Anyone who touches their organization’s onboarding process is familiar with the I-9 Employment Eligibility Form which the USCIS requires employers to complete in compliance with the employment verification process. Well, following an updated version of the I-9 form in January 2017, an even newer version became effective September 18, 2017. These mark the first changes to the form in almost four (4) years; however, unless you have not been watching the news, you know that immigration has been a subject of fierce debate in our Country for the past several years. While many aspects of the employment eligibility verification process remain the same, some did change.
Roy Maurer, in his Society for Human Resource Management (SHRM) article, “New Form I-9: Key Changes HR Needs to Know,” noted that there are now three options for completing the form: electronic, which has been dubbed the “smart form;” paper; and combination. The instructions for completing the form have also been updated.
So, how can HR ensure that their organization remains compliant with the process?
- Know the different formats of the form – The revised I-9 form is available in three (3) formats. A) the fillable Form I-9 is a PDF version which allows you and the new employee to complete all required fields interactively using your computer. Once all required fields are completed, you must print the form in order to sign B) The non-fillable PDF version is the paper version that requires you to print the form first, then complete, sign and date it. C) Form I-9 Spanish can be used in Puerto Rico.
- Remember to sign the form – The employee, their representative who completes section 1 on their behalf (if applicable); and the employer must sign the form.
- Know when an I-9 is required – A completely executed i9 form is due no later than a new employee’s third day of employment…whether they work on their second or third day or not. Once they are on the employer’s payroll with a start date, the I-9 is due no later than two days afterward. If the employer fails to meet that deadline, they must contact ISCIS to request an exception.
- Know who must complete Section 1 of the form and how – The employee must complete and sign section 1. Although they may have help completing the form, they must ensure that their full legal name is used on the form. The revised form also requires the employee to give any other names that they sometimes go by as well. Word of caution…section 1 is not complete until the employee provides all of the personal information that the form requests, including their complete mailing address, contact telephone number, and optional email address and attesting to their citizenship status. They have the option of providing their social security
https://career-search-academy.teachable.com/courses number as well unless their new employer participates in the E-Verify process which is the Federal Government’s online employment eligibility verification process. Also, the employee is allowed to have a translator to assist them with completing the form if needed, so the employee and his/her representative or translator must then sign section 1 to complete it.
- Know who must complete Section 2 of the form and how – The employer gets to complete section 2. The purpose of this section is for the employer to examine the documents that the new employee provides as proof of their employment eligibility and for the employer to determine if the documents provided are in compliance with I-9 requirements. Record the required information from the documents onto the I-9 form. Once the employer verifies the documents that the employee presents for verification, they should return the original documents to the employee. Copies should only be made of suspicious documents.
- Know what documents are acceptable for the employment verification process – The easiest way to determine which documents are acceptable for compliance with the I-9 process is to visit the USCIS’s website at uscis.gov. The agency maintains an updated list of acceptable documents. The most-often used documents presented for verification include the employee’s unexpired US Passport, which satisfies the acceptable documents requirement by itself; and the employee’s Social Security Card and his/her unexpired driver’s license.
- Use E-verify.gov – Utilizing this service, which is the official site of US Homeland Security and USCIS, increases the likelihood that your organization is compliant with employment verification/eligibility laws. So, that makes it the most reliable system for ensuring compliance with the employment eligibility process.
- Know when exceptions apply – Employers, are you aware that you can have an agent to represent you and oversee the I-9 process for your remote employees? The agent does not have to be an employee or associated with the employer and can be a notary but is not required to be; a public library staff member; a human resources professional; a paralegal; a school staff member; or actually, almost anyone. The employer will still be responsible to ensure that the process is completed in compliance with requirements and cannot take action against the agent for any unintentional violations, beyond discontinuing the use of the agent’s services.
- Know the laws governing the execution of a remote I-9 form – If you are an employer who relies on an agent to execute remote I-9s on your organization’s behalf, you should make certain that the agent is accustomed to verifying documents to ensure I-9 compliance and that he/she has a copy of your organization’s employment verification policy and step-by-step instructions regarding the completion of the process on your behalf.
- Know what to do if you suspect a document is not authentic – If an employer suspects the authenticity of a document, make a copy of the document, let the employee know that you have some concerns about the document and allow the employee to present other documents from the acceptable documents list to complete the process.
- Know what to do if you make a mistake – If you make a mistake completing an I-9 form, do not use whiteout or scratch through the information to correct the error. Simply draw a single line through the incorrect information, then write the correct information and initial the correct information.
- Know how long completed forms must be kept on file – Completed I-9 forms must be maintained on file by the employer for three years after the date of hire or for one year after the employee is no longer works for the employer, whichever is later.
It is true that we HR professionals are the gatekeepers of information for employers’ greatest assets…their human resources. A little due diligence and attention to detail will have you and your organization USCIS compliant and audit-ready if/when they come knocking.
