GETTING THE FORM I-9 PROCESS RIGHT PRESENTED BY: JOHN R. WILSON SEPTEMBER 27, 2018 IMMIGRATION
INTRODUCTION IMMIGRATION
CURRENT TRENDS Immigration Reform Increased Funding Increased Enforcement Immigration Changes IMMIGRATION
TEMPORARY PROTECTED STATUS (TPS) Countries Previously Designated for TPS: Countries Currently Designated for TPS: El Salvador – Terminates 09/09/2019 Guinea Haiti – Terminates 07/22/2019 Liberia Honduras – Terminates 01/05/2020 Sierra Leone Nepal – Terminates 06/24/2019 Nicaragua – Terminates 01/05/2019 Somalia – Extended to 03/17/2020 Sudan – Terminates 11/02/2018 South Sudan – Extended to 05/02/2019 Syria – Extended to 09/30/2019 Yemen - Extended to 03/03/2020
BACKGROUND OF THE I-9: Prohibit the hiring or continued Immigration employment of unauthorized workers in the U.S. Reform and Makes employers responsible for Control Act of verifying identity and work 1986 (IRCA) authorization of all individuals hired after November 6, 1986
GETTING YOUR OFFICE ICE RAID READY Preparation Response Aftermath IMMIGRATION
PREPARATION ➢ Forms I-9 ➢ Employer Contacts IMMIGRATION
RESPONSE ➢ Cooperation ➢ Documents ➢ Consent vs. Warrant IMMIGRATION
AFTERMATH ➢ Employee Communication ➢ Results ➢ Consequences IMMIGRATION
THE NEW FORM I-9
RECENT CHANGES TO THE FORM I-9 Section 1 information can no longer be left blank. All areas must include either an answer or “N/A” Other names used are limited to last names in Section 1 Aliens authorized to work have options as to what information to enter in Section 1 The Preparer and/or Translator Certification in Section 1 must now be completed by the employee on every Form I-9 Multiple preparers and/or translators can be entered into Section 1 through the utilization of the new Form I-9 Preparer and/or Translator Supplement Section 2 now includes a citizenship/immigration status field There is an area for additional information in Section 2
NEW LISTS OF ACCEPTABLE DOCUMENTS Illustrations of many of these documents appear in the Handbook for Employers (M-274). Visit the Resources page at www.goffwilson.com to view the current version.
ELECTRONIC I-9 CONSIDERATIONS U.S. Employers are authorized to complete, sign and store the Form I- 9 electronically. The requirements that must be met are described at 8 CFR §274a.2. IMMIGRATION
ELECTRONIC GENERATION AND STORAGE - SYSTEM REQUIREMENTS Reasonable controls to insure its integrity, accuracy, and reliability; Reasonable controls deigned to present and detect any unauthorized or accidental creation of, addition to, alteration of, deletion of or deterioration of an electronically completed and stored I-9, including the electronic signature, if used; An inspection and quality assurance program; A retrieval system that includes a searchable indexing system; and The ability to reproduce legible hard copies.
ELECTRONIC SIGNATURE - SYSTEM REQUIREMENTS Allow the signatory to acknowledge that they have read the attestation and attach the electronic signature to the electronically completed Form I-9; Affix the electronic signature at the time of the transaction; Create and preserve a record verifying the identity of the person producing the signature; and Upon request of the employee, provide a printed confirmation of the transaction to the person providing the signature.
E-VERIFY – THE BASICS E-Verify is an internet-based system used by employers to verify employment eligibility by comparing information from an employee’s Form I -9 to data from the US Department of Homeland Security and Social Security Administration Requires a Social Security Number Requires a photograph on Identity Documents (List B) presented for Form I-9 completion Voluntary for most businesses
E-VERIFY – WHAT’S NEW? Modernization launch to improve users’ experience, reduce errors, and increase the speed and accuracy of the employment eligibility process Website enhancements for mobile devices Web services access method developed to allow employer to connect to E-Verify using software in addition to the internet E-Verify automated the verification process for employees whose TPS status was automatically extended in a Federal Register Notice Redesigned Case Details page E-Verify Self Check
COMMONLY SEEN IMMIGRATION DOCUMENTS IMMIGRATION
FEATURES OF THE REDESIGNED PERMANENT RESIDENT CARD Document Title (Permanent Resident Card) USCIS # (aka: A# or Alien #) Document Expiration Date Issuing Authority (USCIS) Card # (Application Receipt Number and the Document Number)
FEATURES OF THE REDESIGNED EMPLOYMENT AUTHORIZATION CARD Document Title (Employment Authorization Document or Card) USCIS # Card # (Application Receipt (aka: A# or Alien #) Number and the Document Number) Document Expiration Date Card # (Application Receipt Number and Issuing Authority (USCIS) the Document Number) appears a second time
THE BASICS OF THE FORM I-9 IMMIGRATION
MORE CHANGES Interim Final Rule published by the U.S. Department of Justice went into effect on 08/01/2016, which increased employer fines for Form I-9 violations. I-9 civil fines now range from $216 to $2,156 per violation, depending on the severity of the errors. Certain errors/omissions can also result in criminal liability. New Handbook for Employers (M-274) was released with new Form I-9.
DEADLINES Section 1 must be completed prior to the end of the first day of employment (Exception) Section 2 must be completed prior to the end of the third day of employment Employer is responsible for the completeness of Section 1
SECTION 1
SECTION 1 Must be completed by the employee Must be completed at the “time of hire” or before completing first day of employment Employee working less than 3 days the entire I-9 (Sections 1 and 2) completed before employment begins
SECTION 2
SECTION 2 Must be completed by the employer Must be completed prior to the end of the third day of employment Must personally review original documents Cannot ask for specific documents or for additional documents if I-9 has been satisfied
APPLYING KNOWLEDGE IMMIGRATION
U.S. DRIVER’S U.S. BIRTH CERTIFICATE LICENSE HOSPITAL BIRTH CERTIFICATE
STATE ID CARD SOCIAL SECURITY CARD
U.S. PASSPORT
UNEXPIRED EMPLOYMENT AUTHORIZATION DOCUMENT WITH ADVANCE PAROLE NOTATION (FORM I-766)
PERMANENT RESIDENT CARD
RULE - SECTION 3 MAY ONLY BE USED IF THE FOLLOWING CONDITIONS ARE MET: The employee’s I -9 was completed within the last three years; The form must be valid; AND No errors were made on the 1st version – it is a great opportunity to mitigate previous errors.
RECEIPT RULE: If an employee’s original document was lost, stolen or damaged , the employee may present a receipt for the application of a replacement document. The original, replacement document must be presented to the employer within ninety (90) days of hire. Upon reviewing the original replacement document, the employer should update the I-9 using the appropriate method outlined in the Handbook for Employers (M-274).
CALCULATING THE RETENTION DATE: Identify the date of hire and add 3 years = [date A] Identify the last date of employment and add 1 year = [date B] Compare dates [A] and [B] Determine the later of the dates [A] or [B] in each case. The later of the two becomes the retention date for the I-9.
HOW LONG SHOULD YOU KEEP IT??? Hire Date: 7/06/2016 Separated: 6/15/2017 ANSWER: 7/06/2019
RETENTION WORKSHEET AVAILABLE ONLINE www.goffwilson.com www.goffwilson.com Resources Resources I-9 Retention I-9 Retention
HOW LONG SHOULD YOU KEEP IT??? Initial I-9 Completion Date: 05/05/2016 First Term Date: 12/23/2016 Rehire Date: 01/15/2017 Final Period of Employment Ended: 09/01/2017 ANSWER: 05/05/2019
CORRECTING COMMON I-9 ERRORS: Do NOT use whiteout or corrective tape All corrections must be in a different colored ink – Do NOT use red All corrections must be initialed and dated Only the employee can correct Section 1 Only the employer can correct Section 2 Never backdate
QUESTIONS AND ANSWERS CONTACT US TWO CAPITAL PLAZA, CONCORD, NH 03302 T. 603.228.1277 20 TRAFALGAR SQUARE, NASHUA, NH 03063 T. 800.717.8472 225 FRANKLIN STREET, 26TH FL., BOSTON, MA 02110 T. 617.217.2623 91, RUE DU FAUBOURG ST. HONORE 75008 PARIS T. (01) 44.71.35.28 780 5TH AVENUE SOUTH, SUITE 20, NAPLES, FL 34102 T. 239.261.9082 WWW.GOFFWILSON.COM IMMIGRATION
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