HR Forum: I-9 form

Showing posts with label I-9 form. Show all posts

Statistics underscore administration's tough stance on immigration enforcement

According to a recent announcement by the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), the Obama administration has achieved record-breaking immigration enforcement statistics in the past 20 months. Of particular note is the unprecedented number of convicted criminal aliens being identified and removed from the country.

Since January 2009, ICE audited more than 3,200 employers suspected of hiring illegal employees, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions. In fiscal year 2010, ICE removed more than 392,000 illegal aliens (of which more than 195,000 were convicted criminals) … a 70% increase from the previous administration.

“This administration has focused on enforcing our immigration laws in a smart, effective manner that prioritizes public safety and national security and holds employers accountable who knowingly and repeatedly break the law,” said DHS Secretary Janet Napolitano.

We've said it before, and we'll say it again: Protect your business from damaging fines and even criminal arrests with a properly completed Form I-9 for every new employee.

Previous posts:

The "ICEy" grip of immigration enforcement felt by 500+ businesses

10 tips for surviving an I-9 audit

That knock on your office door may be Homeland Security

The "ICEy" grip of immigration enforcement felt by 500+ businesses

On September 15, the U.S. Immigration and Customs Enforcement (ICE) doled out Notices of Inspection (NOIs) to more than 500 businesses nationwide. If a company receives a NOI, it has three business days to prepare for an in-person meeting with federal officials … and reveal its I-9 employment verification forms and payroll documentation.

According to ICE, these particular businesses are under scrutiny due to specific leads and allegations of hiring unauthorized workers, exploiting workers and paying unfair wages. The fines for I-9 errors identified in an inspection range from $110 to $1,100 per form – with greater penalties for knowingly employing unauthorized workers.

Would your employment verification practices pass inspection? Protect your business from damaging fines and even criminal arrests with a properly completed Downloadable Form I-9 for every new employee. And for expert answers to all your I-9 compliance questions – including how to prevent an I-9 audit - turn to the easy-to-browse CD-ROM, ComplyRight™ SolveIt Now™ Answers to All Your Questions: I-9 Compliance & Immigration Law.

10 tips for surviving an I-9 audit

In a strategic plan to step up enforcement of immigration-related employment laws, U.S. Immigrations and Customs Enforcement (ICE) will be knocking on more doors and conducting more workplace inspections in the coming years.

While certain industries are more vulnerable to investigations (such as agriculture, construction, hospitality and food processing), all employers need to take the proper steps to protect themselves and prevent I-9 violations.

1. Store I-9 forms in separate binders (not in employee personnel files) for current employees and terminated employees.
2. Print a list of all current employees, including name and date of hire.
3. Use the correct, most up-to-date version of the I-9 form.
4. Refuse any document with a past-due expiration date when completing the I-9 form for a new hire.
5. Do not verify U.S. passports or passport cards, Permanent Resident or Resident Alien Cards, or List B Identity documents.
6. Re-verify expiring work authorization documents before they expire – and do not allow an employee to continue working after the work authorization document expires.
7. Conduct a self-audit of your I-9 forms to make sure they are complete and accurate.
8. Avoid discrimination or document abuse with your I-9 form process.
9. Accept the document and complete Section 2 of the I-9 form if the document(s) presented by the employee is on the List of Acceptable Documents, appears to be genuine and relates to the person presenting it.
10. Stand up for your rights! If ICE shows up to conduct an audit, insist on a written Notice of Inspection and your right to three business days before you share your original I-9 forms.

In addition to the mandatory Form I-9, G.Neil offers practical information and tools to help you properly complete I-9s and maintain organized, up-to-date records.

Getting better versed about E-Verify

As you already know, E-Verify is the free, Web-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It compares employee information from the Form I-9 against federal databases to confirm that new hires are legally authorized to work in the United States.

But do you know some of the latest developments surrounding this federal program? Here are the top four:

1) It is mandatory for federal contractors

As of September 8, 2009, all federal contractors and subcontractors (including those who receive American Recovery and Reinvestment Act funds) are required to use E-Verify to check a worker’s employment eligibility. The rule applies specifically to contracts of more than $100,000 and subcontracts of more than $3,000.

2) Nearly ¼ of our states require E-Verify

While largely a voluntary program, E-Verify is required for public and/or private employers in 13 states (ten through legislation and three through executive orders).

3) Participation in E-Verify is growing rapidly

More than 182,000 employers are currently enrolled in E-Verify, with more than 8.7 million queries generated in 2009. As of mid-January, the number of queries in 2010 had already reached 3.6 million.

In addition, the number of registered employers is growing by more than 1,200 per week.

4) E-Verify participants must comply with posting requirements

In addition to following specific procedures for new hires, E-Verify users must clearly display both the English and Spanish Notice of E-Verify Participation and the Right to Work Poster. Together, they explain the employer’s use of E-Verify and the rights of employees.

Keep in mind that even if your business outsources I-9 compliance and employment eligibility verification (and E-Verify is part of that process), you must display these postings in the workplace.

Under proposed bill, hiring an illegal worker could land you in jail

Last week, Rep. Frank Kratovil of Maryland introduced a bill that would increase prison terms and fines for employers who knowingly hire illegal workers. While current law imposes penalties if an employer shows a pattern of violations, the “Criminal Penalties for Unauthorized Employment Act of 2010 (H.R. 4627)” would expand the penalties for employing unauthorized aliens as follows:

Criminal Penalties
First offense: A fine of $2,500 and/or imprisonment up to one year
Second offense: A fine of $5,000 and/or imprisonment up to two years
Third offense: A fine of $10,000 and/or imprisonment up to five years

Civil Penalties
First offense: A fine of between $1,000-$5,000
Second offense: A fine of between $5,000-$10,000
Third offense: A fine of between $10,000-$20,000

Under current law, criminal penalties for knowingly hiring an illegal alien only kick in after an individual with direct hiring authority shows a “pattern or practice of violations.” The proposed bill would be more hard-hitting by authorizing imprisonment for any offense, as well as increasing the maximum terms of imprisonment, criminal fines and civil fines. Keep in mind, too, that these proposed fines and prison terms are per violation, with penalties increasing for repeat violations.

“Employers who hire illegal immigrants are not only breaking the law, but they are also undermining the legal immigration system, creating an unfair advantage over employers who are playing by the rules, and hurting American workers,” said Rep. Kratovil. “We can’t make progress toward reducing illegal immigration until we get serious about cracking down on the bad actors who are creating the incentives."

As we’ve warned countless times on this blog, this is no time to take chances when verifying an employee’s eligibility to work in the U.S.! Homeland Security is already stepping up inspections and enforcement for I-9 Form violations. And if this bill were to get passed, the impact for non-compliance could be that much more costly and crippling to your business.

For guidance with your I-9 practices and to protect your business from a potential audit, check out our latest podcast, Employment Verification Guidelines and Tips. Grab a cup of coffee, sit back and listen as employment law attorney Lillian Mojica covers the current employment verification guidelines and tips for ensuring every I-9 Form is completed properly.

That knock on your office door may be Homeland Security

In a move that disturbed many employers, but surprised few, Homeland Security has indicated that they are stepping up inspections and enforcement for I-9 Form violations.

You remember I-9 Forms, right? Those fun "prove to me you're allowed to work in the U.S. even though you were born in Queens, and have a Brooklyn accent and I've lived next door to your Aunt all my life" forms? The ones where employers get to look over bad driver's license picture and even worse Passport pictures and try and decipher crumpled birth certificates? Yeah, those forms.

Well, according to the people who create and enforce that kind of thing, those forms and the supporting documentation are no laughing matter, and they intend to prove it to you with a big boost in random door-knocking and file-reviewing.

So what is an employer to do? You could just hope that the only knocks on your door are from customers, Candygram delivery people and whoever it is who's giving out those oversized checks and balloons these days. Or you could:

1) Make sure the I-9 Forms you're using are the right ones. There have been several changes to the I-9 over the past few years, so check the version number and date on yours.

2) Review your I-9 files. Make sure you have completed I-9's on file for all current and past employees for the required record retention period. That includes temps, too.

3) Make sure you have not violated I-9 rules by copying documents, requiring too many types of documents, or accepting disallowed types of documents as verification for work-eligibility.

4) Keep all of your I-9 forms in a separate file or binder to allow for quick and easy inspection should your business come under the auditor's review.

5) Get a good guide to the I-9 Form and the I-9 audit process. This could be a trustworthy and up-to-date employment law book or the advice of your employment law attorney.

6) Designate one person in your business to keep track of I-9 changes, requirements and record retention.

If you're on top of the rules, and current with your I-9 records, an audit shouldn't be any problem. And who knows -- the next knock after that could be a Candygram!

Posted via email from G-Neil's Posterous

Has the No-Match Rule met its match with E-Verify?

In a bit of a “I told you so” move, the Department of Homeland Security (DHS) proposed a new regulation on August 19 that could kill the controversial Social Security Administration (SSA) No-Match Rule. As you recall, the rule established a “safe harbor” provision allowing employers 90 days to resolve any employment eligibility issues identified in a No-Match letter or notice from DHS. (Typically, an employee’s name and Social Security Number - as provided in a W-2 earnings report - not matching SSA records.)

Most employers aren’t sad to see the rule go. This is largely due to the fact that even though millions of undocumented immigrants receive No-Match letters every year, so do legal workers, due to clerical errors, unreported name changes and other discrepancies. Regardless of the circumstances, the No-Match Rule would have put employers in the hot seat, requiring them to penalize or fire workers who were unable to correct their Social Security records in time.

In the rule’s place, the DHS plans to focus its enforcement efforts on employer participation in E-verify. This free, Web-based system, operated by DHS in partnership with the SSA, compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases. “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” says DHS Secretary Janet Napolitano.

Like I mentioned earlier, it’s not like we didn’t see this coming. In a July 8 press release from the DHS, it was revealed:

DHS will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they receive SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees. These notices most often inform an employer many months or even a year later that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records—often due to typographical errors or unreported name changes. E-Verify addresses data inaccuracies that can result in No-Match letters in a more timely manner and provides a more robust tool for identifying unauthorized individuals and combating illegal employment.

What to do in the meantime?

Even though it looks like the DHS will not be mandating a “safe harbor” process for responding to No-Match letters anytime soon, you should still follow some basic precautions when screening and verifying an employee’s eligibility to work.

By law, you may not:

Set different standards for verifying employment eligibility or require that different documents be presented by different groups of employees. For example, you cannot waive I-9 requirements for individuals appearing to be U.S. citizens.

Require applicants to provide I-9 documentation before making a job offer. Legally, job applicants do not have to verify their identity or employment eligibility until they actually start work.

Specify or select which documents must be provided. The I-9 form lists the specific documents an individual may provide to establish his/her identity and work authorization. Employers must allow individuals to choose from this list of permissible documents.

Discriminate against individuals with “temporary” work authorization status. Temporary resident aliens and individuals who have asylum typically have documents that expire, but they ordinarily obtain extensions.

DHS strengthens employment verification, contractors must use E-Verify

Federal contractors have about six weeks left to start using the government’s E-Verify system to check employee work authorization.

On July 8, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify.

“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Secretary Napolitano.
“Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” (DHS press release)

E-Verify is the free web-based system operated by DHS in partnership with the Social Security Administration (SSA) that compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases to verify workers’ employment eligibility.

Starting on September 8, 2009, the federal contractor rule will extend the use of the E-Verify system to all covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.

Read the full DHS press release for more information.

ICE announces audits, review Form I-9 best practices

Last week U.S. Immigration and Customs Enforcement (ICE) launched a bold audit initiative as a part of the agency’s stepped-up enforcement of employment and immigration laws. ICE issued Notices of Inspection to 652 businesses nationwide to alert employers that ICE will be inspecting their hiring records.

The Department of Homeland Security (DHS) requires employers to verify that all new employees are eligible to work in the U.S. using the employment eligibility verification form (Form I-9). Neglecting to fill out forms or filling out I-9 forms incorrectly can result in fines of up to $1,100 for every incorrect form.

Knowing how to fill out new-hire forms correctly and the rules on how long you must retain those documents will help protect your business in the event of an ICE audit.

Anyone in your organization involved in the hiring process should be trained on the correct way to complete I-9 forms and federal recordkeeping requirements. Training should cover Form I-9 best practices, including, but not limited to:

How to properly complete an I-9 form at the time you hire a new employee. Employees must present identity and work authorization documents within three days of the date of hire.

Expired documents as proof of identification or work eligibility are not acceptable. Review the list of documents that fall under List A of the List of Acceptable Documents.

The importance of keeping I-9 forms separate from employee personnel forms.

How using a binder system for storing I-9 forms, one for current employees and one for terminated employees, can help your business stay in compliance.

To periodically review current I-9 forms to identify employees who need to update their work eligibility status.

Businesses must retain I-9 forms for the duration of a worker’s employment, plus one year, or for a minimum of three years from the date of hire, whichever is longer.

Read more on how to handle I-9 forms and about the most recent changes to the I-9 Form.

ICE announces I-9 inspections at 652 businesses nationwide

U.S. Immigration and Customs Enforcement (ICE) launched an extensive audit initiative on July 1, 2009, by issuing Notices of Inspection (NOIs) to 652 businesses across the U.S., more notices than ICE issued in fiscal year 2008.

The ICE notices serve as an alert to businesses that the agency will be inspecting their hiring records to determine whether they are in compliance with employment eligibility verification laws and regulations.

This initiative shows ICE’s increased focus on holding employers directly accountable for their hiring practices and efforts to ensure they’re employing a legal workforce.

"ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Department of Homeland Security Assistant Secretary for ICE John Morton.

In April 2009, the ICE announced that illegal immigration enforcement would be shifting away from undocumented workers and toward employer compliance in order to target the root cause of illegal immigration.

All new employees, including U.S. citizens, must verify their work eligibility with an I-9 form at the time of hire. Employers must retain the verification forms and re-verify existing employees’ work authorization documents that are nearing expiration.

The U.S. Citizenship and Immigration Services (USCIS) recently instructed employers to continue using the current Form I-9 (Rev. 02/02/09) until further notice.

Employers do not need to submit forms to the government for verification, but must hold on to the forms for three years after the employee’s date of hire or for one year after the date the employee leaves the company (whichever date is later).

Order the current version of the Form I-9, along with detailed tip sheets, to ensure your business stays in compliance with federal recordkeeping requirements. Employers can find more tools and information on I-9 recordkeeping practices and completion in the ComplyRight I-9 Bundle.

Form I-9 expiration date extended past 6/30/09

The U.S. Citizenship and Immigration Services (USCIS) recently announced that the current Form I-9 will continue to be valid for use beyond June 30, 2009.

USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of the Employment Eligibility Verification Form I-9. While the request is pending, the existing I-9 form will not expire.

The extension will allow employers to use either the Form I-9 with the updated revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form.

USCIS expects to approve a new version of the Form I-9 before the June 30, 2009, expiration date. Read the full USCIS article here.

It is mandatory for all U.S. employers to verify the employment eligibility of new and existing employees by completing a Form I-9 for each individual.

The G.Neil legal team will continue to watch for news from the USCIS once the extension is approved. Check back here for the most current information available.

E-Verify regulations on hold again

The federal government has extended the effective date of the E-Verify requirement for federal government contractors to September 8, 2009. The requirement was previously set to take effect on June 30, 2009.

The rule would require most government contractors to verify the immigration status of current and new workers using the federal government’s E-Verify electronic employment eligibility verification system.

Implementation of the requirement has been delayed “to allow President Barack Obama's administration more time to complete its review of the rule,” Jennifer Kerber, vice president for federal and homeland security policy for TechAmerica, wrote in an e-mail message to members today. (via Washington Technology)

An official announcement is expected to be published in the Federal Register later this week.

This will be the fourth delay in the effective date of the E-Verify regulations, which were originally scheduled to take effect in January.

Illegal immigration enforcement shifts toward employers

U.S. Immigration and Customs Enforcement (ICE) recently announced that illegal immigration enforcement will be shifting away from undocumented workers and toward employers.

The announcement comes in the wake of a Supreme Court decision on May 4, ruling that a worker can not be charged with aggravated identity theft, subject to an extra two years in prison, if the worker was unaware they were using an actual person’s information.

Violating the statute requires that an offender “knowingly … uses, without lawful authority, a means of identification of another person.” The government argued that “knowingly” didn’t pertain to the identity theft portion of the law.

On behalf of his colleagues, Justice Stephen Breyer wrote, “As a matter of ordinary English grammar, it seems natural to read the statute’s word ‘knowingly’ as applying to all the subsequent elements of the crime.” (Workforce Management)

Only days before the ruling, on April 30, the Department of Homeland Security changed their policy on illegal immigration and will now target the employers of undocumented workers, rather than the illegal workers themselves.

“Effective immediately, ICE will focus its resources in the worksite enforcement program on the criminal prosecution of employers who knowingly hire illegal workers in order to target the root cause of illegal immigration.” (DHS)

ICE has been instructed to target “employers who cultivate illegal workplaces” for civil fines, along with criminal prosecution in federal court. ICE will continue to arrest any illegal workers found during worksite investigations and process them for deportation.

DHS issued a new Fact Sheet on its Worksite Enforcement Strategy to help employers fully understand the change in policy and comply with immigration laws. Download a copy of the Fact Sheet (.pdf).

As of April 3, 2009, employers are required to use the revised Form I-9 for Employment Eligibility Verification. All new employees, including U.S. citizens, must verify their work eligibility with an I-9 form when they are hired.

Employers do not need to submit forms to the government for verification, but must hold on to the forms for three years after the employee’s date of hire or for one year after the date the employee leaves the company (whichever date is later).

Order the updated Form I-9, along with detailed tip sheets, to ensure your business stays in compliance with federal recordkeeping requirements. Employers can find more tools and information on filling out I-9 forms correctly in the ComplyRight I-9 Recordkeeping Kit.

Reminder: New Form I-9 effective April 3

Next Friday, April 3, 2009, employers must start using the revised Form I-9 for Employment Eligibility Verification.

The new I-9 form was originally scheduled to take effect on February 2, but the U.S. Citizenship and Immigration Services (USCIS) delayed implementation for 60 days for further review.

Employers should continue using the current Form I-9 until April 3 and should prepare to use the new version beginning April 3.

Completing the I-9 form is mandatory for all new employees hired to work in the U.S. and the updates reflect numerous changes in the list of acceptable documents employers may use to verify an applicant’s work eligibility status.

The new Form I-9 reflects several changes, including:

Expired documents are no longer considered acceptable proof of identification or work authorization.
Three documents were removed from List A of the List of Acceptable Documents: Form I-688, Temporary Resident Card, Form I-688A, Employment Authorization Card, and Form I-688B, Employment Authorization Card.
Foreign passports with machine-readable visas for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) were added to List A.
The new U.S. Passport card was added to the list of acceptable employment eligibility verification documents.

Employers who fail to use the revised Form I-9 by April 3, 2009, may be subject to violation fines. Neglecting to fill out an I-9 form for every employee, or filling out forms incorrectly , can result in up to $1,100 for every incorrect form.

Order the updated I-9 form with detailed tip sheets to ensure your company is in compliance with federal recordkeeping requirements. More tools and information on completing your I-9 forms correctly are available in the ComplyRight I-9 Recordkeeping Kit.

DHS postpones new Form I-9 to April 3

Beginning Monday, February 2, 2009, all U.S. businesses were scheduled to update their Employment Verification practices to incorporate new standards for documentation and newly updated I-9 Forms. However, late in the day on Friday, January 30, the Department of Homeland Security (DHS) extended another 30-day comment period for the new rules and pushed back the scheduled update by two months, instructing businesses to resume their use of the previous guidelines and I-9 Forms.

This move caused confusion among hiring managers and Human Resources departments across the country. Within just the past few weeks, businesses had been scrambling to receive and distribute the recently released updated I-9 Forms to meet the February 2nd deadline. In doing so, many have discarded the previous forms believing them to be outdated.

Completing an I-9 Form is mandatory for all new employees hired to work in the United States and the scheduled update reflected several changes in the acceptable documents employers can use to verify an applicant's eligibility to work. The retraction and re-instatement of the old forms has employers once again scrambling to respond and replace forms thrown away last week.

Ashley Kaplan, Labor Law Compliance Attorney for G.Neil, received the DHS announcement Friday evening and immediately recognized the potential challenges.

“We worked overtime last week to ship out the updated forms to our customers to begin using on February 2, and now need to get back to them with new instructions,” Kaplan explains. “We’re providing a free pdf of the previous I-9 Form and instructions to our customers who purchased the updated forms. We’ll also closely monitor the extended review period in case further changes occur before the April 3rd deadline.”

Learn more about the most recent changes in our new Form I-9 Q & A.

New Form I-9 effective February 2

Employers have just over a month left to comply with the latest changes to the Employment Eligibility Verification (Form I-9).

The U.S. Citizenship and Immigration Services (USCIS) published the interim final rule to streamline the Form I-9 process in the Federal Register on December 17, 2008. There are several changes in the new I-9 form, including new verification guidelines and a redefined list of acceptable proof of identification documents.

Beginning February 2, 2009, all employers are required to use the revised Form I-9 for verification of new employees and re-verification of existing employees.

There are several changes in the new I-9 form, including:

Expired documents are no longer considered acceptable proof of identification or work authorization.
Three additional documents were eliminated from List A of the List of Acceptable Documents.
Foreign passports with machine-readable visas for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) were added to List A.
The new U.S. Passport card was added to the list of acceptable employment eligibility verification documents.
Revisions to the employee attestation section of the Form I-9.

Employers who fail to use the revised I-9 form by February 2, 2009 may be subject to violation fines. Keep your company in compliance by ordering the updated Form I-9 today.

New passport card acceptable in Form I-9 process

The United States Citizenship and Immigration Services (USCIS) is informing the public that the new U.S. Passport Card may be used to verify employment eligibility in the Form I-9 process.

The new passport card was created as a less expensive and more portable alternative to the traditional passport book. Its purpose is to speed up document processing at U.S. land and sea ports of entry for U.S. citizens traveling to Canada, Mexico, the Caribbean and Bermuda.

While the card may not be used for international air travel, it is a valid passport certifying U.S. citizenship and the card holder’s identity. The new passport card may be used to verify work eligibility in the Form I-9 process and employers participating in the E-Verify program.

The passport card is classified under “List A” documents to prove the identity and work eligibility of a newly hired employee when completing the I-9 form. Review the lists of acceptable and unacceptable documents new hires may use to verify work eligibility.

In related news, the House of Representatives passed the Employee Verification Amendment Act of 2008 on July 31, that would extend the federal E-Verify program for five years.

The act includes a provision that would authorize two Government Accountability Office studies to investigate the impact of the program on small businesses.

The bill continues through to the Senate, but no action is expected until September when legislators return from their August recess.

Read more about the E-Verify extension.

The new I-9 form is the old I-9 form

Word has come down from the USCIS that the old I-9 form (one with a revision date of 06/05/07 or later and any expiration date) is still valid for the foreseeable future. That includes forms with an expiration date that has already passed. Nothing except the date has changed on the form. There is no impact on compliance.

The new form, with an expiration date of 06/30/09, is now available via download on the GNeil site. The printed and punched paper forms with the new expiration date will be available shortly.

In the meantime, you may continue to use the old I-9 forms, even if they say they have expired. We will continue selling the older fully compliant version as we await the new forms.

Tracking the I-9 changes

The I-9 saga continues, with this information just in...

The DHS has issued a new version of the I-9 with a new expiration date. However older versions with earlier expiration dates are still valid as long as they have a revision date of 6/5/07 or later.

On Thursday, we first reported on this change. The USCIS site had indicated a mandatory change effectively immediately, then dropped part of that mandate after business hours yesterday. Today, further changes have been made to the site, but still no official statement has been issued.

We are following the changes on the government's sites, talking with agency officials and watching for official press releases or Federal Register postings. We will continue to track all sources until an official press statement is released, and will bring you all the latest information as we receive it.

Immigration compliance: President orders federal contractors to use E-Verify

On June 6, President Bush signed an executive order that requires all federal contractors to use the government-run E-Verify system to confirm the work eligibility of their employees.

Contractors who fail to use E-Verify risk losing their government contracts. There are currently more than 200,000 contractors working for the U.S. government.

The Department of Homeland Security (DHS) developed the electronic employment verification system, called E-Verify, which confirms the work eligibility status over the Internet. The system compares information electronically from the Form I-9 with the Social Security Administration’s database of more than 425 million records and with the DHS immigration database of noncitizens.

After the order is published, which is expected within days, a 60-day comment period will go into effect. Following the comment period, the DHS will write a final rule. The executive order is part of a larger DHS effort to crackdown on illegal employment violations.

Critics of the Order report that large portions of the business community are reluctant to use E-Verify, claiming that it is an unreliable tool. The HR Initiative for a Legal Workforce, led by SHRM, criticizes E-Verify as “a system that doesn’t really work” and lacks the capacity to handle the 200,000 federal contractors now ordered to use it.

It is still unclear when the directive will go into full effect, so stay tuned to G.Neil’s HR Forum for continuing updates.

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