Final Rule On Electronic Storage of I-9's
The final rule regarding the electronic storage of I-9s has recently been issued. Separate and apart from the E-Verify system that some employers use, these new rules address only how records are prepared and stored. While employers have been able to store these records electronically since 2006, the new rules seek to make a few changes.
1. It clarifies how “within three business days of hire” is calculated, confirming that they are counted based on business, not calendar days.
2. It requires certain audit trails when an I-9 in the system is accesses as well as the creation and further modifications to the form.
3. It requires that the employer, provide a hard copy of the form to the employee if he/she requests one.
For more information: USCIS Employment Eligibility Verification
Posted By Diane Pfadenhauer In Immigration | Permalink
USCIS E-Verify Guide Issued Specifically for Government Contractors
As everyone knows, government contractors are now required to use use E-verify. The requirement to use E-verify went into effect on September 8th. In an effort to assist contractors who have not previously used the system, USCIS has issued a comprehensive guide specifically for contractors. The guidance provides specific information with respect to how contractors must use the system, which employees are affected and when the verification rule applies. It also provides a time line for compliance for new contractors or those awarded new contracts.
Follow this link to: E-Verify Supplemental Guide for Federal Contractors
Posted By Diane Pfadenhauer In Federal Contractors , Immigration , Policies & Procedures , Staffing, Recruitment, Selection | Permalink
Expiration Date of Form I-9 Extended to 08/12
Just a quick note to mention that USCIS has amended the I-9 form to reflect a new revision date of Aug. 7, 2009. But, that does not mean that the forms you are currently using are obsolete. Employers can use the Form I-9 with the revision date (located on the bottom right of the form) of either Aug. 7, 2009 or Feb. 2, 2009.
Do yourself a favor and tale a peak at the latest I-9 Employer Handbook so that your practices are up to date. It's latest version is from April of this year.
Posted By Diane Pfadenhauer In Immigration | Permalink
Use of Revised I-9 Now Required
The U.S. Citizen and Immigration Services Department issued a reminder that today, April 3rd is the day to begin using the new I-9 form. Originally, the new form was to go into effect in February, but that date had been revised to April 3rd. A few notes are in order:
1. Begin using the new form today.
2. Download a copy of the new manual for employers to make sure your internal process remain in compliance and be sure to review the discussion of approved documents on page 43. The manual contains information on:
How to complete the form
Completing form I-9 .5
Photocopying and retaining the form
Instructions for recruiters and referrers for a fee
E-Verify
Acceptable documents for verifying employment authorization and identity
Handbook for Employers - Employment Eligibility Verification
Posted By Diane Pfadenhauer In Immigration | Permalink
May 21, 2009 - The New Effective Date for Federal Contractors and E-Verify
The U.S. Citizenship and Immigration Services (USCIS) has announced that Federal Contractors must begin using its E-Verify system beginning on May 21, 2009, to verify employees’ eligibility to legally work in the United States.
This rule requires federal contractors to agree, through language in their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States.
Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date and begin using the E-Verify system to confirm that all of their new hires and their employees working on federal contracts are authorized to legally work in the United States.
For information regarding this announcement follow this link:
USCIS Latest Announcement on E-Verify
For more information on the USCIS website regarding the E-Verify Rule:
Federal Contractors and E-Verify
Posted By Diane Pfadenhauer In Immigration | Permalink
Issuance of List of Approved I-9 Documents Delayed
U.S. Citizenship and Immigration Services (USCIS) has announced a delay of 60 days for the issuance of an approved list of documents acceptable for I-9 compliance. For more on the recent USCIS announcement follow this link:
USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility
Posted By Diane Pfadenhauer In Immigration | Permalink
New I-9 Form Issued
Here is a link to the revised form:
Employment Eligibility Form I-9Posted By Diane Pfadenhauer In Immigration , Policies & Procedures | Permalink
What An Auditor Will Ask in an I-9 Audit
Not a bad place to start in making sure your own documents are in order. Posted By Diane Pfadenhauer In Immigration | Permalink"1. Do you have policies and procedures for verifying an employee’s identity, and are they in writing?
2. Do you conduct awareness training for staff who deal with I-9s? And is the training documented?
3. Do you conduct sample audits of verification documents, including the I-9 forms and supporting documents?
4. If you find problems with a sample audit, do you conduct a wider audit to see if the problems are widespread?"
