USCIS Seeks Comments on Proposed Changes to Form I-9

On March 28, 2016, USCIS published a 30-day notice in the Federal Register (FR) inviting public comment on proposed changes to Form I-9, Employment Eligibility Verification. The public may provide comments on the proposed changes for 30 days, until April 27, 2016.

Many of the proposed changes to Form I-9 were designed to reduce technical errors and help customers complete the form on their computer after they have downloaded it from uscis.gov.  In response to the public comments USCIS received during the 60-day notice, USCIS has made further improvements to the proposed form.
Key changes to the form include:

• Validations on certain fields to ensure information is entered correctly;
• Additional spaces to enter multiple preparers and translators;
• Drop-down lists and calendars;
• Embedded instructions for completing each field;
• Buttons that will allow users to access the instructions electronically, print the form and clear the form to start over;
• A dedicated area to enter additional information that employers are currently required to notate in the margins of the form;
• A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline audit processes;
• Requiring employees to provide only other last names used in Section 1, rather than all other names used;
• Removing the requirement that aliens authorized to work provide both their Form I-94 number and foreign passport information in Section 1;
• Separating instructions from the form, in keeping with USCIS practice;
• Adding a Supplement in cases where more than one preparer or translator is used to complete Section 1.

After the 30-day period

After the 30-day period ends and public comments are considered, USCIS may make further changes to the form. The Office of Management and Budget (OMB) will review the information collection for approval. Once OMB approves the information collection, USCIS will post the newly revised form and form instructions on its Forms page and make the form available for use by the public.

Until further notice, employers should continue using Form I-9, Employment Eligibility Verification.  This current version of the form continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the U.S.  To learn more about Form I-9 visit I-9 Central.

NEW Form I-9 Released

USCIS has announced the long awaited release of a new Employment Eligibility Verification, Form I-9 (Rev. 03/08/13). Since it’s been over three and a half years since USCIS last released a new version of the Form I-9, this post seeks to help you understand what you can expect to see on the new Form I-9 and to help you start thinking about how it might impact your hiring and on-boarding process.

By way of background, nearly a year ago, USCIS published the first draft of the new form. Then in August, USCIS proposed a few updates to the draft after reviewing over 6000 public comments. As a quick overview, key changes you can expect to see on the new form:

• New data fields, including the employee’s foreign passport information, phone number and email address;
• Expanded form instructions; and
• Revised form layout, increasing the paper form from one to two pages.

The new addition of the Form I-9 will take effect immediately on publication. However, employers can continue to use the previous versions of the Form I-9 (Rev. 08/07/09 and Rev. 02/02/09) for 60 days after the new Form I-9 is released.

The new fields added to the form will probably have the greatest impact on employers since hiring managers will need to be trained to recognize the new fields, understand their significance, and be able to apply the compliance rules to ensure the form’s proper completion. Yes, the new fields do mean that the U.S. Government has made the most complicated one page form in the universe even more complicated! Of course, the expanded instructions are important since many employers and employees rely upon the instructions as the sole source of guidance for how to complete the complex form.

Given that the new Form I-9 will impact the hiring process of all employers, many companies are thinking about taking this opportunity to go electronic. If you are required to integrate a new Form I-9 into your business process, why not examine how an electronic I-9 solution can do most of the implementation work for you while dramatically improving compliance and efficiency? If you are ready or willing to switch to an automated I-9 system, make sure the system you adopt is poised to implement the new Form I-9 and meets or exceeds electronic Form I-9 requirements, such as Tracker I-9 .

Source: E-Verify & I-9 News

This information is intended to be educational and should not be considered legal advice on any specific matter.

E-Verify Employers Search Tool

Source: USCIS

U.S. Citizenship and Immigration Services (USCIS) has just launched the new E-Verify Employers Search Tool that allows you to find employers currently enrolled in E-Verify.

The search tool includes exciting features such as the capability to filter, sort, and export employer results. It replaces the lists of E-Verify employers and federal contractors which previously appeared on the E-Verify Website. View the new E-Verify Employers Search Tool. 

 

For more information, click here.

This information is intended to be educational and should not be considered legal advice on any specific matter.

E-Verify Employee Rights Toolkit

U.S. Citizenship and Immigration Services has issued a new E-Verify Employee Rights Toolkit that incorporates OSC's E-Verify worker flyer and E-Verify advocate flyer. For more on this topic, click here.

For information on the affirmative action services offered by THOMAS HOUSTON please call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Best Practices for Job Postings and Spotting E-Verify Discrimination Flyers

Source:  Department of Justice

The Department of Justice's Office of Special Council for Immigration Related Unfair Employment Practices (OSC) has posted two new flyers to its website.

• “Best Practices for Job Postings” flyer aims to educate employers and recruiters on avoiding citizenship status and national origin discriminatory language in job postings, and to ensure that job applicants are not precluded from consideration on a discriminatory basis. 

•  “How Advocates Can Identify Possible E-Verify-Related Employment Discrimination” is geared toward helping advocates (i.e. IAN Attorneys) identify whether employers misused E-Verify in a discriminatory manner.

Download OSC's "Best Practices for Job Postings"

Download OSC's “How Advocates Can Identify Possible E-Verify-Related Employment Discrimination”

E-Verify en Español

Source:  U.S. Citizenship and Immigration Services [uscis@public.govdelivery.com]

Los empleadores que hablan español ahora pueden aprender acerca de E-Verify en su lengua materna!  La presentación general de E-Verify se explica cómo funciona el E-Verify, cómo inscribirse, las responsabilidades del empleador y mucho más. Incluye consejos útiles. Para revisar y descargar la presentación, haga clic aquí.

La presentación está disponible tanto en www.dhs.gov/E-Verify and www.uscis.gov/E-Verify/Espanol
____________________________________________________________________

E-Verify in Spanish

Spanish speaking employers can now learn about E-Verify in their native language! The E-Verify Overview presentation explains how E-Verify works, how to enroll, employer responsibilities and much more. It includes helpful resource and engagement tips. To view and download the presentation, click here. 

The presentation is available on both www.dhs.gov/E-Verify and www.uscis.gov/E-Verify/Espanol.

This information is intended to be educational and should not be considered legal advice on any specific matter.

SSA reminds employers about E-Verify

Source:  CCH® PAYROLL — 5/23/12

According to the Social Security Administration (SSA), employers have enrolled to use E-Verify at more than one million worksites. More than 2,500 new employers are enrolling every week. The number of employers enrolled in E-Verify has more than doubled since 2009. E-Verify is administered by the Department of Homeland Security (DHS) in partnership with the SSA. The program’s focus is always on continuing to improve its performance. E-Verify is improving ever year. In fiscal year (FY) 2011, more than 98% of workers were automatically confirmed as work authorized, instantly or within 24 hours. A U.S. Government Accountability Office report found that E-Verify had reduced mismatches by more than five percentage points from 8% in 2007 to 2.6% in 2009. In FY 2010, that rate went even lower - to 1.7%. E-Verify participation grows dramatically, while the system’s performance improves significantly every year. Here are some of the enhancements E-Verify has made over the past few years:

Photo matching
Photo matching, introduced in 2007, improved E-Verify’s ability to detect and combat identity fraud. The feature allows participating employers to compare photos on employment authorization documents or permanent resident cards, and now U.S. passport photos, to images stored in DHS databases.

Naturalization data
Naturalization data was added to E-Verify in 2008. This reduced the number of mismatches for naturalized citizens by 35 percent. With the addition of passport data in 2010, the E-Verify mismatches were further reduced by more than 81,000.

Self check
Self Check was initially launched in March 2011 to five states and made available nationwide in February 2012. This innovative service allows individuals to verify and learn how to correct their own records before they meet their next employer.

RIDE
RIDE initiative, launched in June 2011, is E-Verify’s first collaboration with a state Department of Motor Vehicles to verify information from the most commonly presented identity document the driver’s license. Mississippi is the first state partner in the RIDE program, and hopefully other states will follow.

To learn more, visit www.dhs.gov/E-Verify. (SSA/IRS Reporter, Summer 2012

This information is intended to be educational and should not be considered legal advice on any specific matter.

Can You Spot E-Verify Discrimination?

THE FOLLOWING ARE POTENTIALLY DISCRIMINATORY PRACTICES FOR FEDERAL CONTRACTORS REQUIRED TO USE E-VERIFY:

TRUE OR FALSE?

1. Terminating/suspending workers who choose not to contest a Tentative Nonconfirmation (TNC).
2. Using E-Verify to pre-screen applicants.
3. Ensuring that Form I-9 List B documents have a photo.
4. Clearly displaying the English and Spanish 'Notice of E-Verify Participation' and the 'Right to Work' posters.

(Answers at the bottom)

The E-Verify Federal Contractor Rule

On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published a Federal Acquisition Regulation (FAR) final rule (FAR case 2007-013, Employment Eligibility Verification) that implements the amended Executive Order 12989. The FAR is a set of rules and regulations used to manage the way the federal government acquires supplies and services with appropriated funds.

The FAR final rule, known as the E-Verify federal contractor rule, directs federal agencies to require many federal contractors to use E-Verify to electronically verify the employment eligibility of their employees. It requires federal contractors, through language inserted into their federal contracts, to agree to use E-Verify to verify the employment eligibility of all persons hired during a contract term, as well as current employees who perform work under a federal contract within the United States. The rule's requirements to include language on E-Verify in federal contracts took effect on September 8, 2009.

THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance. For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please call 1 (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Form I-9 "No Match Letters" - Correct Corrective Action

The Department of Homeland Security (DHS) on January 24th announced forfeitures, each in the amount of $2 million dollars, for two companies as a result of Form I-9 non-compliance. Both companies received multiple Tentative Non-Confirmation (TNC) notices or "no match letters" through E-Verify and "failed to take corrective measures" thus continuing to employ undocumented aliens.

What is the correct corrective action for employers?

1. Notify employee of the TNC - Print the TNC and follow the employee notification instructions provided on the printed form. NOTE - In some cases E-Verify will prompt you to provide a copy of the employee's photo document.
2. Determine and document the employee's decision to contest on the printed TNC - Both Employer and Employee must sign and date.

• If "yes" then "continue" the case and follow instructions to refer to the appropriate agency - Social Security Administration (SSA) or Department of Homeland Security (DHS).
• If "no" then "close" the case by indicating whether the employee is still employed* and select the appropriate closure statement. Retain the verification number.
2. Provide referral letter to employees wishing to contest - Print the Referral letter (SSA or DHS), follow the referral letter instruction provided and ensure signature and date by both employer and employee. Employee has eight Federal working to contact the appropriate agency to resolve the non-confirmation.
3. Where requested, submit a copy of employee's photo document as instructed.
4. Check E-verify for updated case results and follow instructions provided.
5. "Close" the case by indicating whether the employee is still employed* and select the appropriate closure statement. Retain the verification number.

* no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. If an employee chooses not to contest a TNC, the employer may terminate the employee based on E-Verify without civil or criminal liability.

THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance. For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please visit our website, call 1 (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Secretary Napolitano Recaps the Success of Form I-9 Enforcement

Included in the testimony given by Secretary Janet Napolitano before the United States House of Representatives Committee on the Judiciary was a summary of the success and progress of the Department of Homeland Security’s worksite enforcement activities:  Since Fiscal Year 2009, ICE has audited more than 6,000 employers suspected of hiring illegal labor, debarred 441 companies and individuals, and imposed more than $76 million in financial sanctions.  In Fiscal Year 2011, ICE also criminally arrested 221 employers accused of violations related to employment, an agency record.

Secretary Napolitano credited specific practices for the successful results:  Focusing on employers who knowingly and repeatedly hire illegal labor, utilizing robust Form I-9 inspections, civil fines, debarment, and enhancing compliance tools like E-Verify.

E-Verify is a web-based employment verification system managed by U.S. Citizenship and Immigration Services (USCIS) and is designed to assist employers in complying with the law.  According to the testimony, as of Fiscal Year 2011, more than 292,000 employers have enrolled in E-Verify, representing more than 898,000 locations. More than 1,000 new employers enroll each week and the number of employers enrolled in E-Verify has more than doubled each fiscal year since 2007. In Fiscal Year 2011 alone, E-Verify processed 17.4 million employment queries.  Specific improvements to E-Verify's accuracy and efficiency were cited including a reduction in mismatches for naturalized and derivative U.S. citizens by adding naturalization data and U.S. passport data to E-Verify.

THOMAS HOUSTON associates, inc. can assist your company in Form I-9 compliance.  We offer both a Form I-9 Compliance Assessment service and an on-line self-paced Form I-9 / E-Verify Compliance training course.  For more information, please visit our website, call 1-800-330-9000 or click here to schedule a convenient time for one of our consultants to call you.