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FEDS TIGHTEN I-9 REQUIREMENTS & ADD NEW FORM

in News and Features

U.S. Citizenship & Immigration Services releases new I-9 Form – Employers must begin using it by May 1, 2020.

 

EMPLOYERS USING OUTDATED I-9 FORMS RISK COSTLY VIOLATIONS

The U.S. Citizenship and Immigration Services (USCIS) have released a new Form I-9, and employers must begin using it by May 1, 2020. Employers may continue to use the previous form through the deadline, but for convenience, employers may begin using the new form now. To stay compliant, you may download the new form directly from USCIS’ website.

NEW CHANGES ON ELECTRONIC FORM ONLY:

Added two listings: Revised the Country of Issuance field in Section 1 and the Issuing Authority field (when selecting a foreign passport) in Section 2 to add “Eswatini” and “Macedonia, North” per those countries’ recent name changes.

Instructions:

  • Clarified who can act as an authorized representative on behalf of an employer
  • Updated USCIS website addresses
  • Provided clarifications on acceptable documents for Form I-9
  • Updated the process for requesting paper Form I-9
  • Updated the DHS Privacy Notice

 

COMPLY WITH ALL VERIFICATION REQUIREMENTS OR FACE FINES

U.S. Immigration and Customs Enforcement (ICE) are fully committed to ensuring that employers comply with Form I-9 employment eligibility verification requirements. These requirements prove that an employee is legally allowed to work in the United States . Fines can range from $110 to $1,100 for errors such as not completing the form—but they increase dramatically for knowingly, or continuing to employ unauthorized workers—up to $14,050 for each violation.

 

TIMELY COMPLETION OF I-9 FORM

  • Section 1 must be completed “at the time of hire” means on or before the first day of employment.
  • Employers must take care in conducting the documentation review required for Section 2. Someone must review all identification documents in person, even for remote hires – on or before the third day of employment.
  • Employers must retain an employee’s completed Form I-9 either three years after the date of hire or one year after the date employment is terminated, whichever is later.

 

FAILURE TO RETAIN ORIGINAL I-9 FORM

Failure to retain the original Form I-9 (unless electronically stored and compliant with those rigorous requirements) constitutes a breach of protocol and will be classified as either a “Failure to produce Form I-9” or counted as a “Missing Form” — which is subject to fines.

 

STAY SAFE – TRAIN YOUR I-9 STAFF OR CALL CARDINAL

Employers need to ensure that company staff who are processing a Form I-9 are well-trained. It’s only a two-page form, but this is a high-risk area for employers.

  • If you co-employ with Cardinal, we can perform — or assist you through — the Employee Eligibility Verification process.
  • We communicate with your new employee to ensure that the proper documents are presented for verification.
  • Our experts monitor and perform an accurate completion of the Form I-9 to ensure compliance.
  • Cardinal assumes responsibility for maintaining appropriate records retention.
  • Cardinal specialists are also available to train your staff in the correct I-9 process. Call Cardinal Services at (800) 342-4742 to arrange a tutorial.
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