NEW EMPLOYEE BOB EVNEN, Woods & Aitken LLP
For help with Form I-9 proce- dures or instructions on how to conduct a self-audit, contact your counsel or call the HR Helpline at 855.277.5575. We’ll be happy to provide you with assistance.
ELIGIBILITY FORM FOR ALL NEW HIRES
As of January 22, 2017, all employers are required by the U.S. Citizenship and Immigration Services (USCIS) to use the new Form I-9 with a revision date of “11/14/2016 N.” Form I-9 is used to verify the identity and employment autho- rization of individuals hired for employment in the United States. Since 1986, all U.S. employers have been required to insure proper completion of Form I-9 for each individual they hire for employment in the United States, including cit- izens and noncitizens. Both the employee and the authorized representative of the employer must complete the form. The new form is designed to be easier to use and to reduce common errors, and is easier to complete using a computer.
Online form available. Employers have the choice of using the online fillable Form I-9 or the paper I-9 Form. (Note: Employers who use the online fillable form must still print out the Form I-9 to sign and retain as required.) Employ- ers may print out the Form I-9 and complete it manually if they choose. It’s no surprise that instructions for completing the form have increased from six pages to 15.
“Smart” updates. The “Smart” updates to the online form are designed to make it easier to complete on a computer. These updates include drop down lists and calendars for filling in dates, on-screen instructions for each field, access to full instructions and an option to clear the form and start over. When the completed form is printed, a quick response code is automatically generated which can be read by most QR readers and the U.S. Immigration and Customs Enforcement auditors.
In-person review requirement. The new Form I-9 still requires a representative of the employer to verify employment eligibility in the physical presence of the individual being verified and also requires the employer’s representative to review in person the documents being presented. The USCIS regulations specifically state that using FaceTime or Skype for the new hire verification process is not permitted.
Not required for existing employees. Employers are not required to complete the new I-9 Form for existing employees unless reverification of employment is nec- essary as a result of the expiration of a worker’s employment authorization.
Fines. Errors on the Form I-9 can be expensive, including using an expired version of the form. For each Form I-9 paperwork violation the fine range has almost doubled (effective December 23, 2016), from $110-$1,100 before, to $216-$2,156 today.
Summary. The Trump administration has stated its intent to focus on immigra- tion enforcement so it is imperative for INEDA members to review their employ- ment verification procedures to confirm that they are clear, compliant and con- sistently followed. This includes using the new I-9 Form and regular self-audits of Form I-9 documents to identify and rectify non-compliant forms. Self-audits have become a required component of the program. In the event of a govern- ment inspection, expect the inspectors to ask about self-audit procedures.
24 | The Retailer Magazine | Mar/Apr
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32
