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New Form I-9 News + Audit How To’s

The United States Citizenship & Immigration Services (USCIS) has launched an updated I-9 Form, effective for use beginning July 17, 2017. All employers must use the updated I-9 Form no later than September 18, 2017. Read further for details on the new 2017 revisions, plus tips for auditing your I-9 Forms.

Revisions to the Form I-9 instructions
  • We changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
  • We removed “the end of” from the phrase “the first day of employment.”
Revisions related to the List of Acceptable Documents on Form I-9
  • We added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • We combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
  • We renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.
How To: Audit I-9 Form

The USCIS has created a handy guide to auditing your I-9 Forms; Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits.

It is important to remember, employers cannot make corrections to the I-9 Form. The employee must do this. Simply have the employee mark a line through the incorrect item, write the correct information, then initial and date the change.

Steps to conducting a form I-9 Audit;
  • All employees hired on or before November 6, 1986 are not required to have an I-9 Form if they have worked with the organization continuously.
  • Confirm all employees have an I-9 Form (Employers will never need an I-9 Form for volunteers, independent contractors or consultants).
  • Maintain a list of the individuals that are not required to have an I-9 Form.
  • Prioritize I-9 Form issues; all current employee missing the I-9 Form should fill one out immediately to confirm work authorization.
  • Consider using different color ink to highlight changes made
  • Keep extra copies of the I-9 Form handy; there may be errors too large to simply omit corrections and a new form will need to be used.
Items to Review When Auditing Section 1
  • The name, address, maiden name and date of birth must be completed.
  • Currently the I-9 Form Social Security number is voluntary except for employers that participate in the E-verify program.
  • The employee must identify his or her immigration status and sign and date the form.
  • The preparer or translator section is to be completed only if someone other than the employee completed Section 1 on behalf of the employee.
Items to Review When Auditing Section 2
  • Confirm the proper document is entered into the appropriate column. For example; employers must verify that a List C document is in fact listed under List C and not under List A or List B.
    • Note (via USCIS): 
      • List A contains documents that show both identity and employment authorization
      • List B documents only show identity only
      • List C documents only show employment authorization only
  • The details of each document must be filled out completely.
  • The certification section must be completed, and an authorized representative of the company must sign and date the form.

 

Items to Review When Auditing Section 3
  • In most cases, Section 3 will be blank; however, section 3 may be completed if the employee’s work authorization expired or if the employee has been rehired, or possibly if the employee had a name change.
  • Expired permanent resident cards and List B documents from the Form I-9 do not need to be reverified. These documents must not be expired when the I-9 is initially completed, but their subsequent expiration does not trigger the requirement to reverify the I-9.

 

Please see our ‘Human Resources Self-Audit’ Guidebook, available in the EAF Members Only section, for additional I-9 Auditing tips, plus other department items to audit. Login today! 

 

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EAF provides information about current developments in labor and employment law. This information is intended for educational purposes only and should not be considered legal advice. Questions requiring legal advice should be addressed to the attorney of your choice. EAF members may be able to obtain a legal interpretation through our FREE Legal Hotline.