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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On August 30, 2017   /   Uncategorized