I-9 Form Revisions & The May 7th Mandate

May 1, 2013

Overview

• What’s New • About the Form • Three Key Changes • Civil Fines and Criminal Penalties • Form Availability & Information • Retain & Store • Other Things to Know • How Serotte Law Can Help

What’s New

• USCIS introduced a new I-9 Form on March 8th • The form was optional to use until May 7th, at

which time using the new form is mandated • USCIS gave companies a 60 day grace period

before the mandate to allow them to update processes and procedures

• The form used as of May 7th must show “Rev. 03/08/13 N”

What’s New

Revisions are highlighted.

About the Form

• Form I-9 is the core of E-Verify. E-Verify is an Internet-based system that compares information from the I-9 to government records to confirm that an employee is authorized to work in the U.S.

Form I-9 E-Verify

Is mandatory Is voluntary for most businesses

Requires a Social Security number Requires a Social Security number

Does not require a photo on identity documents (List B from the instructions)

Requires a photo on identity documents (List B from the instructions)

Must be used to re-verify expired employment authorization

MAY NOT be used to re-verify expired employment authorization

Three Key Form Changes

• The main changes to the newly revised I-9 Form are: – additional data fields, including: the employee's

foreign passport information (if applicable), telephone number, and email address

– improved instructions – and a revised layout that expands the form to two

pages instead of one, not counting the instructions and list of acceptable documents

Civil Fines for Form I-9 Violations

Civil Violations

First Offense Second Offense Third Offense Minimum Maximum Minimum Maximum Minimum Maximum

Hiring or employing a person not authorized to work in the US

$375 for each worker.

$3,200 for each worker.

$3,200 for each worker.

$6,500 for each worker.

$4,300 for each worker.

$16,000 for each worker.

Not complying with I-9 req’s

$110 for each form.

$1,100 for each form.

$110 for each form.

$1,100 for each form.

$110 for each form.

$1,100 for each form.

Document fraud

$375 for each worker.

$3,200 for each worker.

$3,200 for each worker.

$6,500 for each worker.

$3,200 for each worker.

$6,500 for each worker.

Document abuse.

$110 per violation.

$1,100 per violation.

$110 per violation.

$1,100 per violation.

$110 per violation.

$1,100 per violation.

Discrimination in hiring, firing, etc.

$375 per violation.

$3,200 per violation.

$3,200 per violation.

$6,500 per violation.

$4,300 per violation.

$16,000 per violation.

Criminal Penalties for Form I-9 Violations

Criminal Violations First Offense Second Offense Third Offense

Engaging in hiring, recruiting or referring for a fee unauthorized aliens.

•Up to $3,000 for each unauthorized alien. •Up to 6 months in prison for the entire pattern or practice.

•Up to $3,000 for each unauthorized alien. •Up to 6 months in prison for the entire pattern or practice.

•Up to $3,000 for each unauthorized alien. •Up to 6 months in prison for the entire pattern or practice.

Form Availability & Information

• The new form will be available on USCIS's website at http://www.uscis.gov/I-9Central

• Employers also can obtain forms by calling 1-800-870-3676

• More information about the I-9 process is available through the USCIS's National Customer Service Center at 1-800-375-5283

Form Retention

• According to USCIS, employers must maintain I-9 forms for their employees: – as long as they work for the employer – and for the required retention period after the

end of employment: • which is either three years after the date of hire • or one year after the date employment ended

(whichever is later)

Storing Form I-9

• Employers must make I-9 forms available for inspection by Immigration and Customs Enforcement, the Department of Justice, and the Department of Labor .

• Maintain I-9 Forms and supporting documents in a secure location and make them readily available for inspection. For example: – On-site – At an off-site storage facility – With personnel records – Separate from personnel records – In a single format or a combination of formats

• Paper, microfilm or microfiche, electronic (ex. PDF)

Other Things to Know

• The revised I-9 does not need to be completed for existing employees with an I-9 on file

• Only if employment eligibility needs to be re-verified does the form need to be completed again

• USCIS cautioned that unnecessarily re-verifying employment eligibility could violate the anti-discrimination provision of the Immigration and Nationality Act

• A Spanish version of the revised form is available on the USCIS website for use in Puerto Rico only

How Serotte Law Can Help

• We are available to answer any questions you may have regarding the I-9 Form

• Please contact us if you would like: – to review the new I-9 Form and requirements via a 15

minute Skype or phone call – an expanded version of this PowerPoint

clange@serottelaw.com or 716-881-2600