Employers Must Start Using New Form I
However, a company could still find itself liable if it contracts work to a contractor it knows either is or employs unauthorized workers. News, trends and analysis, as well as breaking news alerts, to help HR professionals do their jobs better each business day. Clarification of who can act as an authorized representative on behalf of an employer. Thus, to avoid extra time and administrative hassle, it is important to get the right version of the form in use timely.
- Form I-9 is used to verify the identity and employment authorization of those hired to work in the United States.
- There are quite a few updates to the Handbook, most of which are again more about clarification than any guidance change.
- This section, if applicable, is completed at the time that the employee’s employment authorization and/or employment authorization documentation recorded in either Section 1 or Section 2 of the form expires.
- If the employee has not changed his or her name, the employer should enter N/A in each field of Block A.
- Reverification of employment eligibility must occur for every employee who checks the box in Section 1 indicating that they are “an alien authorized to work until” a specific date.
- Employers should not complete new Forms I-9 for employees already verified unless reverification is required.
On the paper version of Form I-9 (the unfillable version of Form I-9) only the version date and the Office of Management and Budget date have changed. Citizenship and Immigration Services published a new Form I-9, Employment Eligibility Verification that all employers must begin using on May 1, 2020. A Spanish-language version of the new Form I-9 is also available at /i-9 for use in Puerto Rico only. Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders.
It just means that the names and numbers did NOT match existing records. Indeed the vast majority of the time this occurs is due to data entry errors when submitting the form.
The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. The views set forth herein are the personal views of the author and do not necessarily reflect those of the Firm. In addition, employers that engage in a pattern or practice of hiring unauthorized workers may face criminal fines of up to $3,000 for each unauthorized worker, imprisonment for up to six months, or both.
Introduction Of A New Version Of Employment Eligibility Verification Form
The new form is accessible on the website, and older versions of Form I-9 are no longer available to the public. The new version of Form I-9 is not required for existing employees, since it pertains only to new hires joining a company on or after September 18, 2017. In general, there is no requirement for employers to make photocopies of the documentation provided by an employee to establish his or her identity and work authorization. However, if you do retain copies, you must do so consistently for all new hires. Section 1 covers things like the employee’s personal information, including their name, address, date of birth, Social Security number, and citizenship details. Employees (or their preparer and/or translator) must complete, sign, and date Section 1 on the first day of employment.
Failure to use the current form could subject an employer to fines and penalties. For example, an employer could not refuse to hire a candidate because his I-9 revealed that he was a non-citizen rather than a U.S. citizen.
Although USCIS publishes a Spanish language version of the I-9, the Spanish version is only authorized for use in Puerto Rico. All other employers must use the English Language version of the form. The Form I-9 is a document that Wisconsin employers (and all U.S. employers) must complete to verify the identity and employment authorization of every new employee hired after November 6, 1986, to work in the United States. Section 3 of the form is primarily used to verify the continued employment authorization of the employee. This section, if applicable, is completed at the time that the employee’s employment authorization and/or employment authorization documentation recorded in either Section 1 or Section 2 of the form expires.
It is familiar to anyone who has ever worked in the United States, or at least those who have worked in the United States after 1986. New employees must complete this form within three days of beginning employment, although this requirement is slightly different when a person is hired for fewer than three business days.
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. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.
“we Joined Employers Council When We Had A Specific Employee
Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice. The first two sections of Form I-9 must be filled out when you hire an employee. You only need to fill out the last section if you rehire an employee or need to update an employee’s information on the form.
So for example, the form will complain if you attempt to “finish” section 1 without entering all of the required fields. This is known as an enhanced or “smart” I-9, and it’s very important for employers to understand the benefits and limitations. The new Form I-9 features several important changes, including expanded instructions, the ability to add multiple preparers and translators, and additional data fields for both the new hire and the employer representative to complete. As briefly mentioned above, the USCIS is now also offering a “smart” version of the Form I-9 which offers basic error-checking capabilities. Normally, the employer must physically inspect the documents that new hires bring for their I-9 form within 3 days of their start date.
The Latest Changes To Form I
Here are some of the mistakes that we see both with employers that employ immigrants and those that don’t. The Department of Homeland Security (“DHS”) has issued another update to the Form I-9, Employment Eligibility Verification (“I-9 Form”). The new I-9 Form will become mandatory for employers to use with new hires and reverifications starting on September 18, 2017. All List C documents were renumbered, except the Social Security card.
If your employee is still authorized to work and his or her employment authorization documentation is still valid, enter the date of the rehire in the space provided in Section 3. This form helps employers determine that the individuals they hire are legally authorized to work in the United States.
Iii Use Of The Updated Form I
Because DHS has not indicated otherwise, it appears likely that this requirement applies to employees hired from April 3, 2009, forward and not to employees hired before that date. E-Verify is an electronic way of using those provided documents to instantly verify that an employee is indeed eligible to work in the U.S. You may or may not be required to use E-Verify, depending on if you have Federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause. That said, the government encourages use of E-Verify, so you know that you’re hiring a legal worker. It’s good to get going, because as of February 2018 a budget proposal from the President suggests it may be required as of October 2018. While that proposal doesn’t seem to be gaining traction now, that could change at any time.
Technical violations are “minor paperwork errors.” A few examples of technical violations include missing an address, having an incorrect birth year, and placing information in the wrong box or section. Always start with your employment legal counsel, but USCIS and DHS have provided a lot of documentation to try to make it easier for employers to maintain I-9 compliance. Know if you must comply, https://www.bookstime.com/ and if you’re required to use E-Verify. Don’t rely on articles on the internet (like this one!) for this very important information. Regulations vary based on your customers and other state and local requirements. Form I-9 is the primary document filed with DHS to prove that your employee is eligible. It incorporates both a component of identity validation, and right to work validation.
While Form I-9 is primarily used for this purpose, there is much more to it. Employers can have a completely legal workforce but still can incur big fines for paperwork violations. The government wants to make sure that all employers in every industry are following the correct I-9 procedures. As a result, the number of audits and penalties within organizations that did not employ any unauthorized workers is on the rise. Section 2 must be completed by the employer within three business days.
If you hire , anybody post May 1, 2020, you’ll need to use this new version. Should you use an old version, you’ll be in violation under section 274A of the INA as enforced by ICE. If you’re audited, you may wind up having to pay some hefty fines. If you use HR software like MP’s for onboarding, the old version of i-9 form new form will be uploaded for you already in your HR system. Employers are not required to update existing employees’ I-9 forms, only to use it for new employees. Employers in the United States are only allowed to employ workers who can prove their identity and eligibility to work in the country.
Counts are subject to sampling, reprocessing and revision throughout the day. This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version ledger account on GPO’s govinfo.gov. This is the most common violation and although it can often be easily rectified, you will likely face a civil penalty. If you fail to produce a Form I-9, penalties range from $230 to $2,292 per violation. Upon reading this, you may have noticed that your I-9 forms are expired.
This does not automatically mean that an employee is not eligible to work in the U.S. It simply means that E-Verify was unable to verify the employee’s authorization. Report to the Final Nonconfirmation in order to remain compliant. If an employee cannot read or cannot write in English, a translator or preparer may complete the form and sign it on behalf of the employee. Members may download one copy of our sample forms and templates for your personal use within your organization.
Author: Kim Lachance Shandro