The I-9 Reporting and Compliance Webinar

Transcription

1 The I-9 Reporting and Compliance Webinar Presented by Max Muller SkillPath. All rights reserved.

2 I-9 Forms» You need an I-9 form for each employee.» Mishandled paperwork leads to fines.» Audit your files.» We ll go through all sections of the form.» Learn how to retain forms electronically.

3 If ICE Comes Calling» Not having I-9s for 10 employees could cause up to $11,000 worth of fines.» Because penalties are heavy, do an internal audit now.» Document your self-audit.

4 I-9 Section 1 1. No name/address/date of birth 2. No A number 3. No signature 4. Not completing the form before beginning work 5. Unchecked boxes 6. No preparer/translator name 7. No date in the preparer/translator box

5 1. No acceptable List A, or B and C document 2. No document title, issuing authority, numbers, or expiration dates for documents 3. No business title, name, or address 4. No date for when employment began 5. No employer signature, printed name, or attestation date 6. Not completing by the third business day after the employee started work 7. Writing See attached I-9 Section 2

6 I-9 Section 3» No document title, number, or expiration date for documentation» No date of rehire» No new name» No employer signature or date» Completion after work authorization expired

7 Correct Missing Data» Complete a new form.» Handbook for Employers» Retain old, incorrect form.» Add a memo to the file.» You may cross through incorrect information as long as you initial the change.

8 Who Must Complete I-9s?» U.S. and Puerto Rico: Employers with 4 or more employees Employees hired after 11/6/1986» Commonwealth of the Northern Mariana Islands Verify each new employee. Hired after 11/27/2011

9 From Page 1: From Page 7: Anti-Discrimination Notice

10 Anti-Discrimination Notice» Provide a copy of the List of Acceptable Documents.» Employees must be provided the instructions.» In the U.S., the English I-9 must be filled out, but the Spanish-language form can be used to assist.

11 Filling Out Section 1» It must be completed by the first day of employment.» It can only be completed after the job is accepted.

12 E-Verify» Link to federal databases for employment authorization.» Sections 1 and 2 are submitted to receive verification.» E-Verify is free for employers.» It s voluntary except in certain situations.

13 Memorandum of Understanding Employer agrees to: 1. Initiate a query after employment is accepted. 2. Initiate a query within 3 business days of completing the I Verify all new hires. 4. Not use E-Verify for reverification. 5. Not use E-Verify for pre-hire screening. 6. Allow DHS and SSA to periodically review E-Verify records. 7. Allow DHS and SSA to interview employees.

14 Filling Out Section 1

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16 Preparer and/or Translator Certification Box

17 Filling Out Section 2

18 List of Acceptable Documents

19 Filling Out Section 2 Special Placement

20 Acceptable Receipts» An acceptable receipt can be presented if the employee is unable to present a required document.» A receipt is only acceptable for a document that is lost or damaged.

21 Form I-94

22 Photocopies» If you use E-Verify, photocopy all verification documents.» If you don t use E-Verify you may copy documents, but you must do it for all new hires and reverifications.» Photocopies can t take the place of an I-9.

23 Filling Out Section 2

24 Filling Out Section 3» Employers must reverify when an employment authorization expires.» If you rehire an employee within 3 years you can fill out section 3 only, unless there is a new version of the I-9.» Don t reverify U.S. citizens and noncitizen nationals or lawful permanent residents

25 Filling Out Section 3

26 Retaining Form I-9

27 Retaining Form I-9» It s not recommended to file I-9s in personnel files.» USCIS provides a PDF form I-9 that can be retained electronically if: 1. Can t be digitally altered 2. Can be indexed 3. Legible 4. Available for inspection» You must have a records security program.

28 Conclusion 1. The form is clear and legible. 2. The date the employee began work matches payroll records. 3. Marks, hole punches, and staples shouldn t obscure information. 4. Copies are legible. 5. Use only widely used abbreviations. 6. Everything should be filled out; put N/A in fields with no information. 7. Use the most current version of the I Use the English version unless you re in Puerto Rico.

29 Thank you for joining us today! SkillPath. All rights reserved.