May 7 I-9 Form Mandate, Revisions and Use Overview
I-9 Form Revisions & The May 7thMandateMay 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, atwhich time using the new form is mandated• USCIS gave companies a 60 day grace periodbefore the mandate to allow them to updateprocesses and procedures• The form used as of May 7th must show “Rev.03/08/13 N”
About the Form• Form I-9 is the core of E-Verify. E-Verify is an Internet-basedsystem that compares information from the I-9 to governmentrecords to confirm that an employee is authorized to work inthe U.S.Form I-9 E-VerifyIs mandatory Is voluntary for most businessesRequires a Social Security number Requires a Social Security numberDoes not require a photo on identitydocuments (List B from the instructions)Requires a photo on identity documents(List B from the instructions)Must be used to re-verify expiredemployment authorizationMAY NOT be used to re-verify expiredemployment authorization
Three Key Form Changes• The main changes to the newly revised I-9Form are:– additional data fields, including: the employeesforeign passport information (if applicable), telephonenumber, and email address– improved instructions– and a revised layout that expands the form to twopages instead of one, not counting the instructionsand list of acceptable documents
Civil Fines for Form I-9 ViolationsCivilViolationsFirst Offense Second Offense Third OffenseMinimum Maximum Minimum Maximum Minimum MaximumHiring oremploying aperson notauthorized towork in the US$375 for eachworker.$3,200 for eachworker.$3,200 for eachworker.$6,500 for eachworker.$4,300 for eachworker.$16,000 foreach worker.Not complyingwith I-9 req’s$110 for eachform.$1,100 for eachform.$110 for eachform.$1,100 for eachform.$110 for eachform.$1,100 for eachform.Documentfraud$375 for eachworker.$3,200 for eachworker.$3,200 for eachworker.$6,500 for eachworker.$3,200 for eachworker.$6,500 for eachworker.Documentabuse.$110 perviolation.$1,100 perviolation.$110 perviolation.$1,100 perviolation.$110 perviolation.$1,100 perviolation.Discriminationin hiring, firing,etc.$375 perviolation.$3,200 perviolation.$3,200 perviolation.$6,500 perviolation.$4,300 perviolation.$16,000 perviolation.
Criminal Penalties for Form I-9 ViolationsCriminalViolationsFirst Offense Second Offense Third OffenseEngaging inhiring,recruiting orreferring for afeeunauthorizedaliens.•Up to $3,000 for eachunauthorized alien.•Up to 6 months inprison for the entirepattern or practice.•Up to $3,000 for eachunauthorized alien.•Up to 6 months in prisonfor the entire pattern orpractice.•Up to $3,000 for eachunauthorized alien.•Up to 6 months in prisonfor the entire pattern orpractice.
Form Availability & Information• The new form will be available on USCISswebsite at http://www.uscis.gov/I-9Central• Employers also can obtain forms by calling1-800-870-3676• More information about the I-9 process isavailable through the USCISs NationalCustomer Service Center at 1-800-375-5283
Form Retention• According to USCIS, employers mustmaintain I-9 forms for their employees:– as long as they work for the employer– and for the required retention period after theend 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 byImmigration and Customs Enforcement, the Department ofJustice, and the Department of Labor .• Maintain I-9 Forms and supporting documents in a securelocation and make them readily available for inspection. Forexample:– 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 forexisting 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-verifyingemployment eligibility could violate the anti-discrimination provision of the Immigration andNationality Act• A Spanish version of the revised form is availableon the USCIS website for use in Puerto Rico only
How Serotte Law Can Help• We are available to answer any questions youmay have regarding the I-9 Form• Please contact us if you would like:– to review the new I-9 Form and requirements via a 15minute Skype or phone call– an expanded version of this PowerPointclange@serottelaw.comor 716-881-2600