I-9 Employment Eligibility Verification Process: Updates, Overview, and How to Avoid Liability

Onboarding new employees is an essential part of any business.  One small, and often overlooked, piece of the onboarding process is the completion of form I-9, and the Employment Eligibility Verification process, in general.  Failure to fully grasp the importance of a well-structured Employment Eligibility Verification program and process can result in hundreds of thousands of dollars in civil fines, potential discrimination claims against a company, and in extreme cases, even criminal sanctions.  

In this program, Mr. New will discuss the legal background of the Employment Eligibility Verification process, covering laws related to hiring employment-authorized individuals and protecting individuals from discrimination. He will provide basic tips for completing the I-9 form, an overview of the E-Verify electronic verification system, and common mistakes to avoid when reviewing I-9 forms. Additionally, he will discuss updates to the I-9 process, pending updates to E-Verify, new procedures for remote verification, and COVID-19 flexibilities and their termination. Mr. New will also cover ICE audits, potential penalties, and navigating an I-9 audit, along with best practices for internal company audits. Finally, he will address recent developments that could significantly impact the legal landscape of the Employment Eligibility Verification process.

Learning Objectives:

1. Grasp the importance of the Employment Eligibility Verification process
2. Create an effective and safe system for completion of Form I-9 or E-Verify
3. Navigate an ICE audit, including liability for the attorney and the client
4. Complete the Employment Eligibility Verification process by adhering to best practices
5. Conduct internal audits to best identify and avoid liability