Equifax, Inc. · NYSE:EFX
Equifax — The 2023 I-9 Rollercoaster webinar
31 slides from Equifax's conference presentation, 2023
Slide 1: The 2023 I-9 Rollercoaster: Top Form I-9 Updates
The 2023 I-9 Rollercoaster: Top 5 Form I-9 Updates and Tips to Help You Prepare for 2024 PROPRIETARY | 1
Slide 2: To keep our lawyers happy
To keep our lawyers happy The information provided herein is intended as general guidance and is not intended to convey specific tax or legal advice. For a legal opinion, please consult your lawyer. This presentation is intended for the education and benefit of our customers and potential customers. T
Slide 3: Today's Presenters
Today’s Presenters Allison Delfino John Fay Director, Employer Services Training Director, Product Strategy Equifax Workforce Solutions Equifax Workforce Solutions PROPRIETARY | 4
Slide 4: To set the stage for today's discussion…
To set the stage for today’s discussion… PROPRIETARY | 5
Slide 5: Today's Agenda: Year in Review
Today’s Agenda: Year in Review 2023 1. Changes in I-9 Documentation 2. Review of I-9 Penalty Decisions 3. End of COVID Era I-9 Flexibilities 4. New Virtual Document Review 5. E-Verify Developments But wait, there’s more…. • How Equifax Can Help • Questions and Answers PROPRIETARY | 6
Slide 6: Changes in I-9 Documentation
Changes in I-9 Documentation (For Lawful Permanent Residents)
Slide 7: New Green Card Design for 2023
New Green Card Design for 2023 Old (2017) New (2023) Source: https://www.uscis.gov/newsroom/news-releases/uscis-redesigns-green-card-and-employment-authorization-document PROPRIETARY | 9
Slide 8: Can you ever accept an expired green card for Form I-9 purposes?
Can you ever accept an expired green card for Form I-9 purposes? *Refer to the Employment Authorization Extensions page on I-9 Central for more information. PROPRIETARY | 10
Slide 9: Form I-9: Expired Green Card Scenarios
Form I-9: Expired Green Card Scenarios Expired green card New in 2023: Extended Time Frames Type Form I-9 Use How long? Reverification Extension List A Up to 24 months ? No reverification (I-90) + Naturalization List A Up to 24 months No reverification I-797 Receipt (N-400) Removal of List C Up to 48 M
Slide 10: Call to Action: I-9 Documentation
Call to Action: I-9 Documentation 1. Review your internal I-9 training Tip: Visit I-9 Central for the latest I-9 2. Ensure you’re keeping up with Policy Changes latest I-9 policy updates https://www.uscis.gov/i-9-central 3. Consider document review alternatives PROPRIETARY | 12
Slide 11: Review of 2023 I-9 Penalty Decisions and Settlements
Review of 2023 I-9 Penalty Decisions and Settlements
Slide 12: The Case of Good Faith, Too Late
The Case of Good Faith, Too Late Summary Notable Issues Issued: August 29, 2023 ● 100% error rate for 55 I-9s (both current and recently Industry: Oil and Gas terminated employees) Total Penalties: $83,500 Per I-9 Fine: Variable ● Company completed new I-9s for all current based on error type employ
Slide 13: The Case of Unfair I-9 Practices
The Case of Unfair I-9 Practices Summary Notable Issues Issued: November 20, 2023 ● DOJ alleged that companies routinely required Lawful Industry: Transportation Permanent Residents and non-citizens authorized to work to produce List A documents Total Penalties: $700,000 Per I-9 Fine: N/A ● DOJ init
Slide 14: The Case of the Large Potential Penalty
The Case of the Large Potential Penalty Summary Notable Issues Issued: Sept 20, 2023 ● More than 2,000 alleged I-9 violations for failure to Industry: Staffing ensure proper completion of the I-9s, or, in the alternative, failure to prepare the I-9s Total Penalties: $5.7 million Per I-9 Fine: N/A ● IC
Slide 15: Call to Action: I-9 Remediation
Call to Action: I-9 Remediation 1. Consider an I-9 Self Audit Tip: the agencies have published 2. Correct issues before an investigation guidance on conducting a self audit https://www.justice.gov/crt/file/7982 3. Look for potential pattern or practice 76/download violations An important factor in as
Slide 16: The End of COVID Era I-9 Flexibilities
The End of COVID Era I-9 Flexibilities
Slide 17: COVID Virtual I-9 Flexibilities Come to an End
COVID Virtual I-9 Flexibilities Come to an End COVID-19 Virtual Policy Ends Employers instructed to complete any as of July 31, 2023 necessary follow-up inspections Employers taking physical proximity On May 4, 2023, Immigration and Customs precautions due to COVID-19 were Enforcement (ICE) announce
Slide 18: COVID Follow-up Inspections: Key Takeaways
COVID Follow-up Inspections: Key Takeaways Scope of Review Follow-up Inspections Different Documentation Good Faith Efforts Only applies to I-9 If a different reviewer is Employees can present ICE has encouraged documents that were used, ICE prefers a new different documentation employers to conduct ins
Slide 19: Call to Action: COVID-19 Follow-up Inspections
Call to Action: COVID-19 Follow-up Inspections 1. Ensure you’ve completed all of your follow-up inspections 2. Take advantage of a potential “good faith” exception before too much time passes 3. Annotate I-9s of terminated employees whose documents could not be inspected PROPRIETARY | 22
Slide 20: Virtual I-9 Process (Alternative Procedure for Inspecting Documents)
Virtual I-9 Process (Alternative Procedure for Inspecting Documents)
Slide 21: Virtual Review and the New Form I-9
Virtual Review and the New Form I-9 Effective August 1, 2023, qualifying employers may use an alternative procedure for examining Form I-9 documents virtually in lieu of a physical in-person inspection Virtual Key Requirements New Form I-9 Must use E-Verify at participating Sections 1 and 2 are on on
Slide 22: Implementing Virtual Review
Implementing Virtual Review Non-discriminatory document review Determining when documentation is reasonably genuine while avoiding improper rejections Timely I-9 completion Ensuring that all of the new requirements occur in the right order Requirements that are and on-time (upload, examination, live
Slide 23: Call to Action: New Virtual Option
Call to Action: New Virtual Option 1. Review the requirements and overall workflow 2. Decide if it’s right for your organization 3. Devise a plan for implementation (and consider an outsourcing option) PROPRIETARY | 26
Slide 24: E-Verify Obligations on the Rise
E-Verify Obligations on the Rise
Slide 25: E-Verify Developments in 2023
E-Verify Developments in 2023 State Laws SSA Referred Cases E-Verify Good Standing Florida now requires E-Verify mismatch (TNC) In order to use the virtual E-Verify for private cases referred between review process, employers employers with 25 or March 2, 2020 and July 14, must remain in “good more
Slide 26: Call to Action: E-Verify Obligations
Call to Action: E-Verify Obligations 1. Check for pending TNCs and FNCs to ensure timely resolution 2. Review your organization’s overall E-Verify process 3. If not using E-Verify across the organization, review state requirements PROPRIETARY | 29
Slide 27: I-9 Anywhere Employer Features
I-9 MANAGEMENT: I-9 ANYWHERE® I-9 Anywhere Employer Features I-9 Anywhere helps you: Simplify workflows Engage local and/or virtual completers More safely capture documents Standardize the Form I-9 completion process PROPRIETARY | 30
Slide 28: How It Works For Your Employees
I-9 MANAGEMENT: I-9 ANYWHERE® How It Works For Your Employees Virtual I-9 completion with I-9 Anywhere is as easy as 1,2,3… 1 Complete Section 1 from any device 2 Easily upload verification documents 3 Join video call with virtual completer PROPRIETARY | 31 *Screenshots are for illustrative purposes
Slide 29: Help to Gain Greater Confidence in Your Form I-9s
I-9 MANAGEMENT: I-9 INSPECT® Help to Gain Greater Confidence in Your Form I-9s I-9 Inspect helps you review your Forms I-9 that have been digitally converted to help you detect and prioritize potential issues while simplifying the process of making your corrections and helping you reduce your organiz
Slide 30: Q&A
Workforce Solutions PROPRIETARY | 33
Slide 31: Next Steps: Survey, Contact, Connect
Next Steps 1 SURVEY 2 CONTACT 3 CONNECT Complete the survey Want to talk to someone Subscribe to Let’s Talk HR for updates: through the webinar about your I-9s or onboarding workforce.equifax.com/insights console processes? Click on the “Want to Get In Touch” button on your webinar console or contac