E-Verify & I-9 News

Which version of the Form I-9 should employers use for their new hires?

 

USCIS made a mistake, corrected it, and posted a clarification on its website. The screenshots below shows the right version of  the Form I-9, which is now available for downloads in PDF on the USCIS website.

 

 

For a few days in June, there was a revised version of the I-9 form on USCIS.gov (June 08). The website has since been changed. However, some members had already advised clients to start using this revised form. Is the new form invalid or just not yet required?

 

The short answer is that if someone had used the previous version of the Form I-9 with the 6-16-2008 revision date, it is still valid.

 

Here is the long answer from USCIS:

 

 

Answer: There was an I-9 form on the USCIS website with a revision date of 6-5-07 that had an expiration date of 6-30-08. In mid-June 2008, a new form was posted with a revision date of 6-16-08 and an expiration date of 6-30-09. However, the content of the form did not change. Therefore, USCIS determined that the revision date did not need to be changed, however the expiration date did need to be changed. As a result, the I-9 form on USCIS.gov is the latest version of the form and it bears a revision date of 6-5-07 and an expiration date of 6-30-09. If individuals used the version of the form with the 6-16-08 revision date, it is still valid per the Verification Division of USCIS. For more information on the USCIS website go to: http://www.uscis.gov/i-9

 

 

On the same USCIS website page, you will also see the following statement:

 

 

Edition Date :
Rev. 6/5/07. No previous edition accepted.

 

 

This page also has a link for downloading Form I-9 in Spanish with the following warning from USCIS:

 

 

 

Note: The Spanish version of Form I-9, available below on this page, may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements.

 

 

 

 

Employers can request a Free E-Verify and Form I-9 HR Toolkit from the Tracker I-9™ website.  Tracker I-9™ is the electronic Form I-9 management software with E-Verify and immigration compliance features.

 

 

 

Posted by Tracker I-9™ team.

 

 

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

 

 

 

I-9 Forms can be filled out and retained on paper, but generating and processing them electronically means fewer errors. This is especially true for companies that have a large number of employees, high turnover rates, and/or multiple worksites.

 

Electronic I-9 systems allow for more efficient employee on-boarding, space-saving, and vastly improved compliance with employment, nondiscrimination and immigration laws. Using the reporting features of these systems, management and HR staff can be alerted to potential compliance problems.

 

While the employee’s original documents (such as passport, visa, driver’s license, SNN card, etc.) must still be presented in person, HR or other staff anywhere within a company can enter I-9 data directly into a secure system. Such systems have various self-audit features that help to reduce costly mistakes. They also give management a centralized view and control of the hiring process.

 

For many employers, some type of electronic management system is therefore essential to keep track of all the documents, deadlines, and work visa reverification requirements.

 

In processing the Form I-9 information, some software programs can also warn HR staff about actions that may amount to unlawful discrimination, although they can’t be a complete substitute for good knowledge of the law and good judgment. The penalties for ignoring the legal requirements of the I-9 process and for discrimination in hiring can be quite severe, even in cases of unintentional omissions and mistakes. The penalties for discrimination based on citizenship status or national origin can range from $275 to $2,200 for the first offense for each individual discriminated against; form $2,200 to $5,500 for the second offense; and for subsequent offenses, not less than $3,300 and not more than $11,000 for each affected person.

 

If violations occur, electronic management of the I-9 process may help employers establish “good faith” defense in the event they are charged with knowingly hiring an unauthorized foreign national.

 

Finally, some software programs also help employers manage the records of employees with unusual or temporary work visa authorizations. The law requires that when an employee’s work authorization expires, employers must reverify his or her employment eligibility.

 

The Tracker I-9™ system from ImmigrationTracker™ combines both Form I-9 employment eligibility and immigration management in one comprehensive package which generates alerts to HR staff about critical visa and I-9 authorization deadlines.

 

You may learn about Tracker I-9™ on our website, where you can also request a Free E-Verify and Form I-9 HR Toolkit.

 

 

Posted by Tracker I-9™ team.

 

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.