I-9s on My Mind

I-9s are a common point of liability for companies. While seemingly easy to complete, few employers pay appropriate attention to the details of the form and the requirements placed on employers to complete it.

One of the most common mistakes I have seen made is having the employee complete the form more than three days after he or she starts working. The cost of this violation could be $110 per I-9 form.

I recently audited a client who had 14 errors on the 4 forms I reviewed. The cost of that could be more than $1,400. Of course, one would suspect a similar number of errors on the remaining forms, potentially costing the employer thousands of dollars if she is audited.

Combine that with the United States Citizenship and Immigration Services's (USCIS) strategic plan of cracking down on I-9 noncompliance through 2014, and employers should be paying attention.

As part of a broader effort to reduce illegal immigration, Georgia passed SB 40/HB 87, which requires employers with 10 or more employees to start using E-Verify as soon as July 1, 2011. The law would also require new businesses to verify that they are authorized to utilize E-Verify before obtaining the necessary licenses and certificates to do business.

And now to the News:

On April 15, 2011, the USCIS published a Final Rule relating to I-9 forms.

The main focus is on prohibiting employers from accepting expired documents. The reasoning behind this rule is that expired documents may not demonstrate the correct status of the bearer, are prone to tampering and fraudulent use, and may create confusion among employers.

In addition, the USCIS expressly states that Forms I-688, I-688A, and I-688B are removed from the list of acceptable documents because the USCIS no longer issues these documents, and all document issues would be expired at this time.

The USCIS added the new U.S. passport card and temporary Form I-551 "Permanent Resident Card" with a printed notation on a machine readable immigrant visa, as well as documentation for certain citizens of the Federated States of Mirconesia (FSM) and the Republic of the Marshall Islands (RMI) to List A.

The Take Away:

The final rule takes effect on May 16, 2011.

A copy of the current form is available at: http://www.uscis.gov/files/form/i-9.pdf

If you have not audited your I-9 files for compliance, let HR Consult Team do it for you! Contact us today to schedule your audit.

Also, if you need assistance with E-Verify, HR Consult Team is in the process of becoming an E-Verify Employer Agent and can assist employers with establishing an account and utilizing E-Verify.