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I-9 Compliance And Immigration Enforcement: Tactical Strategies

Webinar: ID# 1026317
Recorded On-Demand
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About This Course:
Citizenship and Immigration Services (USCIS) has released yet another revision to the Form I-9 for employment eligibility verification effective September 18, 2017. Additionally, the Equal Employment Opportunity Commission (EEOC) continues to focus enforcement efforts on national origin and religious discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).

A newly decided case by the Ninth U.S. Circuit Court of Appeals involving a Scottsdale, Arizona-based sheet metal fabricator underscores why HR needs to be properly trained to keep up with I-9 compliance. The employer argued that it had made a good-faith effort to comply with the Immigration and Nationality Act’s (INA) employment requirements by hiring an HR director to handle the hiring and verification of new workers to meet the business’s growing demands. Unfortunately, the HR director neglected his duty to keep the company in compliance. The employer tried to shield itself from taking the fall, however, the court was unconvinced. The court ruled that the HR director acted as the company’s agent and, when he failed to properly perform his responsibility, the company was liable. As a result, the company faces over $300,000 in fines.

And, while there has been a great deal of uncertainty over how far the Trump Administration will go with deportation efforts and travel bans the reality is becoming more clear: In August, the Department of Justice reported that the number of deportations under the Trump Administration in 2017 has risen close to 28 percent with 49,983 deportations to date this year over 39,113 in 2016.

Now, more than ever, employers must get a handle on complex reporting requirements for immigrant employees and protections for employees based on citizenship and immigration status, and understand their company’s legal obligations and rights concerning language-restrictive policies, language fluency requirements, and what is required to accommodate national origin and religious traditions or practices.

During this one-day comprehensive training, you’ll get answers to critical questions on:
  • How to manage Form I-9 practices, including recordkeeping, employment verification, document destruction, and more
  • How to self-audit your workplace’s employment verification documentation practices and Form I-9 completion methods to ensure that you’re not at risk for costly fines and penalties
  • What to do in the event of an ICE inspection or, worse, a raid
  • How to manage employees’ and their families’ concerns about Form I-9 audits, ICE investigations, and more
  • How to train supervisors and managers on what not to say or do, so you can minimize the risk of national origin, religious, or citizenship-based discrimination claims under Title VII and IRCA
  • And much more, including live Q&A with skilled immigration attorneys!
About Your Presenters:

Jacob Monty, Esq.
Founding and Managing Partner
Monty & Ramirez LLP

Jacob M. Monty is the founding and managing partner of Monty & Ramirez LLP and is Board Certified in Labor and Employment by the Texas Board of Legal Specialization. His distinguished career involves the representation of employers in litigation matters in Texas and California and his expertise in handling labor issues in Hispanic workforces. He represents employers in federal and state courts in civil cases and in investigations and audits conducted by the National Labor Relations Board (NLRB), Department of Labor (DOL), Department of Homeland Security-Citizenship and Immigration Service (DHS-CIS), Occupational Safety and Health Administration (OSHA) and Equal Employment Opportunity Commission (EEOC). In these cases, Mr. Monty specializes in employee allegations of wage and hour violations, invasion of privacy, wrongful discharge and discrimination based on age, race, sex, national origin, disability, and other protected classes, as well as traditional labor matters including collective bargaining agreements and executive employment contracts.

Mr. Monty also advises clients on all aspects of immigration compliance by providing counsel on Form I-9 issues, the use of E-verify, identity theft indicators, and changes in the law regarding federal and state identification documentation. His broad industry experience extends to clients in the restaurant, manufacturing, health, retail, food and entertainment industries, private and public education systems, and government entities. He also offers a comprehensive selection of manager training courses and is an editor of the Texas Employment Law Letter.

Jacob MuklewiczJacob T. Muklewicz, Esq.
Partner
Kirton McConkie

Jacob Muklewicz counsels and advises large multinational corporations, local businesses, individual investors and professionals in areas involving employment-based immigration law. Mr. Muklewicz has presented at state bar associations and published articles on topics concerning employment-based immigration and compliance with employment verification regulations.

Elaine YoungElaine C. Young, Esq.
Shareholder
Kirton McConkie

Elaine Young currently serves as International practice group chair at Kirton McConkie. She manages work visa processes for clients, including large multinationals and small businesses. Elaine’s practice includes securing visas in nonimmigrant classifications like the H-1B, and immigrant visas, including employment-based green cards in a wide range of industries. Elaine speaks frequently on topics related to hiring foreign workers, addressing visa issues and the unique payroll tax issues that employers face when hiring foreign workers. She also helps employers with global migration needs, including coordination of the overall visa process for outbound employees. Elaine writes the monthly immigration columns for the Federal Employment Law Newsletter and Utah Employment Law Newsletter, and edits the Immigration chapter of BLR’s HR Guide to Employment Law.
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I-9 Compliance And Immigration Enforcement: Tactical Strategies
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