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The New Form I-9

The New Form I-9. What Employers Should Expect and Prepare For. by: Bonnie Hungerford, JD, MA HRIR. Why Worry?. “It’s just a simple form.” “We didn’t hire any illegals, so we are fine.” “We’ll never get audited.”. Why Worry?. In 2011: 2,496 I-9 audits were conducted

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The New Form I-9

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  1. The New Form I-9 What Employers Should Expect and Prepare For by: Bonnie Hungerford, JD, MA HRIR

  2. Why Worry? “It’s just a simple form.” “We didn’t hire any illegals, so we are fine.” “We’ll never get audited.”

  3. Why Worry? In 2011: • 2,496 I-9 audits were conducted • Criminally arrested 221 employers • Issued 385 Final Orders for $10.4+ million in fines

  4. Why Worry? Because a seemingly minor mistake can be extremely costly…

  5. Why Worry? I have yet to see a perfect audit!

  6. Current Status of the Form I-9 • Current version recently expired (8/31/2012) • What is an Employer to do? • Continue to use current form (even though expired) • Continue checking the USCIS website for the updated form

  7. New Form in the Works • Back in May, during the 60-day commenting period between April and May regarding proposed changes to Form I-9, USCIS received over 6,200 comments regarding its proposed changes to the form. • Based on those comments, USCIS has made additional substantive changes. • Second comment period ended Sept. 21st. • Still in draft form

  8. Overview of the Proposed Changes • The 1-page form is now 2 pages • Total packet is now 9 pages (compared to 5 pages) • Slight changes/clarification to List of Acceptable Documents • Design is very different • Additional information requested • Wording changes throughout the form

  9. Section 1: Old

  10. Section 1: New • Now, all of Section 1 takes up one full page.

  11. Section 1: New • Attestation: moved to the middle of the first page

  12. Section 1: New • Preparer/Translator section now at the bottom of the first page

  13. Section 2: Old

  14. Section 2: New • Now on second page

  15. Section 2: New

  16. Section 3: Old

  17. Section 3: New

  18. List of Acceptable Documents: Old

  19. List of Acceptable Documents: New

  20. Changes in the Instructions • Section 1 • Should never be completed before job offer acceptance • PO Boxes cannot be used • Only border commuters from Canada and Mexico can use an international address. • Email address and phone number are optional.

  21. Changes in the Instructions • Section 2 • If employer participates in E-Verify, the List B document must include a photograph • Must physically examine each original document • The examiner of the documents and the employee must both be physically present • Clear instructions on acceptance of receipts • If an employer keeps photocopies of documents, it must present the photocopies during an audit.

  22. Best Practices: What Should HR Professionals Do? • Keep eye out for new I-9 • Carefully review the proposed Form • If using a third party, contact them to ensure they are fully aware of proposed changes • Once new form is published, conduct extensive I-9 training for all employees who complete the I-9 for your company • Review and update all I-9 policies to ensure compliance

  23. Internal Audits of Forms I-9

  24. Getting Started • Review I-9 Handbook for Employers and all other guidance • Compile list of all current employees and their dates of hire • Compile list of all former employees going back 3 years, including the date of hire and date of termination • Gather all I-9s

  25. Internal Audit • Determine which I-9s are past their retention deadline and shred • Review each I-9 to determine errors • Determine which is the best way to correct the errors on each I-9 (either on the I-9 or creating a new I-9) • Depends on the error

  26. Corrections • Communication to employees • Set timeframes for corrections • Make copies of I-9s that need corrections • Make corrections on the copy, in different colored ink • Initial and date all corrections • Draft internal audit memo to binder • If you don’t have it already, prepare retention chart for each I-9. • Conduct training for I-9 managers

  27. Common Pitfalls • Expired form • No date on employee signature • Failure to complete section 2 • Incomplete document names or missing information • Too many documents • No date of hire • Employer pre-signing form • Backdating • White-out

  28. Common Pitfalls Failure to accurately calculate the retention deadline The later of: 3 yrs from date of hire; OR 1 yr from date of termination.

  29. Best Practices: Establishing a Culture of Compliance • Obtain buy-in of executives through a business impact analysis • Conduct a thorough investigation of current state of I-9s and polices • Work with attorney or expert on remediation efforts • Establish a regular training program • Conduct annual I-9 audits!!! • Keep abreast of ICE guidance

  30. Form I-9 Resources M-274 Handbook for Employers I-9 Central: www.uscis.gov

  31. Thank You!Questions?

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