Form I-9 Compliance Update for 2022
The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for until April 2022 due to the ongoing precautions related to the COVID-19 pandemic. The DHS has extended the I-9 Remote Option. This also extends the requirements that Employers who use this process need to put in place. For example: Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video… fax, or email)! But must still re-verify the physical documents when normal operations resume!
Employers must provide written documentation of their remote onboarding and telework policy for each covered employee. While this flexibility is helpful to Employers, it only impacts remote employees. These Employers must understand that they are still required to re-verify documents for those remote employees when normal operations resume.
Generally, ICE enforces an employer’s obligation to verify, and re-verify, the work authorization of all new employees. ICE may enforce this responsibility through random I-9 compliance audits or through a narrower investigation based on a lead.
The lead can be an anonymous tip, or facts that form a reasonable suspicion of an employer’s non-compliance. ICE has been concentrating its recent enforcement efforts on investigations, not random audits like previously. These investigations have focused on all industries viewed as employing a large percentage of unauthorized workers (e.g., the construction industry, landscaping, manufacturing, or agricultural industry). However, there are still efforts by ICE to continue investigations in the workplace.
Join us on Compliancevent to learn about the 2022 I-9 inspection and ICE investigations. You’ll also receive a FREE customized compliance toolkit to help you develop a better understanding of this training.
Why should You Attend?
I-9 documents can be audited by the Department of Homeland Security (DHS) and many DHS investigators know this is a weakness for most Employers. Although the I-9 document appears like a simple document, more than 72% of Employers have I-9 Documents with errors. Using the Internal I-9 Audit and Storage Program provided for free, you can reduce your error rate
Inappropriate storage of I-9 documents in employees’ personnel files can lead to discrimination claims. Disgruntled employees can turn in Employers for I-9 document violations which will bring DHS to your doorstep!
This I-9 form preparation, correction, and audit training will be a step-by-step process and discussion of all the new 2022 guidelines for completing the new I-9 form as well as the ongoing regulations for appropriate methods of correcting this document without incurring fines and penalties.
What will You Learn?
-COVID-19 has shifted the focus on regulatory agencies. Learn how the extension of the flexibility for remote employees still has requirements that have to be provided by Employers.
-What specifics do Employers have to have in place to complete the I-9 Remote Option when the policy expires?
-What is the focus for ICE during the pandemic when it comes to I-9 Audits?
-How to conduct an internal I-9 Form Audit and reduce your error rate?
-What is the right way to correct I-9 documents and save your company from unnecessary violations?
-What is the minimal risk Employers have when establishing an I-9 document Correction & Storage Process?
-Can outsourcing your internal I-9 Audit save you time and protect the company from ICE audits?
-How long should I-9 documents need to be retained for active and terminated employees?
-Why are most HR professionals or those responsible for processing I-9 documents still violating the request for documents section?
-What are the latest guidelines on how to prepare for an audit from DHS?
Who Will Benefit?
-Employers in all industries
-Small Business Owners
-Large Business Owners
You may ask your Question directly to our expert during the Q&A session.
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance.
Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).