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Worksite Enforcement and Immigration Conference
Tuesday, April 28, 2015
1:30 pm - Wednesday, April 29, 2015
5:00 pm
Tuesday: 1:30 pm – 5:00 pm
Wednesday: 8:30 am – 5:00 pm
9th Annual, Award-Winning
Presented by the Federal Bar Association’s
National Immigration Law Section and the Chicago Chapter
[one_half]
Program Co-Chairs
Marketa Lindt
Sidley Austin LLP
Peggy McCormick
Minsky, McCormick & Hallagan, P.C.
Questions?
Contact Nicole Lopez
(312) 427-6163
info@fedbarchicago.org
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Register by April 21, 2015
Late registration accepted until April 24, 2015 at 5:00 pm.
Walk-in registration will not be accepted.
On November 20, 2014, the President announced a number of executive actions offering temporary benefits, including employment authorization, to millions of unauthorized workers. Set to be implemented over the next several months, there are a number of policy considerations that employers will need to address as workers come forward with new employment authorization. At the same time, the Obama Administration has continued to pursue employers aggressively in the workplace, imposing criminal and civil penalties. Moreover, the increased use of E-Verify and electronic I-9 systems have created questions and implications for human resource professionals and lawyers who counsel them.
This year, our 9th Annual FBA Worksite Enforcement Conference will include a special half-day program designed for human resource professionals in addition to our full day program. Our program will feature nationally recognized speakers from the private bar, human resource and corporate law department representatives, government officials in charge of enforcement, and immigration policy experts. The conference will review the on-going administrative immigration enforcement with analysis of some of the unintended consequences of excessive compliance. As more and more employers, both large and small, are learning the implications of an ICE audit, this program is a must for immigration and employment lawyers offering counsel on these important issues.
HALF-DAY HUMAN RESOURCES PROGRAM
Tuesday, April 28
1:30 – Tips and Strategies for Surviving an ICE Form I-9 Inspection
- What happens during an ICE I-9 inspection and how to respond
- Latest guidance on I-9 inspections involving electronic I-9 systems
- Lessons learned from recent penalty decisions
Eileen Momblanco, Laner Muchin Ltd., Chicago, IL
Derek Strain, Minsky, McCormick & Hallagan, P.C., Chicago, IL
2:15 – The Future of I-9 Compliance: Electronic I-9s, E-Verify, and Integrated HR Functions
- Evaluating I-9 software vs. a traditional paper process
- Benefits and risks of electronic I-9 completion and storage
- Best practices for integrating I-9, E-Verify, and employee onboarding functions
- Latest updates on E-Verify monitoring and compliance activities
F. Daniel Siciliano, Professor of the Practice of Law and Associate Dean, Stanford Law School, Palo Alto, CA
John Fay, General Counsel, LawLogix, Phoenix, AZ
Beth Shelly, Vice President, HR Policies and Procedures, T. Rowe Price Associates, Inc., Baltimore, MD
Nicole A. Wetmore, Senior Manager, Global Immigration Compliance, EMC, Hopkinton, MA
3:30 – Break
4:00 – How to Handle Tricky I-9 Situations and Improve Your I-9 Compliance Efforts
- I-9s for H-1B portable employees, F-1s (OPT, on-campus, CPT, OPT extensions)
- Remote employees
- Mergers & Acquisitions and other corporate changes
- Internal audits and remediation
Marketa Lindt, Sidley Austin LLP, Chicago, IL
Daniel Brown, Fragomen, Del Rey, Bernsen and Loewy, Washington, D.C.
Natalie Coover, People Services I-9 & E-Verify Compliance Manager, Accenture, Phoenix, AZ
FULL DAY WORKSITE ENFORCEMENT PROGRAM
Wednesday, April 29
8:30 – Obama’s Executive Action and Worksite Compliance
- Policy and politics of immigration in Washington, D.C.
- Update on litigation challenges to executive action
- Impact of executive action on U.S. employers and workforce
- Implementation issues for executive action
Margaret H. McCormick, Minsky, McCormick & Hallagan, P.C., Chicago, IL
F. Daniel Siciliano, Professor of the Practice of Law and Associate Dean, Stanford Law School, Palo Alto, CA
Lucas Guttentag, Senior Counselor to the Director of U.S. Citizen and Immigration Services, Washington, D.C.
David W. Leopold, David Wolfe Leopold & Associates Co., LPA, Cleveland, OH
9:30 – Civil and Criminal Enforcement Update
- Current trends in criminal immigration-related enforcement
- Update on trends in civil and administrative I-9 proceedings
- Update on seminal cases, including Infosys and 7-11
Donald Boucher, Washington, D.C.
Marketa Lindt,Sidley Austin LLP, Chicago, IL
Paul W. Virtue, Baker & McKenzie LLP, Washington, D.C.
10:30 – Break
10:45 – OCAHO Update
Eileen Scofield, Alston & Bird LLP, Atlanta, GA
Hon. Ellen K. Thomas, Administrative Law Judge, OCAHO, Washington, D.C.
11:15 – Reverifying the Workforce
- I-9 Self Audit, Notice of Suspect Documents, and Mergers & Acquisitions
- Potential outcomes and best practices
- Union considerations
- Avoiding OSC liability
Sharon R. Mehlman, Mehlman Barnes LLP, San Diego, CA
Daniel Brown, Fragomen, Del Rey, Bernsen and Loewy, Washington, D.C.
Alberto Ruisanchez, Deputy Special Counsel of the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the Justice Department’s Civil Rights Division, Washington, D.C.
12:15 – LUNCH
- Box lunch provided
1:00 – Negotiating with ICE
- Production of documentation
- Notice of Suspect Documents
- Paperwork violations and statutory factors
- Payment plans
Marcine A. Seid, Law Offices of Marcine A. Seid, Palo Alto, CA
Wendy Padilla-Madden, Baker Donelson, Birmingham, AL
Eileen Momblanco, Laner Muchin, Ltd., Chicago, IL
2:00 – Counseling Corporate Compliance in a Time of Administrative Transition
- Considerations for corporate compliance in light of executive action
- Constructive knowledge issues relating to DACA and DAPA, including assisting employees and enforcing honesty policies
- Issues relating to third-party background check vendors
- Compliance considerations for employing contract workers
Paul Zulkie, Zulkie Partners LLC, Chicago, IL
Margaret Stock, Cascadia Cross Border Law, Anchorage, AK
Lindsay Chichester Koren, Senior Associate Counsel, Director of Ethics and Compliance, Darden, Orlando, FL
3:00 – Break
3:15 – Looking Forward: New Potential Liability for Employers from Executive Action and Empowered Department Of Labor
- New DOL working group on employer enforcement
- New U and T categories for collaboration with DOL Wage and Hour Division
- Provisions encouraging labor organizing
- Potential for class actions and other employer liability arising from executive action
Geoffrey DeBoskey, Sidley Austin LLP, Los Angeles, CA
Kevin Lashus, Jackson Lewis P.C., Austin, TX
4:15 – The Evolving Workplace: Remote Hires, Electronic I-9s, and E-Verify
- Best practices for I-9 compliance in virtual office and remote hiring models
- Benefits and risks of electronic I-9 completion and storage
- Considerations for mandatory E-Verify and increased worker protections
John Fay, General Counsel, LawLogix, Phoenix, AZ
Charles M. Miller, Miller Law Offices, Studio City, CA
Natalie Coover, People Services I-9 & E-Verify Compliance Manager, Accenture, Phoenix, AZ
*Invited, not confirmed
American Immigration Lawyers Association
AILA members may register at the same rate as FBA members. Select AILA member registration.
MCLE
FBA Chicago will be applying for accreditation for at least 7 Illinois MCLE credit hours. Continuing legal education credits for other states must be handled by individual attendees.
Security
Because of building security considerations, no registrations will be accepted after April 24, 2015 at 5:00 pm. Walk-in registrants will not be accepted. State-issued photo identification must be presented to building security in order to gain access to the seminar—no exceptions.