Information About New Form I-9 and Use of E-Verify
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. The rule, including the new Form I-9, is scheduled to be effective Jan. 17, 2017.
In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA). IRCA forbids employers from knowingly hiring individuals who do not have work authorization in the United States. The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act (INA).
Working in the U.S.
Individuals who may legally work in the United States are:
- Citizens of the United States
- Noncitizen nationals of the United States
- Lawful Permanent Residents
- Aliens authorized to work
To comply with the employment eligibility verification provisions of the INA an employer must:
- Verify the identity and employment authorization documents of employees hired after November 6, 1986
- Complete and retain a Form I-9 for each employee hired after November 6, 1986
- Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status
The anti-discrimination provisions of the INA prohibit four types of unlawful conduct:
- Citizenship or immigration status discrimination*
- National origin discrimination*
- Document abuse during Form I-9 process
* Actual or perceived
Form I-9 Requirements
- The revised form has a revision date of Nov. 14, 2016 N. Employers will be allowed to use either the current form or the new form through Jan. 21, 2017, after which they must use the revised form.
- Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986.
- You may delegate the authority to complete Form I-9 to a responsible agent, however, you will retain liability for any errors.
Form I-9 Exceptions
You are NOT required to complete Form I-9 for:
- Casual domestic service employees working in a private household when work is sporadic, irregular or intermittent.
- Independent contractors for whom you do not set work hours, or provide tools to do the job.
- Employees working outside the United States.*
* 50 States, District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana IslandsLists of Acceptable Documents
- Use MOST CURRENT Form I-9 VERSION, 11/14/16N
- You must make the Lists of Acceptable Documents available to your EMPLOYEE when he or she is completing the Form I-9
- One document from List A
- One document from List B AND one document from List C
Section 1 of Form I-9: Employee Attestation.
- All employees must complete Section 1 no later than the first business day of employment for pay.
Preparer/Translator (P/T) Certification
- This certification is required when Section 1 is prepared by someone other than the employee.
- Employees must check the first box if they don’t use a preparer or translator.
- If the first box is checked, no entries can be made in the fields as the check box is equivalent to stating N/A.
- If the employee uses a P/T, the P/T must check the second box in this section, then choose from the drop-down menu the number of preparers and translators used.
- If the dropdown indicates more than one P/T, the form automatically generates an extra page to enter up to four more P/Ts
- P/Ts must sign and date the areas by hand.
- If the form is being completed on paper, P/Ts may use the supplement on the Form I-9 download page to enter multiple P/Ts.
Section 2: Employer Certification of Document Review
- Completed by EMPLOYER.
- MUST be completed no later than 3 business days after the employee begins work for pay.
- EMPLOYER MUST examine original documents.
- Documents MUST be UNEXPIRED.
Section 2: Examining Documents Genuineness and Photocopies
- You are not required to be a document expert
- You MUST accept a document presented by an employee if it reasonably appears to be:
- Genuine; AND,
- Relates to the individual presenting it
- The document MUST be original* – photocopies are NOT acceptable
*Exception: Certified copy of a birth certificate
Section 2: Receipt Rule
1. A receipt showing that your employee has applied to replace a document that was lost, stolen or damaged.
- Employee must present a replacement document within 90 days of the hire date.
2. The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual.
- Receipt is valid until the expiration date on the stamp, or one year after the issuance date if the stamp does not contain an expiration date.
- Employee must show you their Permanent Resident Card (I-551) upon Expiration.
3. The departure portion of the Form I-94/I-94A with a refugee admission stamp or computer-generated printout of From I-94 with admission code “RE”.
- Employee must present an EAD or List B document and unrestricted Social Security Card within 90 days of the hire date.
- The receipt must be issued by the originating agency.
- Receipts are never acceptable if employment will last less than 3 business days.
Section 2: Copying Documents
You may choose to make copies of employee documentation presented to you for Section 2.
- If you choose to photocopy documents, you must do so for ALL employees, regardless of actual or perceived national origin, immigration or citizenship status, or you may be in violation of anti-discrimination laws.
Section 3: Reverification
After January 21, 2017:
Revised Form I-9 must be completed
- You MUST reverify an employee using Section 3 if his or her temporary employment authorization has expired.
- You MAY also complete Section 3 if you:
- Rehire the EMPLOYEE within 3 years of the date of initial execution of the Form I-9*
- Update the biographic information of an employee
* USCIS recommends completing a new Form I-9 for rehires
Section 3: When to Reverify
Do Not Reverify
- U.S. Passport or Passport Card
- Permanent Resident Card (Form I-551)
- List B documents
Permanent Resident Reverification Exceptions
- Reverify only if employee presents a Form I-94 with a temporary I-551 stamp, or
- A foreign passport with a temporary I-551 stamp (on a machine readable immigrant visa (MRIV))
- When employment authorization document (List A or C) has an expiration date
Correcting Form I-9: Correcting Mistakes
If you discover a mistake on Form I-9, correct the existing form OR prepare a new Form I-9:
- If you choose to correct the existing Form I-9, line out the incorrect portions, enter the correct information, and initial and date the correction.
- If you do a new Form I-9, retain the old form. You should also attach a short memo to both the new and old Forms I-9 stating the reason for your action.
Missing Forms: If you discover you are missing the Form I-9 for an employee:
- Immediately provide the employee with a Form I-9.
- Allow employee 3 business days to provide acceptable documents.
- DO NOT backdate the Form I-9.
Storage and Retention
- Form I-9 MUST be on file for all current employees.
- Store Forms I-9 securely in a way that meets your business needs – on site, off-site, storage facility.
- Store Forms I-9 and document copies together.
- Ensure that only authorized personnel have access to stored Forms I-9.
- Make Forms I-9 available within 3 days of an official request for inspection.
- Ensure that only completed forms containing a signature and date are retained.
3 years after the date you hire an employee
1 year after the date employment terminates, whichever is later.
John Smith was hired on November 1, 2014, and on July 5, 2016, employment was terminated.
November 1, 2014 + 3 years = November 1, 2017
July 5, 2016 + 1 year = July 5, 2017
The retention date is November 1, 2017
What is E-Verify?
- Free web-based service that’s fast and easy to use
- Electronically verifies the employment eligibility of
- Newly hired employees
- Existing employees assigned to work on a qualifying federal contract *
- Partnership between the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA)
- Reduce unauthorized employment
- Minimize verification-related discrimination
- Be quick and non-burdensome to employers
- Protect civil liberties and employee privacy
What is myE-Verify?
myE-Verify is a new, free web-based service for employees to participate in the E-Verify process.
- Confirm your work eligibility
- Create a myE-Verify account
- Protect your identity
- Learn about your rights
Form I-9 Resources
Spanish I-9 Central
Handbook for Employers - Update Coming Soon!
Know Your Rights - Employee Rights Quiz
Examples of documents:
Additional I-9/E-Verify Customer Service Information:
Immigration law can be complex and it is not possible to describe every aspect of the process. This article provides basic information to help you become generally familiar with rules and procedures. For more information on the law and regulations please see the USCIS /E-Verify Web site: www.dhs.gov/E-Verify.
Brought to you by your compliance partner Healthcare Compliance Solutions Inc.
Brought to you by your compliance partner Healthcare Compliance Solutions Inc.