off the mat
Be Prepared for Possible Audit with Revised I-9 Employment Verification Forms With the New Year upon us, it’s a good time to get your house in order and review your hiring policies. One of those policies that bears scrutiny is your I-9 Employment Verification Process. In 1986, Congress passed the Immigration Reform and Control Act, which sought to close the door to illegal entry of immigrants and levied sanctions on employers for violating the law. The Act requires employers to verify the identity and work authorization of all their employees—citizens and non-citizens alike. All employers must have each employee complete an I-9 form. The Form I-9 requires an employee to provide certain specified documentation to prove his identify and attest that he is properly authorized to work in the United States. The employer is obligated to examine the documentation to determine whether the documentation appears to be “reasonably genuine,” and belongs to the employee. The employer is also required to record the information, retain it and make it available for inspection by the government on a minimum of three day’s notice.
W
Revision, Enforcement
Effective Jan. 22, 2017, employers must use the revised Form I-9 (edition dated Nov. 14, 2016) to verify the identity and work eligibility of every new employee hired after Nov. 6, 1986. (Employees already employed will only have to re-fill out a form if re-verification is determined to be required.) This revised form will expire Aug. 31, 2019, and the government should issue a new one. The revised form aims to reduce the technical errors for which employers may be fined. Some of the changes include: • field validation to ensure data is entered correctly; • dropdown menus; • embedded instructions for completing each field; • the requirement for a worker to provide “other last names used” rather than the
54 // FEBRUARY 2017
current requirement to provide “all other names used;” • separation of the instructions from the form (Note: employers are still required to provide the employee with the instructions); and • creation of a QR code, which is a bar matrix code that generates once the form is printed, and will streamline enforcement audits. U.S. Immigrations and Customs Enforcement (ICE) is responsible for enforcing the immigration laws. ICE knows that most employers do not have a compliant process for preparing, maintaining and disposing of the forms. Failure to have a policy that addresses all the aspects of this law puts an employer at risk for civil and criminal enforcement. An effective Form I-9 compliance policy can prevent potential liability and mitigate potential violations. Fines for I-9 errors can be steep and accumulate quickly because they can be assessed per error. As an employer, you can mitigate your risk by making sure your policy addresses the proper preparation of the I-9 forms, the maintenance of those forms and their disposal. Here are some tips that address the most common errors in each of the three aforementioned areas.
Preparation
• Make certain that you are using the most current Form I-9. As previously noted, the Form I-9 was revised and employers were to begin using it Jan. 22, 2017. • Make certain that the form is fully completed correctly, double checking that the information is legible, your dates are correct, no signatures are missing and all boxes are completed. The revised form is more computer friendly and easier to complete on a computer, including drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over.
USCIS Form I-9
Employment Eligibility Verification Department of Homeland Security U.S. Citizenship and Immigration Services
OMB No. 1615-0047 Expires 08/31/2019
►START HERE: Read instructions carefully before completing this form. The instructions must be available, either in paper or electronically, during completion of this form. Employers are liable for errors in the completion of this form.
ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination.
Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.) Last Name (Family Name)
Date of Birth (mm/dd/yyyy)
Middle Initial
First Name (Given Name) Apt. Number
Address (Street Number and Name)
U.S. Social Security Number -
Other Last Names Used (if any) State
City or Town
ZIP Code
Employee's Telephone Number
Employee's E-mail Address
-
I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form. I attest, under penalty of perjury, that I am (check one of the following boxes): 1. A citizen of the United States 2. A noncitizen national of the United States (See instructions) 3. A lawful permanent resident
(Alien Registration Number/USCIS Number):
4. An alien authorized to work
until (expiration date, if applicable, mm/dd/yyyy):
Some aliens may write "N/A" in the expiration date field. (See instructions) QR Code - Section 1 Do Not Write In This Space
Aliens authorized to work must provide only one of the following document numbers to complete Form I-9: An Alien Registration Number/USCIS Number OR Form I-94 Admission Number OR Foreign Passport Number. 1. Alien Registration Number/USCIS Number:
OR
2. Form I-94 Admission Number:
OR
3. Foreign Passport Number: Country of Issuance: Signature of Employee
Today's Date (mm/dd/yyyy)
Preparer and/or Translator Certification (check one): I did not use a preparer or translator.
A preparer(s) and/or translator(s) assisted the employee in completing Section 1.
(Fields below must be completed and signed when preparers and/or translators assist an employee in completing Section 1.) I attest, under penalty of perjury, that I have assisted in the completion of Section 1 of this form and that to the best of my knowledge the information is true and correct. Today's Date (mm/dd/yyyy)
Signature of Preparer or Translator Last Name (Family Name) Address (Street Number and Name)
First Name (Given Name) City or Town
State
ZIP Code
Employer Completes Next Page Form I-9 11/14/2016 N
Page 1 of 3
The Form I-9 has been revised. Employers are to use the new form as of Jan. 22, 2017. • Train your managers on what constitutes proper documentation and how to recognize if it is “reasonably genuine.” • Educate your managers on the importance of asking for the right identifying documents from the lists, A, B and C, of acceptable identifying documents. Asking for too many may expose you to claims of discrimination and asking for too few may result in an incomplete Form I-9. Also, be aware of what you can and cannot ask for. For instance, providing a Social Security number on Form I-9 is voluntary for all employees unless you are an employer participating in the USCIS E-Verify program. • Complete the Form I-9 in a timely manner. Forms must be completed within three (3) days of the employee’s first day of work, including the employee completing section one, providing the identifying documents and having those documents verified. If re-verification is required, employers must have a system to track and update the employee’s information and supporting documentation.