may 7 i-9 form mandate, revisions and use overview
DESCRIPTION
USCIS issued a revised I-9 Form that is mandated for use as of May 7. Here is an overview of the changes and what you need to know.TRANSCRIPT
I-9 Form Revisions & The May 7th Mandate
May 1, 2013
Overview
• What’s New • About the Form • Three Key Changes • Civil Fines and Criminal Penalties • Form Availability & Information • Retain & Store • Other Things to Know • How Serotte Law Can Help
What’s New
• USCIS introduced a new I-9 Form on March 8th • The form was optional to use until May 7th, at
which time using the new form is mandated • USCIS gave companies a 60 day grace period
before the mandate to allow them to update processes and procedures
• The form used as of May 7th must show “Rev. 03/08/13 N”
What’s New
Revisions are highlighted.
About the Form
• Form I-9 is the core of E-Verify. E-Verify is an Internet-based system that compares information from the I-9 to government records to confirm that an employee is authorized to work in the U.S.
Form I-9 E-Verify
Is mandatory Is voluntary for most businesses
Requires a Social Security number Requires a Social Security number
Does not require a photo on identity documents (List B from the instructions)
Requires a photo on identity documents (List B from the instructions)
Must be used to re-verify expired employment authorization
MAY NOT be used to re-verify expired employment authorization
Three Key Form Changes
• The main changes to the newly revised I-9 Form are: – additional data fields, including: the employee's
foreign passport information (if applicable), telephone number, and email address
– improved instructions – and a revised layout that expands the form to two
pages instead of one, not counting the instructions and list of acceptable documents
Civil Fines for Form I-9 Violations
Civil Violations
First Offense Second Offense Third Offense Minimum Maximum Minimum Maximum Minimum Maximum
Hiring or employing a person not authorized to work in the US
$375 for each worker.
$3,200 for each worker.
$3,200 for each worker.
$6,500 for each worker.
$4,300 for each worker.
$16,000 for each worker.
Not complying with I-9 req’s
$110 for each form.
$1,100 for each form.
$110 for each form.
$1,100 for each form.
$110 for each form.
$1,100 for each form.
Document fraud
$375 for each worker.
$3,200 for each worker.
$3,200 for each worker.
$6,500 for each worker.
$3,200 for each worker.
$6,500 for each worker.
Document abuse.
$110 per violation.
$1,100 per violation.
$110 per violation.
$1,100 per violation.
$110 per violation.
$1,100 per violation.
Discrimination in hiring, firing, etc.
$375 per violation.
$3,200 per violation.
$3,200 per violation.
$6,500 per violation.
$4,300 per violation.
$16,000 per violation.
Criminal Penalties for Form I-9 Violations
Criminal Violations First Offense Second Offense Third Offense
Engaging in hiring, recruiting or referring for a fee unauthorized aliens.
•Up to $3,000 for each unauthorized alien. •Up to 6 months in prison for the entire pattern or practice.
•Up to $3,000 for each unauthorized alien. •Up to 6 months in prison for the entire pattern or practice.
•Up to $3,000 for each unauthorized alien. •Up to 6 months in prison for the entire pattern or practice.
Form Availability & Information
• The new form will be available on USCIS's website at http://www.uscis.gov/I-9Central
• Employers also can obtain forms by calling 1-800-870-3676
• More information about the I-9 process is available through the USCIS's National Customer Service Center at 1-800-375-5283
Form Retention
• According to USCIS, employers must maintain I-9 forms for their employees: – as long as they work for the employer – and for the required retention period after the
end of employment: • which is either three years after the date of hire • or one year after the date employment ended
(whichever is later)
Storing Form I-9
• Employers must make I-9 forms available for inspection by Immigration and Customs Enforcement, the Department of Justice, and the Department of Labor .
• Maintain I-9 Forms and supporting documents in a secure location and make them readily available for inspection. For example: – On-site – At an off-site storage facility – With personnel records – Separate from personnel records – In a single format or a combination of formats
• Paper, microfilm or microfiche, electronic (ex. PDF)
Other Things to Know
• The revised I-9 does not need to be completed for existing employees with an I-9 on file
• Only if employment eligibility needs to be re-verified does the form need to be completed again
• USCIS cautioned that unnecessarily re-verifying employment eligibility could violate the anti-discrimination provision of the Immigration and Nationality Act
• A Spanish version of the revised form is available on the USCIS website for use in Puerto Rico only
How Serotte Law Can Help
• We are available to answer any questions you may have regarding the I-9 Form
• Please contact us if you would like: – to review the new I-9 Form and requirements via a 15
minute Skype or phone call – an expanded version of this PowerPoint
[email protected] or 716-881-2600