audit or ICE site visit
• Questions

4. Who is EPAY Systems
CHICAGO BASED
TECH COMPANY
PROVIDER OF COMPLETELY
UNIFIED, FULL SERVICE
HCM SOLUTIONS
SERVING HOURLY
WORKFORCE ENVIRONMENTS
INDUSTRY LEADER FREE PREMIUM
CUSTOMER SUPPORT
CUSTOMER RETENTION
FOUNDED 2001
UNIQUELY FLEXIBLE CLOUD BASED TIME &
LABOR MANAGEMENT TECHNOLOGY
24 HOURS/DAY
7 DAYS/WEEK,
365 DAYS/YEAR
75,000+ WORKSITES
99%

5. Legal Disclaimer
The contents of this presentation should not be construed as legal
advice or a legal opinion on any specific facts or circumstances.
These materials are intended for general information purposes only,
and you are urged to consult a lawyer concerning your own
situation and any specific legal questions you may have.

6. Importance of I-9s: Why Now

7. 50%worksite enforcement actions
400%
administrative arrests
2,282 I-9
Audits
610 administrative arrests
1,716 3,510
worksite investigation
2018 So Far
Source: Seyfarth Shaw Management Update

8. Before you Start an I-9
Exceptions
• Hired on or before November 6, 1986, who are continuing in their employment and have a
reasonable expectation of employment at all times;
• Employed for casual domestic work in a private home on a sporadic, irregular, or intermittent
basis;
• Independent contractors;
• Providing labor to you who are employed by a contractor providing contract services (e.g.,
employee leasing or temporary agencies); or
• Not physically working on U.S. soil.
When to Fill out an I-9:
• On the first day of employment.
• Before the first day of work, if the employer has offered the individual a job and if the
prospective employee has accepted it.

9. Section 1: Employee Information
Completed by employee on or before first day of work.
Only Required if you use E-Verify
LEAVE NOTHING BLANK
JaneDoe N/A
N/A N/A
Fawn or N/A
123 Main Street N/A Springfield IL 12345
01/01/2000 N/A
N/A
X

10. Section 1: Employee Information
Completed by employee on or before first day of work.
Only Required if you use E-Verify
LEAVE NOTHING BLANK
JaneDoe N/A
N/A N/A
Fawn or N/A
123 Main Street N/A Springfield IL 12345
01/01/2000
ALL FIELDS MUST BE FILLED
N/A
N/A
N/A
N/A
N/A
N/A
N/A
X

11. Section 1: Translator or Preparer
Spanish Version can only be used for translation purposes and can not be saved and retained. You
must keep the English version on file
x

12. Section 2: Review and Verification
List A Example:
A passport or passport card
List B Example:
Drivers License
List C Example:
Social Security Card
Signed and completed within 3 business days of the employees first day
If you are ever unsure, go check the government resources page

13. Section 2: Review and Verification
Signed and completed within 3 business days of the employees first day
If you are ever unsure, go check the government resources page

14. Section 2 for Distributed Workers
• Notary Public
• Site Manager
• Foreman
• Personnel officer
Authorized Representative
Notary Publics should not notarize an I-9
Signed and completed within 3 business days of the employees first day
Photocopies
Inspection via webcam

15. Section 3: Reverification and Rehires
Complete when:
• Your employee authorization or documentations of employment authorization has expired.
• When the employee is rehired within 3 years of the date of the original i-9 form completion.
• When your employee has had a legal name change
ALL FIELDS MUST BE FILLED
Dawn N/AJennifer
N/AN/A
N/A
N/A
N/A

16. Correcting I-9
To correct the Form:
• Draw a line through the
incorrect information.
• Enter the correct information.
• Initial and date the correction.
NO Whiteout
Section 2 & 3
Employee Only
Section 1
Employer Only
Always sign and date any
changes made to you I-9. Keep
the audit trail intact.

17. Form I-9 does not need to be filed with any federal agency.
How Long to Keep Form after the employee leaves (the later of)
• 3 years after the date of hire, or
• One year after the date employment is terminated.
Enter the date the employee began working
• Add 3 years to date
The date employment was terminated
• Add one year to date
Which date is later?
May 3rd, 2014
May 3rd, 2017
Dec 1th , 2015
Dec 1th , 2016
May 3rd, 2017
Retaining I-9s

18. Electronic storage must:
• Include controls to ensure an audit trail
• Include an inspection and quality assurance
program
• Include a detailed index of all data
Storing I-9s
I-9 Storage:
• Safe
• Accessible
• Separate from employee document
• Complete audit trail
3 DAYS

19. ICE Comes Knocking
If agents arrive:
• Immediately contact your immigration legal counsel
• Read the warrant
• No one is not required to answer questions or present any documents unless listed in
the warrant
• Get the lead officer contact information or business card
• Take notes of actions and names of other officers
Prepare for a visit:
• Designate an Immigration compliance officer
• Institute practical standards and procedures
• Train public facing personnel
• Conduct an internal audit
• Keep up with compliance

20. Raid vs Audit
Raid:
• No notice or warning
• Follows after an investigation
• Enter with a Judicial (Criminal) Warrant
• Can arrest unauthorized workers
• Can only enter private areas of your workplace
listed on warrant
• Agents should leave an inventory of property
taken and employees arrested

21. Raid vs Audit
Specific Employee Warrants:
• Not required to let Agents into private
areas of your business
• Not required to show them to the
employee or even communicate if
that employee is working that day.

22. Audit:
• Serve a Notice of Inspection requesting I-
9s and supporting documents
• Enter with Administrative warrant
• You are guaranteed 3 days before turning
over documents – do not waive this right!
• Can not enter private areas of your
business without permission
Raid vs Audit
Other Documents that may be requested:
• Current employee list
• E-Verify information
• Payroll records
• Business entity information List of
subcontractors and staffing companies
that serve the site;
• “No Match” or “Mis-Match” letters from
the Social Security Administration;

23. Consequences
Averaging $2,236 per Violation
105.4 MILLION
in forfeitures, fines and restitution
2017 Costs
Mitigating factors in determining fines:
• The size of the business of the employer being charged,
• The good faith of the employer,
• The seriousness of the violation,
• Whether or not the individual was an unauthorized alien,
and
• The history of previous violations of the employer.
Violations:
• Discriminate against individuals based on national
origin, citizenship or immigration status
• Technical Violations
• Knowingly hiring or referring applicant who are not
authorized to work in the U.S.
• Continuing to employ unauthorized workers
Incomplete or I-9s with errors; Failure to retain I-9s

24. 24
Questions?

25. Connect with Us
on Social Media
Visit Our
Website
www.EPAYsystems.com
Take a two-minute tour
Take the survey
Request a demo of EPAY Systems

26. Sources:
• https://ogletree.com/shared-content/content/blog/2017/may/what-to-do-when-ice-comes-
knocking
• https://www.skoler-abbott.com/2018/06/14/what-are-your-rights-when-ice-arrives-at-your-
workplace
• https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/Difference-
Between-ICE-Raids-Audits.aspx
• https://immigrationview.foxrothschild.com/employment-verification-compliance-including-i-9s-e-
verify-and-enforcement/employers-beware-ice-is-ramping-up-i-9-audits-to-record-levels/
• https://www.uscis.gov/i-9-central/90-correcting-form-i-9
• https://www.uscis.gov/i-9-central/i-9-central-questions-answers/faq/i-hire-my-employees-
remotely-how-do-i-complete-form-i-9
• https://www.seyfarth.com/publications/MA072718-LE
• https://www.uscis.gov/i-9-central/40-completing-section-2-form-i-9
• https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-
documents
• http://www.seyfarth.com/uploads/siteFiles/publications/MA071718LE.pdf
• https://www.uscis.gov/i-9-central/30-completing-section-1-form-i-9
• https://www.hr360.com/Recruitment-and-Hiring/New-Employees/Completing-Form-I-9.aspx