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

That knock on your office door may be Homeland Security

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.

ICE announces I-9 inspections at 652 businesses nationwide

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.

Reminder: New Form I-9 effective April 3

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.

DHS postpones new Form I-9 to April 3

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 Form I-9 effective February 2

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.

New passport card acceptable in Form I-9 process

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.

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

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.

Tracking the I-9 changes

Update to I-9 form effective immediately

Breaking news and a revised message!

Yesterday, the Federal government announced a revision to the standard I-9 form effective immediately. The old form, which was to expire on 06/30/08 had been replaced by a new revision. Now it appears that there may be some modifications on the way.

Initially, the USCIS website stated that the old form would no longer be accepted as of 6/16/08, even though it was not expected to expire until the end of the month. Today there is an apparent reversal on that site which may indicate that the old form is valid through its initial expiration date, or that both the old and new forms will be valid for some period of time.

We will keep you posted as changes appear in the Federal Register.

At this point, there are no substantive changes to the form. Only the dates of revision and expiration have been updated, so employers do not need to alter current procedures for gathering applicant information, retaining forms, or verifying documentation.

Given the expiration date of 06/30/08 on the old forms, businesses and agencies Should use the most up to date forms. As always, current and valid versions will be available from GNeil in both hard copy and downloadable formats.

Update to I-9 form effective immediately