Image source: BusinessManagementDaily.com
Did you know? As of May 7th, if you’re not using the brand spanking new I-9, you may be in for a compliance spanking… Your company can face fines ranging from $110 up to $1,100 for failing to comply with requirements on the new form – and that’s per infraction! And if your mistakes are judged not to be honest ones and are deemed violations – you’re looking at penalties of $6,500 per infraction up to $16,000 for knowingly hiring someone unauthorized to work in the US.
Where I-9 audits were one relatively rare, under the current administration, enforcement has grown more aggressive. While Congress, with President Obama’s encouragement, is talking about opening up immigration to undocumented workers already ensconced in our labor system, “silent raids” enforcing the new I-9 have seen thousands of workers terminated who have been working here for years and fully participating in our payroll tax program!
Image source: ThePeoplesView.net
A recent AP article said, “Audits of employer forms increased from 250 in fiscal year 2007 to more than 3,000 in 2012.” Even if you don’t have illegal workers on your books, if you don’t have the latest and greatest form in use and properly completed, you may be facing fines and no one wants to be on the radar of US Immigration and Customs! And while ICE says it’s not profiling specific industries, those most frequently audited are traditionally associated with use of illegal labor such as construction, farming and manufacturing.
Here’s what you need to know and do in a nutshell as part of your onboarding to be in compliance:
#1 Every Employee Must Have a Form – Even if someone works only for one day, you must have a form on file, so don’t let them do even a scintilla of work before HR completes this form with the new hire.
#2 Get the Form on Day One – Although the form says you must collect it within three days of hire, if the employee quits after day one (it happens) you’ll likely never get the form completed and you’ll be out of compliance!
#3 Send a Reminder About Documentation – Alert the new hire that they must have the required forms from List A, B or C with them on day one or they will have to go home and retrieve them before they can start.
Image source: USCIS.gov
#4 Accept Only Original Forms – Don’t accept copies of forms ever. If the new hire has lost their SS card, showing an application for a new one can suffice to get them started, but they must bring in the replacement card by day 90!
#5 Social Security Number for E-Verify – If your company participates in or is required to use the USCIS E-Verify program, you must record the SS number. Otherwise, if the employee doesn’t want it recorded (based on identity theft or privacy concerns) that’s okay.
#6 Be Consistent – If you choose to photocopy documents that substantiate the I-9 that’s okay as long as you do it to everyone. And if you don’t do it for one person, you must not do it for any. Consistency is key to prevent an employee lawsuit!
#7 Segregate I-9 Forms – Do not keep the I-9s with the employee personnel file. You can keep them digitally or on paper, but keep them separate no matter what! And if you recruit and onboard in the cloud, be aware of the privacy and security risks of virtual storage!
Image source: USCIS.org
#8 Know I-9 Retention Policy – As long as someone works for you, their I-9 must be on hand. If you terminate them, you can dispose of the I-9 on the latter of three years from the date of hire or one year from the date of termination.
#9 Recycling an I-9 – If you rehire someone and it was within three years of their original hire date, their prior I-9 (which you should still have on hand) will suffice. No need for a new one!
#10 Destroy I-9s Securely – Once you’re no longer required to legally retain an I-9, you must be careful how you destroy it. Don’t toss them out – shred them thoroughly or use a document disposal firm. If they are digital, delete and delete any digital backups as well.
Here’s a link to the new I-9 form as well as the instruction sheet. One thing to note is that although there is a space for the employee to provide their email address and telephone number, these are optional. It’s not indicated on the face of the form that they are, but the instructions spell this out so don’t force your employees to provide this on the form!
If you’re concerned about compliance (as well you should be) consider trying Jobsource onboarding tools that make I-9s a breeze with iPhone capture of required documentation. Learn more now!
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