The Form I-9, Employment Eligibility Verification

THE GAME HAS CHANGED!

USICE has recently changed their tactics in the Form I-9 investigation process.  They have turned over Form I-9 information to local law enforcement agencies, enabling local law enforcement to conduct Grand Jury investigations into employees suspected of using fraudulent documents to gain employment.

Pro-active action on your part can help you avoid a lot of anguish in the future.  Now is the time to make sure your Form I-9’s are current, correct, and accurately completed.  Self-audits by employers of employment eligibility documents are usually not effective in identifying all of the possible errors.  We can conduct this review for you and identify errors you cannot find.  An independent audit is very important.  We can also coach you on the proper record retention process to ensure you have Forms I-9 on all of your current employees and those who were employed by you for the last three years.

Your business may be targeted at any time by
the Department of Homeland Security (DHS) for a worksite enforcement inspection.

The federal government requires all employers to verify the employment eligibility of every newly hired employee, regardless of nationality (this includes U.S. citizens) or country of origin. The process of complying with Form I-9 regulations can be confusing and difficult. Employer sanctions for failure to comply can be severe. Don’t put your company at risk by taking a "wait and see" approach to I-9 compliance.

Employers must maintain a correctly completed Form I-9 for every employee they hire. Improper completion of the Form I-9, Employment Eligibility Verification, failing to inspect the correct identity and work eligibility documents, and simple clerical mistakes are costing employers tens, and sometimes hundreds of thousands of dollars.

Ann Allott:

"On September 25, 2011 in Cody, Wyoming I had the great pleasure of meeting Senator Allen Simpson at the Buffalo Bill Historic Center. He is the U. S. Senator responsible for passing the Employer Sanctions Law of 1986 that created the Form I-9. He asked what I thought of the Form I-9. I said it now took a 64 page book printed by the federal government called the Handbook for Employers MI-274 to explain the one page form. Senator Simpson replyed I should not complain as the original form was 10 pages long. He refused to ask for the Employer Sanctions Bill to pass until it was boiled down to one page!!"

There are strict time requirements for completing the I-9 Employment Eligibility Verification forms by both the employee and the employer. In addition, there are strict requirements regarding the retention of those forms. The USCIS M-274 is the 64 page downloadable handbook containing instructions for employers on how to complete the Form I-9, Employment Eligibility Verification Form. USCIS has created Form I-9 Central to help employers with the Form I-9. For the latest updates on I-9 Central go to the USCIS What's New page.

Download the most current Form I-9, Employment Eligibility Verification.

If your business has received a Notice of Inspection (NOI) from Immigration and Customs Enforcement (ICE), contact us immediately. Typically you will be ordered to produce a list of all current employees and their I-9 Forms.  ICE will also ask for all Forms I-9 for employees terminated over the past 3 years. Depending on the scope of the investigation, ICE might also ask for payroll records, business licenses and other documents.You are given 3 business days to send all of the requested information to the ICE auditor. Click here to view an actual Notice of Inspection Letter.

Important Information for Colorado Employers: In addition to federal government Form I-9 requirements, Colorado Employment Verification Law has additional requirements that apply to all public and private employers in Colorado. View the Colorado "Affirmation of Legal Work Status" form (revised 1/11/12).

Best Practices for Form I-9 Preparation and Maintenance

To protect your firm, adopt the following best practices:

• Review your Form I-9 records NOW: Detect any errors on forms for current employees; know the most common mistakes.
• Correct Form I-9s: Correct old forms that contain errors.
• Conduct an Independent Form I-9 Audit: Contact Allott Immigration Law firm at 303-797-8055 for a compliance audit of your I-9 records.
• Document Requirements: Know which ID/employment eligibility documents
  are acceptable and which are not.
  • Example: Do NOT accept a U.S. passport that does not have a cover.
• Employment Verification Systems: Use E-Verify or Social Security number
  verification systems for employment authorization.

Form I-9 Training

Ann Allott and a panel of experts from the Colorado Department of Labor, ICE IMAGE program and Frazier International conduct a seminar on the Form I-9. View a video of the presentation: When ICE Comes Calling - Managing Risks, Auditing Forms, and Avoiding Penalties

To learn about complete Form I-9 Compliance, enroll your hiring managers in an upcoming Allott SmartForm I-9 Workshop.

If you prefer, Allott Immigration Law Firm offers Form I-9 Training on-site at your office. Contact us at fd@allott.com for more information.

Call toll-free 1-877-750-0022 to request information about an on-site training workshop or an expert Form I-9 audit.

Sign up for Allott’s SMART TIPs (in the left column). Some verification of employment SMART TIPS include:

• 7-Day Deadline: It is inappropriate to ask if an employee with an invalid SS number is an illegal worker. If the employee does not produce a valid SS number within 7 days, you may terminate him but encourage the employee to return when a valid number is obtained.
• Green Cards: Hiring managers should be aware Permanent Resident Cards (Green Cards) have been issued in several different formats over the years to combat document fraud.
• USCIS Issues Redesigned Green Card (May 11, 2010).
• It is unlawful for employers to knowingly accept any forged, counterfeited or altered identity document. Violation of the law exposes employers to sanctions under the Immigration Act.
• Hiring managers are not expected to be experts in detecting fraudulent documents but they are required to examine documents provided by the employee to determine whether the documents appear genuine and relate to the employee who presented them.

For more information about Form I-9 compliance, a Form I-9 Audit,
or other Form I-9 issues: