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Strategies for CEOs to Survive Government Audits
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What CEOs Must Know About ImmigrationStrategies to Survive Government Oversight
Presented by Ann Massey Badmus
Immigrant Demographics
Approximately 33.5 million foreign-born people live in the United States.
The foreign born represent 11.7 percent of the U.S. population.
Source: Current Population Survey, Annual Social and Economic Supplement, 2003US Census Bureau
Immigrant Demographics Foreign born workers are 15.3% of the
labor force and represent 44.6% of the 2.7 million increase in employment from 2005 to 2006
Bureau of Labor Statistics, 2006
In 2005, foreign born students obtained 41% of doctoral degrees in sciences and engineering
NSF, Science and Engineering Doctorate Awards 2005, Table 3
Government OversightLook Who’s Watching
Department of Homeland Security
U.S. Citizenship and Immigration Service (USCIS) www.uscis.gov - immigration benefits and services
U.S. Customs and Border Protection (CBP) – www.cbp.gov – border patrol and international travel facilitation
Department of Homeland SecurityImmigration and Customs Enforcementwww.ice.gov
Investigates employers for compliance with employment employer verification rules and removes undocumented aliens from the United States
U.S. Department of Laborwww.foreignlaborcert.doleta.gov
Investigates employer verification compliance, visa compliance, violation of worker rules
U.S. Department of JusticeOffice of Special Counsel (OSC)
www.usdoj.gov/crt/osc/
Investigates and prosecutes charges of immigration-related unfair employment practices
State of the Union – As it Relates to Immigration-Related Legislation
1000s of pieces of legislation introduced around the country since 2006.•Over 20 states now impose their own immigration rules on Employers.
Costs of Non-ComplianceHow Much Are You Willing to Risk?
Employment Verification Rule
All employers must verify employment eligibility of new employees using the I-9 Form
Employer must not knowingly hire or continue to hire unauthorized workers.
Fines/Penalties for I-9 and Unauthorized Employment Offenses
I-9 violations - $110 to $1110 for each violation
Unauthorized employment for offenses occurring on or after March 27, 2008 -
$375 to $3200 – 1st offense$3200 to $6500 – 2nd offense$4300 to $16000 – more than 2 offenses
Fines/Penalties for I-9 and Unauthorized Employment OffensesTo determine the amount of the penalty, ICE considers:
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 The history of previous violations of the
employer
Good Faith DefenseIf you can show that you have, in good faith, complied with Form I-9 requirements, then you have established a “good faith” defense with respect to a charge of knowingly hiring an unauthorized alien, unless the government can show that you had actual knowledge of the unauthorized status of the employee.
Criminal Penalties Knowingly hire or continue to employment
unauthorized worker – fines up to $3000 per employee and/or 6 months imprisonment
False statements, misusing visas & identity documents – fines and/or penalties up to 5 years imprisonment
Harboring alien – up to 5 years imprisonment and $250,000 in fines
Criminal Charges -Who Can Be Charged? Business Owners Plant Managers & Supervisors HR Personnel Union Stewards Intermediate and Senior Executives
Anti-Discrimination Violations
Fines and Penalties $110 to $16000 depending upon the
violation Back pay (no more than 2 years before
claim was filed) Hire or re-hire Personnel training Attorneys Fees
Winning Strategies for CEOs Developing a Culture of Compliance
Immigration Compliance Plan Written procedures and policies Training and Supervision Contractor compliance Consolidation of process for multiple
locations
Immigration Compliance Plan Secure and consolidate records E-Verify Social Security no-match letters Violations reporting and
investigations
Annual I-9 Self-Audits Prepare for government audit Identify errors for correction Identify training issues Contractual compliance
requirements Demonstrate good faith compliance
and avoid fines/penalties
Post-Audit Implementation Plan Conduct Training Ensure Corrections are Made Review Audit Report Implement Procedural Changes Store I-9 Audit Records Maintain Ongoing Project Attitude
Response Plan for Government Audits and Enforcement Actions (RAIDS)
Training of Employees Designation of Company Point of
Contact Immigration Attorney Criminal Defense Attorney
Q & A
"Immigration law is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold."
- USCIS spokeswoman Karen Kraushaar
Immigration Counsel Develop written compliance plans
and audit safeguards Conduct third-party compliance
audits Develop contractor compliance
and termination policies
Immigration Counsel Conduct training and reviews Advise before immigration-related
hiring or firing Defend against enforcement actions Keep you updated on changing rules
Legal Notice
Facts of individual situations differ.
The information provided here is general in nature and should not be relied upon for specific situations.
Consult with an experienced immigration attorney to ensure compliance.
Thank You!
Badmus Law Firm
12700 Park Central Drive
Suite 1910
Dallas, Texas 75251
469-916-7900 Telephone
469-916-7901 Facsimile
www.badmuslaw.com
annbadmus@badmuslaw.com
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