E-Verify & I-9 News

Here’s the latest addition to our continuing series of educational videos:
Form I-9 Best Practices for Remotely Hired Employees

How to avoid the 5 common mistakes when completing the Form I-9 for remote hires. Tracker Corp’s Brian Fancher explains the best way to work with a Notary Public and an employer representative for onboarding employees who are unable to visit your Human Resources dept. to complete the I-9 form.

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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[Editor’s Note: today’s post is brought to you by guest blogger John Manley, U.S. Immigration Attorney and Co-Liaison to U.S. Customs and Border Protection.]

Several states began requiring various employers to use the E-Verify system as of January 1, 2012.

Here is a list of these states and their E-Verify laws that go into effect in varying stages:

1. Louisiana: Act 376 will apply to private employers who bid on public entity projects or enter into contracts with a public entity on or after Jan. 1, 2012. The law requires that private employers who bid on a public entity project or enter into a contract agreement with a public entity for the physical performance of services, confirm in a sworn affidavit that the company uses the E-Verify® system to validate the legal citizenship or legal alien status for all employees within the United States. If the employer is awarded a contract, he is required to E-Verify all new employees in Louisiana hired through the duration of the contract. The requirement applies to both general contractors and their subcontractors. SOURCE

2. Alabama: Effective January 1, 2012, state contractors must use E-Verify. Effective April 1, 2012, every business entity or employer in this state shall enroll in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify, shall verify the employment eligibility of the employee through E-Verify. A business entity or employer that uses E-Verify to verify the work authorization of an employee shall not be deemed to have violated this section with respect to the employment of that employee.   SOURCE

3. Tennessee: under the Tennessee Lawful Employment Act of 2011,the employment verification provisions will be phased in as follows [SOURCE]:

• All state and local government agencies must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee no later than January 1, 2012

• All private employers with 500 or more employees must enroll and participate in E-Verify or request and maintain an identity / employment authorization document from a newly hired employee no later than January 1, 2012

• All private employers with 200 to 499 employees must enroll and participate in E-Verify or request and maintain an identity / employment authorization document from a newly hired employee no later than July 1, 2012

• All private employers with 6 to 199 employees must register and utilize E-Verify or request and maintain an identity / employment authorization document from a newly hired employee no later than July 1, 2013

4. South Carolina: the South Carolina Illegal Immigration and Reform Act requires all employers to enroll in the U.S. Department of Homeland Security’s E-Verify system beginning January 1, 2012 and to verify the legal status of all new employees through E-Verify within three business days. Employers may no longer confirm a new employee’s employment authorization with a driver’s license or state identification card. SOURCE

5. Georgia: The E-Verify Provision in Georgia’s H.B. 87 will require Georgia businesses with 500 employees or more to check their employees using E-Verify. Workers must be U.S. citizens or otherwise authorized to work in the country in order to be hired. The requirement takes place in phases. Starting July 1, businesses of 100 or more must use E-Verify. By January 2013, all businesses with more than 10 employees will be required to use the system. Those with 10 or fewer employees are exempt. SOURCE

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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On December 14, the first step was taken towards bringing manditory E-Verify to a Kentucky employer near you.

Yesterday, Kentucky Representative Stan Lee (R-Lexington, 45th District) announced he is pre-filing E-Verify legislation for the 2012 Legislative session. Read the press release here. If passed, this legislation would require companies doing business in Kentucky to E-Verify all employees working in Kentucky (on projects funded by either public or private funds), to make sure they are authorized to work in the United States. Businesses that fail to comply with this mandate risk the loss of their business licenses and permits.

According to the press release, if the bill passes the Kentucky legislature and is eventually signed into state law companies employing unauthorized workers in Kentucky would have their state, county or city issued license or permit revoked for six months for each offense. Each additional illegal worker identified would be considered a separate charge under this proposal.

Re. Lee’s proposed legislation is similar to Arizona’s Legal Arizona Workers Act, passed in 2007. Recently, a U.S. Supreme Court decision (Chamber of Commerce v. Whiting, 2011 U.S. LEXIS 4018) upheld the Arizona law, stating that a state may require employers to use E-Verify to confirm an employee’s eligibility to work in the United States or face loss of license penalties.

Besides Arizona, the states of Alabama, Tennessee, North Carolina, Utah, South Carolina, Louisiana and Mississippi require public and private employers to use E-verify to confirm a worker’s status, and Georgia, Indiana, Virginia, Florida, Idaho, Missouri, Nebraska, Oklahoma, Minnesota, and Colorado mandate public employers, state agencies and/or state contractors use E-verify.

The bill is pre-filed as BR 53 for the 2012 Regular Session.

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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Effective today, November 28, 2011, employers hiring individuals for employment in the Commonwealth of the Northern Mariana Islands (CNMI) must use the standard Form I-9 for all new hires and reverifications in the CNMI.

In 2009, U.S. immigration law began extending to the CNMI as a result of Title VII of the Consolidated Natural Resources Act of 2008 (CNRA), and required CNMI employers to use Form I-9 CNMI to verify the work eligibility of all new hires, regardless of citizenship.

Form I-9 CNMI contained additional List A documents issued by the CNMI government that are not acceptable on the standard Form I-9.  These additional documents were only acceptable until Nov. 27, 2011.

By Nov. 28, 2011, all workers who previously held CNMI-issued employment authorization must have another basis of work authorization under U.S. law, or have a petition pending for CNMI-only transitional worker status as described below, to continue working in the CNMI.

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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Tis the season for seasonal workers, and Black Friday is just the beginning. With many organizations even advertising for walk-in positions, HR professionals need to know the correct way to process I-9 forms and E-Verify for seasonal or temporary hires.

The tips below, as well as other government guidelines for how to complete the Form I-9, can be found in the The Handbook for Employers Instructions for Completing Form I-9 (Rev. 06/01/2011), also known as the M-274, published by the United States Citizenship and Immigration Services (USCIS) . It is strongly recommended that all HR staff or managers who complete I-9s should, at a minimum, familiarize themselves with this handbook.

Don’t take temporary worker I-9s for granted.
The first thing to keep in mind is to treat I-9s and E-Verify as seriously for temporary employees as you do for permanent, long-term employees. Remember: even though an employee may be only temporary or seasonal, your organization will have to live with that I-9 form for a minimum of three years, and Immigration and Customs Enforcement can fine you up to $1,100 per I-9 form in error.

Complete Section 2 on the first day for temps working 3 days or less.
The 3-day grace period to sign Section 2 does not apply for employees hired to work for less than 3 days. Normally you have until the 3rd business day after hiring to complete Section 2 of the I-9, but if the employee is only hired to work 3 days or less, you must complete Section 2 on the first day.

Only accept an original Section 2 document for temps working 3 days or less.
Unlike longer-term employees, if an employee is hired to work for 3 days or less, the employer must only accept an original Section 2 document. While you may only accept original documents for temps working 3 days or less, be careful to avoid discrimination allegations by not specifying which document types the employee can present. Provide them with the full list of A, B and C options.

Follow consistent I-9 practices for re-hiring temporary or seasonal employees.
Always be consistent, even across worksites. For example, if you re-hire an employee within 3 years of the initial date of hire, you can either complete a new Form I-9, or update Section 3 of the original Form I-9. Whichever you do for one, do for all.

E-Verify all seasonal and temporary employees where/when E-Verify laws apply.
You must E-verify all employees working at a worksite that participates in E-Verify, even if the employee is seasonal or temporary. If your organization is a federal contractor and the temp employee is working under the contract, or if state or local E-Verify laws apply to your worksite, you must E-Verify all affected employees, even if they work for 3 days or less.

Stay Timely and Consistent to Stay in Compliance.
Whether using paper I-9 forms, electronic I-9 software or a combination of both, remember to I-9 and E-Verify temporary employees with the same care and consistency as you do all your employees. This is especially true if your company hires temporary and seasonal workers in large numbers, because such companies draw the most attention for potential auditing by U.S. Immigration and Customs Enforcement (ICE).

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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Previously available only in five test states (AZ, CO, ID, MS and VA) and the District of Columbia, the E-Verify Self-Check on­­line system that allows job-seekers to check their own work eligibility has now been expanded to 16 additional states, CA, LA, ME, MD, MA, MN, MO, NE, NV, NJ, NY, OH, SC, TX, UT and WA.

The Self Check service is a free, Internet-based application that can be used by a U.S. worker over the age of 16 to confirm his or her employment eligibility. It is currently available in only these 21 states while it is evaluated and improved. Self Check is now available in Spanish and is expected to be available nationwide by March 2012.

Developed in response to a request by Congress to create a service through which U.S. workers could check their own employment eligibility status outside of the employer focused E-Verify process, Self Check can help take the mystery out of the employment eligibility confirmation process. After the user enters a small amount of information, the Self Check service will check that information against various government databases to determine the user’s eligibility to work in the United States.  Self Check will then return one of three results: Work Authorization Confirmed, Possible Mismatch with SSA, or Possible Mismatch with Immigration Information. If any mismatches are found between the information provided to Self-Check and the governments records, the system provides instructions on what steps to take to try to resolve the issue.

Employers are warned not to use Self-Check to pre-screen the employment eligibility of new hires. If an employer or potential employer asks to see a Self-Check query to prove work authorization, individuals are instructed to notify the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices at 800-255-7688. Also, a positive Self-Check result does not guarantee that individuals will pass through E-Verify without issue at a later date. Self Check has the potential to benefit employees and employers by reducing the number of data mismatches during the E-Verify process  and thereby decrease the amount of time spent resolving those mismatches.  The Self-Check tool is available at www.uscis.gov/selfcheck.

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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The USCIS announced the newly redesigned Employment Authorization Document (EAD) card and paper Certificate of Citizenship (Form N-560).

Coming just months after a previous EAD redesign, these new versions further facilitate authentication, enhance security and discourage fraud by incorporating technology and tactile features in the EAD card and using a printing process that renders the certificates more tamper proof.

According to the USCIS press release, “The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States.”

Despite the new look and feel of these documents, there is no change to the way in which applicants apply for and receive them. USCIS will replace EADs already in circulation as individuals apply for their renewal or replacement. All previously issued EADs remain valid until the expiration date printed on the card. Previously issued Certificates of Citizenship remain valid indefinitely.

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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Following the recent U.S. Supreme Court ruling that allows state and local governments to mandate the use of E-Verify and penalize violators, counties in Washington and Utah unanimously passed E-Verify ordinances yesterday.

Cowlitz County, WA now requires current contractors (and any employer vying for a county contract) to use E-Verify to prove that their workers are legal. This E-Verify requirement applies to any contractor employee who will work on the project, no matter how long they’ve been employed.

Commissioner James Misner called the decision a “no brainer,” saying that the federal E-Verify system is more accurate than simply taking a copy of a worker’s Social Security card and filing it with employment paperwork. Nearby counties of Clark and Lewis and the city of Woodland already require E-Verify, and backers of the new ordinance say that without the requirement, illegal immigrants would flock to Cowlitz.

Meanwhile in Utah, county commissioners enacted their own E-Verify ordinance. Beginning in mid-December, all places of business in the unincorporated areas of Washington County will be required to confirm the employment eligibility of new hires through the E-Verify system. While Utah currently has statewide E-Verify requirements (here and here), there are no penalties for non-compliance (other than ineligibility to enter state contracts) and it only applies to businesses with 15 or more employees.

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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Ruling on the recently-enacted Alabama immigration law, (“H.B. 56″), Chief Judge Sharon Blackburn of the United States District Court for the Northern District of Alabama ordered that Alabama employers must begin complying with the E-Verify provisions of H.B. 56.

Effective on April 1, 2012, Alabama businesses must still confirm the work authorized status of all newly-hired workers using the federal E-Verify system, and face penalties for hiring unauthorized aliens (see our previous post for more details about H.B. 56)

Furthermore, as of January 1, 2012, a business must enroll in the E-Verify program, not knowingly employ, hire or continue to employ an unauthorized alien, and attest to both of those requirements by sworn affidavit in order to receive government contracts, grants or other incentives from the State.

Judge Blackburn did ease some burden on employers by eliminating several provisions of the Alabama law. First, the federal court enjoined Section 16 of H.B. 56, which prohibits taking a state tax deduction for wages paid to an unauthorized alien employee. Next, Section 17 was eliminated, which would have created an opportunity for a “discrimination” claim when an employer retained or hired an unauthorized alien over a documented worker.

Lastly, the federal court blocked the State of Alabama from enforcing Sections 11 (f) and (g) of H.B. 56, which make it illegal for an occupant of a motor vehicle stopped on the street to attempt to hire someone to work at a different location if it impedes traffic and for an individual to enter into a motor vehicle for such purpose if it impedes traffic. This section’s elimination makes compliance easier for small employers and contractors who often use roadside hiring to find laborers.

The fifth state to enact immigration laws since Arizona’s SB 1070 took effect, Alabama is the first to have these key provisions upheld. Although none of these rulings are final, Judge Blackburn’s final decision is likely to reflect these orders. Employers who violate these provisions face extremely costly fines and the risk their right to do business in Alabama.

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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The growing patchwork of E-Verify laws at the state level continues. Beginning immediately, the state of Minnesota is again requiring E-Verify for its large contractors. After Gov. Mark Dayton dropped the previous E-Verify requirement in April, the mandatory work eligibility check quietly came back as a provision of the state’s final budget deal, approved last month. Please visit the Minnesota Public Radio website to read the full story.

Already in effect, this new law applies only to private businesses providing more than $50,000 worth of services to the state. These companies must enroll in E-Verify and check the work status of new hires.

The E-Verify mandate does not extend to new state employees, which is curious since under the previous E-Verify law state agencies were required to E-Verify all new hires.

In December 2009, the state directed all of its agencies to stop using a Texas I-9 software vendor, Lookout Services, which state officials had hired for the purpose of submitting data to E-Verify. The state notified approximately 500 employees that their personal data, including names, dates of birth and social security numbers, may have been accessible on the Lookout Services’ website [Full article].

The security issue came to light when Minnesota Public Radio was able to access state employee data on the software vendor’s web site without using a password or any encryption software. Allegedly, employee names, birth dates, social security numbers and hire dates were visible on the web site for every state agency using the service as well as a long list of private companies.

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.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

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