I-9

by Gail Berg Gail Berg No Comments

USCIS Confirms Employers Should Continue to Use Current Form I-9 Past Its Upcoming Expiration Date

USCIS has confirmed that employers should continue using the current I-9 form for Employment Eligibility Verification, even after its upcoming expiration date of October 31, 2022. It is not yet clear when the new version of the I-9 will be released. Until it is, the current form should be used.

Do you have questions regarding how to correctly complete I-9 forms? Worried your company’s I-9’s may contain errors? Our attorneys can assist companies with everything from answering specific questions to conducting affirmative I-9 audits.

by SCwpadmin SCwpadmin No Comments

New Form I-9

 USCIS has announced that the new I-9 form. Below are they key takeaways you need to know now.
Important Dates:
  • New form published on November 14
  • Employers must use the updated form by January 22, 2017
  • All prior versions are invalid after January 21, 2017

Changes to the Form:

  • Electronic format is simpler to complete
  • Prompts and features designed to reduce errors

As a reminder, fines for paperwork errors on the I-9 recently increased significantly from $110 to $1,100 per employee to $216 to $2,156 per infraction.

by SCwpadmin SCwpadmin No Comments

Immigration-Related Fines to Increase on August 1st

In an effort to keep up with inflation and increase enforcement of immigration laws, the Department of Justice announced that they will be increasing the penalties for hiring unauthorized workers and unlawfully discriminating against immigrant workers. The penalty hikes were authorized by Congress as part of the Bipartisan Budget Act of 2015, and will go into effect August 1, 2016.

The most significant increase is for mistakes and omissions on the Form I-9. The minimum penalty for I-9 paperwork violations will increase from $110 to $216, while the maximum penalty will more than double, from $1,000 to $2,156. Civil penalties will similarly increase for violations of the H-1B, H-2B and H-2A temporary worker programs, such as misrepresentations on labor certifications, displacing US workers, and violations related to wages and working conditions. With these higher penalties in place, it will be more important than ever for employers to work closely with experienced immigration attorneys to ensure that they are following the proper procedures and avoiding costly mistakes.

by SCwpadmin SCwpadmin 667 Comments

Expired I-9 Form Remains Valid for Use Until “Smart” I-9 Becomes Available

The I-9 Form that employers use to verify work authorization in the United States expired on March 31, 2016.  However, according to U.S. Citizenship and Immigration Services, U.S. employers should continue to use the recently expired I-9 Form until the new “Smart” I-9 Form becomes available.

U.S. Citizenship and Immigration Services is currently working on the implementation of a “Smart” I-9 Form.  This new “Smart” I-9 Form is designed to reduce error and make the form easier to complete.  In particular, the new “Smart” I-9 Form will contain new drop-down menus, error messages, and field checks, among other enhancements, to help ensure accurate data entry for employment verification.

At present, the “Smart” I-9 Form is in the notice and comment stage of rule making where U.S. Citizenship and Immigration Services publishes the document and any proposed changes to the Federal Register and gives the public 30 days to comment.  The notice and comment period is scheduled to be concluded on April 27, 2016.  Thereafter, once U.S. Citizenship and Immigration Services considers the public’s comments, the new “Smart” I-9 Form will be sent to the Office of Management and Budget for approval and publication.  Once approved, employers should begin to use the new “Smart” I-9 Form which will be available for download at: www.uscis.gov.

by SCwpadmin SCwpadmin 350 Comments

New Mandatory Employment Verification Affirmation Form For Colorado Employers

Effective October 1, 2014, all employers in Colorado will need to use the NEW Mandatory Affirmation Form when hiring a new employee in Colorado.  Under state law, when an employer hires an individual in Colorado, in addition to completing the federally required Form I-9, the employer must complete and retain a mandatory Colorado Affirmation.  The employer must also copy and retain the document(s) each new employee presents as proof of employment authorization.  Colorado employers are to complete the state affirmation within 20 days of hiring a new employee. However, the Colorado Department of Labor and Employment advises employers NOT to retroactively complete affirmations for existing employees, even if they were hired since the law went into effect January 1, 2007. You may obtain the form at:

https://www.colorado.gov/pacific/sites/default/files/EVL-MandatoryAffirmationForm9-1-14.pdf.

Top