Enforcement of I-9 compliance by Immigration and Customs Enforcement (ICE) is at an all-time high. Following the audits of 3,000 employers in 2012, ICE work-site enforcement efforts generated over $130 million last year. And to keep employers on their toes, on March 8, the USCIS (U.S. Citizenship and Immigration Services) unveiled a newly revised I-9 Form.
Accompanying the new form is the M-274 employer handbook. The Handbook includes examples of correct I-9 completion, using the new form.
Key changes on the new form include:
• expanding the form from one to two pages;
• a slightly different layout;
• additional data fields, plus certain optional fields such as telephone number and email address
• more detailed instructions concerning completion of the form.
• a slightly different layout;
• additional data fields, plus certain optional fields such as telephone number and email address
• more detailed instructions concerning completion of the form.
While the new form actually went into effect on March 8, 2013, the USCIS provided employers a 60-day grace period to phase out their old forms and begin using the new ones. So on May 7, 2013, employers are required to begin using the new form.
Here a few quick pointers to keep in mind as you transition to the new form:
• Form I-9 has been expanded to two pages long, and the instructions are now six pages.
• You should keep the instructions handy as they offer practical guidance on each new I-9 item. Among other pointers, they now provide better definitions of the selections for immigration status (e.g., citizen, authorized alien, non-citizen national, etc.).
• These instructions should be made available to employees as they are completing the form.
• Employers may not pre-populate Section 1 of the form - it must be completed by the employee - unless you also complete the "Preparer or Translator Certification" that follows Section 1.
• The employee still must sign Section 1, even if preparer certification is included.
• Section 1 must be completed and signed by the employee on their first day of employment, but not before accepting a job offer.
• A new field in the form is the first day of employment which employers must complete in Section 2. In the event of an I-9 audit, ICE and USCIS may compare the date on the employee's signature date in Section 1 to the employer's signature date in Section 2, so be sure they match.
• Finally, employers must complete Section 2 within three days of when the new employee is hired. An undated or incomplete Section 2 will be useless in the event of an audit.
• You should keep the instructions handy as they offer practical guidance on each new I-9 item. Among other pointers, they now provide better definitions of the selections for immigration status (e.g., citizen, authorized alien, non-citizen national, etc.).
• These instructions should be made available to employees as they are completing the form.
• Employers may not pre-populate Section 1 of the form - it must be completed by the employee - unless you also complete the "Preparer or Translator Certification" that follows Section 1.
• The employee still must sign Section 1, even if preparer certification is included.
• Section 1 must be completed and signed by the employee on their first day of employment, but not before accepting a job offer.
• A new field in the form is the first day of employment which employers must complete in Section 2. In the event of an I-9 audit, ICE and USCIS may compare the date on the employee's signature date in Section 1 to the employer's signature date in Section 2, so be sure they match.
• Finally, employers must complete Section 2 within three days of when the new employee is hired. An undated or incomplete Section 2 will be useless in the event of an audit.
With the deadline for the new I-9 form looming, it's more important now than ever for employers to brush up on their procedures for hiring and for administering I-9 compliance. It is recommended to contact a professional human resources outsourcing firm to help review the new form requirements and ensure your compliance with the law.
