No relief for employers with remote workforces – which means that the person who completes Section 2 must see the new hire in person, the original documents presented for Section 2, and record the documents in Section 2. No Skype, no Facetime, no WhatsApp, no Instagraming, no scanning and no faxing. The U.S.C.I.S. seem to be saying that employers need to keep their employees’ I-9 forms, whether or not they start to work or ever receive a paycheck. In addition, the M-274 lays out new instructions for documentation, which must be retained when the employer files an extension for an eligible employee. The handbook also contains a provision for the retention of I-9s, one that is, in fact, inconsistent with the rules put forth by the ICE. The revised M-274 is a hefty handbook, running roughly 69 pages cover to cover.
- Instructions have been beefed up to 15 pages from six, so that it can give users more guidance, and the acceptable documents list and retention requirements have remained the same.
- Thus, employers choosing to utilize the new smart form must print a copy of the form and proceed with their normal signing, storing, and reverification practices for paper Forms I-9.
- “Now for example, if you have an employee present a U.S. passport which is recorded in the List A column, you do not need to write N/A in all of the fields in the List B and C columns.”
- Both documents are acceptable for Form I-9, Employment Eligibility Verification, purposes.
In addition to making sure normal balances properly complete Section 1, you must accurately fill out Section 2, review all documents presented by the employee and sign and date the form. HRdirect’s I-9 and W-4 app walks you through an automated, online authorization process to ensure you meet all federal recordkeeping requirements and avoid costly mistakes. It makes it easier than ever to complete the forms online and remain fully compliant. Form I-9 is used to verify the identity and employment eligibility of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. USCIS also made changes to Section 2 of the Form I-9 by adding two additional fields of information to be completed.
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Enter the date that is 540 days from the “Card Expires” date on the EAD as the expiration date of employment authorization. To calculate that date, you may use the EAD Automatic Extension Calculator on I-9 Central. Of note, USCIS cautions employers that the added electronic capabilities do not alter the requirements that forms be printed, signed, stored and re-verified pursuant to existing regulations. In the newly updated Form I-9, USCIS added Eswatini and North Macedonia to the Country of Issuance field in Section 1 and the foreign passport issuing authority field in Section 2 per those countries’ recent name changes.
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Earlier this year, United States Citizenship and Immigration Services announced a new version of Form I-9 Employment Eligibility Verification with an edition date of October 21, 2019. This development comes in the wake of a previous USCIS instruction directing employers to continue using the Form I-9 version with an expiration date of August 31, 2019 until a revised version was released. Immigration and Customs Enforcement Assistant Secretary John Morton announced the issuance of Notices of Inspection to 1,000 U.S. employers and business owners whose hiring records (Forms I-9) ICE plans to audit. Compared to previous years, this is a tremendous increase in ICE’s effort to actively deter unlawful employment practices and to uncover illegal alien workers.
Employee Retention Credit – What You Need to Know Now (as of 4/2/
An employer who fails to ensure proper completion and retention of Forms I-9 may be subject to monetary penalties and, in some cases, criminal penalties. Employers must maintain Forms I-9 during the employment and after termination for three years after the date of hire or one year after the date the employment ended, whichever is later. The new Form I-9 instructions also indicate that employers do not have to insert “N/A” into unused lists of recorded documents in Section 2 of the Form I-9. For example, there is no requirement to insert “N/A” in List B and C blanks, when List A is completed in Section 2.
For example, the employment authorization document issued by the U.S. Department of Homeland Security on List C will change from List C #8 to List C #7. According to the advance notice on the new I-9 form, the revised version has added additional countries to the Country of Issuance field in Section 1, among other minor changes which are only visible when completing the fillable Form I-9 on a computer. The online version of Form I-9 was designed in an effort to use technology in helping to assist employees and employers in the I-9 process. However, reviewing documents with a new employee using Facebook or Skype is not allowed under the terms of the new form. Sheppard Mullin’s Labor & Employment Law Blog is designed to provide employers with breaking news, insights, and legal analysis on virtually every labor and employment law issue facing employers.
New Form I-9 Released by U.S. Citizenship and Immigration Services
USCIS issued new or corrected I-797, Notice of Action, receipt notices to certain individuals who did not initially receive information about the up to 540-day Employment Authorization Document auto-extension period. The OSC can help workers by calling employers and explaining proper verification practices and, when necessary, by providing victims of discrimination with charge forms. Upon receipt of a charge of discrimination, OSC investigations typically take no longer than seven months.
In Section 1, the “other names used” field was replaced with “other last names used” to increase privacy for transgender individuals and others who have changed their first names. Employers should continue to follow existing storage and retention rules for any previously completed Form I-9. The phrase “the end of” will be removed from the phrase “the first day of employment.” The Consular Report of Birth Abroad (Form FS-240) will be added to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9. All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) are now combined into selection C#2 in List C.
While in the past this resource has been available as a downloadable PDF on the https://1investing.in/ website, it is now available as a web-based page. Printing the M-274 is still an option, but the resulting document is not paginated and lacks a table of contents, which makes finding information more difficult. There is, however, a “Table of Changes” describing alterations between the previous version of the handbook and the new revision. Clarifying who may act as an authorized representative and confirming that the employer will ultimately be liable for any violations related to the completion of the form or the verification process. Through increased fines and a proposed regulation defending its “no-match letter” program, the federal government continues to enforce the prohibition against illegal employment. A new List C Document was added as an acceptable document – a Consular Report of Birth for a U.S. citizen who was born abroad.
The new Form I-9 guides users throughout the process and incorporates various features – drop-down menus, hover text, and real-time error notifications – to allow users to reduce errors when completing the form. The new I-9 form also includes an alert that is triggered when the system detects that a field was left blank or incorrectly completed. And, the new smart form increases compliance by ensuring that the information provided by an individual employee is consistent with the citizenship or immigration status indicated by the employee in Section 1 of the form. The form automatically marks fields that do not apply to an employee’s selected status with “Not Applicable.” These employees can present their new I-797C receipt with their expiring or expired EAD with a Category Code of C-08 as a List A document that is valid for up to 540 days.
SEVP is a part of the National Security Investigations Division and acts as a bridge for government organizations that have an interest in information on nonimmigrants whose primary reason for coming to the United States is to be students. Get information about how to check in with your local ICE Office here. ICE identifies and apprehends removable noncitizens, detains these individuals and removes illegal noncitizens from the United States. The onerous “N/A” requirement is eliminated by clarifying that fields that do not apply may be left blank. If you have any questions, please contact the immigration professional with whom you work at Fragomen. Employers are already familiar with the term ”I-9 Central,” which is the nickname the U.S.C.I.S. uses to describe the online library of resources and tips available to help properly complete the new Form I-9.
These forms must be maintained for as long as the employee works for the employer and after termination of employment . Failure to properly complete and retain Forms I-9 may subject an employer to civil money penalties, and in some cases criminal penalties. Such Form I-9 issues are usually uncovered following a Department of Homeland Security worksite raid, audit, or even a random inspection. As drafted, the interim rule strictly defines what are acceptable identity and employment authorization documents for employers to use in completing the requisite I-9 employment eligibility verification process.
Citizenship status discrimination which is otherwise required to comply with law, regulation, executive order or government contract is permissible by law. Form I-9, officially the Employment Eligibility Verification, is a United States Citizenship and Immigration Services form. Mandated by the Immigration Reform and Control Act of 1986, it is used to verify the identity and legal authorization to work of all paid employees in the United States. Section 2 of the form collects, within 3 days of the employee’s hire, identifying information about the employer and information regarding the employee’s identity and employment authorization.
Failure to comply in utilizing the revised form for new hires by September 18th, 2017 can result in significant fines of up to $2,200 per violation if an outdated form is used. The Immigration Reform and Control Act of required employers to verify that all newly hired employees presented facially valid documentation verifying the employee’s identity and legal authorization to accept employment in the United States. The I-9 form, or more properly the Employment Eligibility Verification Form, is provided by the federal government for that purpose.
These workplace audits have already led to significant fines and debarment to the employers, as well as detention and deportation of illegal workers. In the Form I-9 instructions, USCIS clarified who can act as an authorized representative on behalf of an employer. Specifically, the employer may designate any person as an authorized representative to act of its behalf to complete Section 2. However, the employer is liable for any violations committed by the person designated by the employer in connection with the completion of the Form I-9 or the verification process. Employers are required to properly complete Form I-9 for each individual they hire for employment in the U.S.