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.
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.
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.
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.
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.
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.
Ari Rosenstein is the Director of Marketing at CPEhr, a human resource outsourcing
firm, specializing in labor law compliance and PEO services. It
currently services 15,000 employees and hundreds of clients nationwide.
CPEhr was founded in 1982 and assists small employers with the management of their employees and compliance with employment regulations. CPEhr provides a range of employment support services, such as the management of Human Resources administration, providing legislative compliance consulting, management training and recruiting services.
Additionally, CPEhr provides a range of insurance packages which include a comprehensive array of employee benefit packages, Workers' Compensation Insurance (including safety consulting support), and Payroll and Tax Administration.
CPEhr was founded in 1982 and assists small employers with the management of their employees and compliance with employment regulations. CPEhr provides a range of employment support services, such as the management of Human Resources administration, providing legislative compliance consulting, management training and recruiting services.
Additionally, CPEhr provides a range of insurance packages which include a comprehensive array of employee benefit packages, Workers' Compensation Insurance (including safety consulting support), and Payroll and Tax Administration.
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