Acme Pools Inc. is in the business of installing and
maintaining custom designed pools. The business was started by Harry Acme with
a shovel and a pickup truck in January of 1980. Last year, the corporation
reported earnings of $25 million. The shares of the corporation are owned
equally by Harry and his wife, Wanda. Harry runs the day-to-day operations and
Wanda is the part time bookkeeper. Sam, their son, supervises the pool
installations. Although the company maintains a year round staff of seven
employees, its payroll swells to 27 full and part time workers between March
and October. Of the 20 additional employees who are hired during the busy
season, 15 are returning workers and five are new hires.
1.
Assume Harry has been working continuously for
the company since 1980, what are his personal I-9 requirements?
a. He does not need any I-9 because he began
working before November 6, 1986
b. He does not need an I-9 because he is the
owner/shareholder of the company.
c.
He will need an I-9 because every employee,
including the owner, needs an I-9.
2.
Assume Wanda began working for the company in
1980, worked for three years and then left to raise a family, returning to the
business in 2007.
a.
She
will need to complete an I-9 when she returns to the business in 2007
b.
She will not be required to complete an I-9
because she started working before November 6, 1986
c.
She will not be required to complete an I-9 because
she is a shareholder in the corporation and her husband has actual knowledge
that she is a US citizen
3.
Their son, Sam, began working part time for the
business in 2000 during his junior year in high school and then full time after
graduation.
a. He will need an I-9 when he begins part
time employment
b.
He will only need an I-9 when he starts full
time employment
c.
He will not need an I-9 because he is the son of
the owners/shareholders who have actual knowledge of his citizenship status.
4.
Assume ACME had three full time workers on its
payroll in 1990 when Harry incorporated the business, changing its name from
Acme Pools to Acme Pools Inc., and obtaining a new tax ID number.
a.
ACME will need to complete I-9s for its
employees because the corporation is a new employer with a new tax ID number
b. ACME will not need new I-9s because it is a
successor employer
5.
Harry hires Helen Roth to serve as a part time
Human Resources Manager in 2000. Helen works part-time from October to May and
full time from May to October.
a. Helen can prepare and sign the I-9 forms of
all employees as a representative of the employer
b.
Helen can prepare the I-9s but not sign them
because she is not a full time designated representative of the employer
c.
Helen can prepare the I-9s and use a company
stamp to substitute as her signature
6.
Which of the following documents are satisfactory
to comply with the I-9 requirements?
a.
An expired U.S. passport alone
b.
A Driver’s license alone
c.
A Driver’s license and US passport
d.
A social security card and US passport even if
the social security card says “Not Valid for employment”
e. A driver’s license and a social security
card
f.
A receipt from USCIS showing the applicant has
applied for a work card
g. A ”pink” green card with no expiration date
h. An I-94 endorsed with the words “Employment
Authorized”
i.
A
foreign passport with the stamp “I-551” and the words “temporary proof of
permanent resident”
j.
A
green card with a misspelled name
7.
If ACME rehires the same 15 employees every
year,
a. ACME will not need to complete a new I-9
but can merely complete the “rehire section”
b.
ACME will need a new I-9 every year
c. ACME will need to determine if the prior
qualifying documentation is still valid
8.
Jose shows up at ACME in January of 1995 with a
“green card” with no expiration date. The photo is clearly Jose although the
birthdate on the card says he is 23 and Jose barely looks 17.
a.
ACME cannot accept the “green card” because it
has no expiration date
b.
ACME can accept the green card for up to 90 days
while Jose applies for a current version of the form
c.
ACME can accept the card only if it can confirm
Jose’s date of birth by another means
d. ACME should accept the green card, complete
the I-9 and start Jose’s employment
9.
Jose becomes ACME’s most valuable employee.
Within 5 years, he is supervising the work crews while Sam sleeps in the truck.
He comes to Harry on December 1, 2000 and asks Harry to sponsor him for a green
card.
a.
ACME can start the sponsorship process because
Jose is legally employed with a valid I-9
b. ACME may be liable for civil penalties if
it starts the process because Jose has already presented a green card and now
ACME has actual knowledge that the card is invalid
c.
If ACME does sponsor Jose it may be liable for
criminal sanctions if Jose turns out to be working without authorization
d.
The Dept of Labor will cross check Jose’s I-9
and social security number and reject the application of Jose is not authorized
to work.
10. Assume
an ICE agent drops by ACME and demands all current I-9s. What should Harry do?
a.
Offer the ICE agent a cup of coffee and get the
I-9s
b. Tell the ICE agent to come back later and
call a lawyer
c. Review his current I-9s and correct, date
and initial any errors
11. If
the ICE agent discovers the following deficiencies in the I-9s, which will likely
result in fines?
a. The employer has made a photocopy of the
employees US passport and attached it to the I-9 but not filled in the
information on Section 2, List One
b. Helen has affixed a company stamp tot the
certification but not signed the form
c. The employee has indicated she is a
permanent resident but not provided the A# in Section 1
d.
The employee has completed section one, provided
the A# but not provided a green card (providing instead a driver’s license and
social security card)
e. ACME routinely destroys I-9s one year after
an employee leaves or is terminated from employment
12. Assume
the ICE agent charges ACME with $1000 in fines for each violation, totaling
$95,000 in fines, what should Harry do?
a.
Blame it on Helen and fire her
b.
Pay the fines and sign a consent order that
acknowledges liability and promises to refrain from future such actions in the
future
c. Retain an attorney and negotiate the fines
d. Retain an attorney and fight the fines in
an administrative proceeding
e.
Agree to use E-Verify in the future to mitigate
fines.
13. Assume
the ICE agent notifies ACME that Jose is working without authorization
a.
ACME will be subject to criminal penalties
b.
ACME will be subject to civil penalties
c. ACME can likely escape any penalties by
discharging Jose
14. Jose
leaves ACME and starts his own pool installation service. He comes to Harry and
asks Harry to hire his crew as independent contractors to install pools during
the busy season.
a.
Harry cannot hire Jose or his employees because
he has actual knowledge that Jose is working without authorization
b. Harry can hire Jose’ people as an
independent contractors because he is not responsible for nonemployees
c.
Harry can hire Jose’s workers if Jose provides Harry
with properly completed I-9 forms
15. Debbie
is a graduate student in architecture at SUNY Stony Brook. She comes to Helen
with her Bachelor’s degree in Civil Engineering from Canada and her class
schedule for the current semester along with an Employment Authorization
Document (EAD, work card) which is valid for six more months.
a. ACME can hire Debbie because she has an EAD
b.
ACME cannot hire Debbie as a Civil Engineer but
they can hire her as an Architect
c.
ACME cannot hire Debbie as an architect but they
can hire her as a civil engineer
d.
ACME cannot hire Debbie because they really do
not need an Architect or a Civil Engineer
e.
ACME can hire Debbie as an architect or a Civil
Engineer as long as they pay her the prevailing wage.
16. Debbie
wants to work for ACME after her EAD expires in 6 months. Can she get an
extension of her EAD?
a.
No because she is not working in a STEM field
b. No because ACME does not use E-Verify
c.
No because Debbie is studying Architecture which
is not a STEM field
d.
Yes because she qualifies for a 17 month STEM
extension
e. ACME is wasting time with the EAD card when
she is eligible for a TN visa if she is a Canadian citizen
17. Assume
ACME files an H-1B on April 1, a month before the EAD expires, how long can
Debbie work?
a.
Until the expiration date of her EAD
b. Until October 1, the start date of her H-1B,
assuming the application is accepted and not denied.
c.
Debbie cannot be sponsored by ACME for an H-1B
until she has received her Masters degree in Architecture
18. Assume
ACME hires Debbie as a Civil Engineer on an H-1B, which of the following are TRUE?
a.
ACME will have to hire Debbie on a full time
basis
b. ACME will have to pay Debbie the prevailing
wage
c.
ACME will not be able to hire Debbie if other
qualified workers US workers apply for the job
d.
ACME will not be able to sponsor Debbie for a
green card since the H-1B is only for temporary workers.
e. If ACME sponsors Debbie for a green card
they may be able to extend her employment indefinitely.
19. If
ACME elects to hire Debbie as a permanent employee, which are the following are
TRUE?
a.
ACME will need to undergo a “supervised recruitment”
process to confirm to the satisfaction of the Department of Labor that Debbie
that there are no qualified US workers for the job at the prevailing wage in
the intended area of employment.
b. If any qualified US workers apply for the
job, the Labor Certification application will be denied.
c.
If ACME terminates Debbie’s employment, it will
necessarily stop the Labor Certification process
d.
The Labor Certification process will take longer
depending upon Debbie’s country of origin.
e.
After the Labor Certification process is
complete, Debbie will be able to extend her period of authorized employment
20. Which
of the following are TRUE about E-Verify
a. It only applies for employees who are hired
after the employer joins the program
b.
The employer may include any employees hired
prior to joining E-Verify provide it includes all present employees.
c.
E-Verify allows employees to dispense with the
completion of I-9s
d.
E-Verify is required for all employers who are
federal contractors.
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