New Form I-9 Available
U.S. Citizenship and Immigration Services (USCIS) recently announced a new version of Form I-9, Employment Eligibility Verification, is available for use beginning January 31, 2020. *
Form I-9 is a critical new hire document used to verify both the identity and legal authorization to work of each employee who works for pay (excludes Independent Contractors). Employers must complete and retain Form I-9 for every employee they hire. The law requires you complete Form I-9 when the person actually begins working for pay (on their first day), and no later than the 3rd day of employment. However, you may complete the form earlier, as long as the person has been offered and has accepted the job.
Can I still use the old form?
Employers may continue using the prior version of the form (Rev. 07/17/2017 N) until April 30, 2020. After that date, they can only use the new form with the 10/21/2019 version date. The version date is located in the lower left corner of the form. NOTE: A revised Spanish version of Form I-9 with a version date of 10/21/2019 is available for use in Puerto Rico only. There is currently no Spanish version Form I-9 for use outside of Puerto Rico.
Stay in compliance and avoid costly penalties!
The number of audits of I-9 records has risen exponentially over the past few years as the Department of Homeland Security Immigration and Customs Enforcement (ICE) has requested an unprecedented number of I-9 audits.
The results of this initiative can be seen in the chart below. As we begin 2020, employers can now fully expect to see these same types of numbers (if not more) due in large part to the staffing and technology enhancements.**
Penalties are steep! Monetary penalties for knowingly hiring and continuing to employ individuals not authorized to work in the U.S. range from $573 to $20,130 per violation, with repeat offenders receiving penalties at the higher range. Penalties for failing to produce Form I-9, or technical errors on the form, range from $230 to $2,292 per violation.***
We are here to help! EBHR conducts I-9 Audits. For those who wish to tackle an audit on your own, we are happy to meet with you, learn more about your needs and provide you a DIY Self-Audit Toolkit.
References:
*What’s New. (2020, January 30). Retrieved February 11, 2020, from https://www.uscis.gov/i-9-central/whats-new/whats-new
** White House Budget Reveals Latest I-9 Audit Stats and Plans for I-9 Worksite Enforcement. (2020, February 11). Retrieved February 12, 2020, from https://www.lawlogix.com/white-house-budget-reveals-latest-i-9-audit-stats-and-plans-for-i-9-worksite-enforcement/
***Form I-9 Inspection Overview. (2019, August 19). Retrieved February 12, 2020, from https://www.ice.gov/factsheets/i9-inspection
