The-New-Form-I-9x
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
Criminally arrested 221 employers
Issued 385 Final Orders for $10.4+
million in fines
Why Worry?
Because a seemingly minor mistake can be extremely costly…
Why Worry?
I have yet to see a perfect audit!
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
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. 21 st .
Still in draft form
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
Section 1: Old
Section 1: New
Now, all of Section 1 takes up one full page.
Section 1: New
Attestation: moved to the middle of the first page
Section 1: New
Preparer/Translator section now at the bottom of the first page
Section 2: Old
Section 2: New
Now on second page
Section 2: New
Section 3: Old
Section 3: New
List of Acceptable Documents: Old
List of Acceptable Documents: New
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.
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.
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
Internal Audits of
Forms I-9
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
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
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
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
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.
DOH DOT 3 yr. DOH 1 yr. DOT Retention
02/01/2007 06/01/2011 02/01/2010 06/01/2012 06/01/2012
05/01/2010 06/01/2011 05/01/2013 06/01/2012 05/01/2013
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
Form I-9 Resources
M-274 Handbook for Employers
I-9 Central: www.uscis.gov
