i9 Audit

Spring 2007: I-9 Form

Employer’s Legal Advisory – Spring 2007 – Download This Issue in .pdf Format Common Errors in Completing the I-9 Form With recent enforcement activity by Immigration and Customs Enforcement (ICE) employers are reminded that I-9 Forms must be properly completed to avoid penalties for paperwork violations. The following are common errors in completing these forms. Overdocumenting – This is the most common error because an employee will often provide both a resident alien card and a social security card. Even if an employee gives you more documentation than necessary for completion of the I-9 you, nonetheless, can only list either one document from List A or one document from List B and one from List C. Making corrections “Incorrectly” • DO NOT USE “WHITE-OUT” If changes need to be made the incorrect information should be crossed out and the appropriate information should be written in. Any changes should be made by the individual ... Read More

November 2007: I-9 Update

Revised I-9 Form – November 2007 – Download This Issue in .pdf Format On November 7, 2007 the U.S. Citizenship and Immigration Services (USCIS) issued a new Form I-9. A copy of the new form (which contains interactive form fields) is attached. Although the USCIS has stated that employers should begin to use the new form immediately, employers will not be subject to penalties for failure to use it until thirty (30) days after it is published in the Federal Register. It is recommended that the new form be used for all new hires or reverifications. There are only a few significant changes to the I-9. First, the Form includes the changes in the List A acceptable documents that were previously instituted but not reflected on the I-9. Secondly, the instructions for the form specifically state that an employee is not required to (but may voluntarily) provide his/her social security number in ... Read More

April 2009: I-9 Form

Employment Eligibility Verification– NEW Form I-9 Download This Issue in .pdf Format he NEW Form I-9 (which was originally scheduled to be implemented in February) must be used for all new hires and reverifications on or after April 3, 2009. A copy of the new form is attached. You can also download the current version of the form at www.uscis.gov/files/form/i-9.pdf and the new version of M-274, Handbook for Employers at www.uscis.gov/files/nativedocuments/m-274_3apr09.pdf . Changes include: • An option for an individual to identify as a “noncitizen national” (generally someone born in certain U.S. territories or the child of such an individual born outside the U.S.) • No expired documents can be used in completing the I-9. [However, documents which have an expiration date continue to require reverification only if the expiration results in loss of employment authorization. Thus, while an expired Permanent Resident Card cannot be used for completing the I-9 at the time of ... Read More

Summer 2009: DHS, Legislation, and Case Law Update

Download This Issue in .pdf Format Department of Homeland Security (DHS):Three significant actions were recently announced.ICE Enforcement – U.S. Immigration and Customs Enforcement (ICE) issued Notices of Inspection (NOI) to 652 businesses as it began a new audit initiative aimed at holding employers accountable for their hiring practices and efforts to ensure a legal workforce. Those given notices will be subject to a review of their I-9 records to determine whether these employers are complying with employment verification laws and regulations. Employers are advised to review their I-9s for compliance. DHS has indicated that it is focusing on those businesses suspected of knowingly hiring aliens, such as in cases in which the employer assists illegal employees in obtaining documents. It is imperative for all employers to ensure that I-9 forms are completed for all employees and meet all requirements. “No Match” Letters – DHS has rescinded the most recent regulation on this ... Read More