U.S. Citizenship and Immigration Services (USCIS) has released an updated version of its I-9 Handbook for Employers (download copy here)
Key Highlights of the Changes:
- Employers should not begin the I-9 process until the individual has accepted a job offer.
- Confirms that the employer has three (3) business days to complete Section 2 of Form I-9. This does not include the day of hire.
- Discusses how to handle employee name changes.
- Provides guidance on interruptions in employment, such as leaves, layoffs and mergers.
- Includes a new chart for calculating I-9 retention periods.
- Reviews electronic I-9 system requirements.
- Adds the requirement that certain federal contractors use E-Verify.
- Updates samples of relevant documents, such as adding the new Permanent Resident Card (i.e., the “green card”).
- Confirmation of accepting only non-expired documents.
What Employers Should Do:
The government continues to increase I-9 audits of employers! The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) serious audits started in April 2009, shows no signs of slowing down. If you are chosen for an I-9 audit, you will receive Form I-9 Notices of Inspection, the letter that marks the start of an ICE I-9 audit. As a result, employers must continue to review and maximize I-9 records compliance. Reviewing I-9 policies, training persons responsible for I-9 completion and conducting a self-audit of I-9 records are the steps an employer should consider. Completing these steps is likely to reduce potential fines and the chances of other sanctions being imposed should your company be the subject of an ICE I-9 audit. Although it is not comprehensive, the new I-9 Handbook for Employers provides valuable information and is an essential reference tool for all Employers.