By Mona Movafaghi
Published: July 12, 2013
Since May 7, all administration accept been appropriate to use the new two-page Anatomy I-9. Administration that are not application the latest adaptation of the anatomy allegation anon alpha application it or accident sanctions if audited by the federal Clearing Customs and Enforcement agency.
The absolution of the new Anatomy I-9 (available, chargeless of charge, at uscis.gov/I-9Central.) and its advice accept accustomed acceleration to employer apropos about commutual it. As always, all administration should strive for abounding compliance, as the cardinal of audits continues to climb, and in 2012 consistent fines from non-compliance totaled over $10 million.
• Beware auto-completion: Companies that use an cyberbanking Anatomy I-9 affairs may not auto-complete Area 1 of the anatomy for the employee. With bound exception, it allegation be completed and active (electronic signatures are adequate if done properly) by the employee. This agency that administration cannot complete the agent area of the form, alike if it additionally completes the Preparer and/or Translator Certification to appearance it was not completed by the employee. The Preparer and/or Translator Certification is alone to be acclimated back the agent cannot complete the anatomy because of a accent barrier, age, or a disability. Many cyberbanking anatomy programs complete this area automatically, so administration should accede changes in the anatomy alertness action to abstain active afield of the requirements.
• Re-verification: Back an employer re-verifies application allotment for an employee, the government requires re-verification application the new Anatomy I-9. Do not re-verify on the originally completed form, alike if there is amplitude to do so. Once you accept re-verified, attach the new anatomy to the aboriginal anatomy and advance the forms as per the regulations.
In addition, back you accord an agent the anatomy to complete, you allegation accommodate the agent with the absolute Anatomy I-9 (all nine pages, including the instructions).
• Non-required information: Area 1 of Anatomy I-9 now has boxes for the employee’s blast cardinal and email address. These boxes are optional, as is the box for the agent Social Security number. Unless an employer participates in E-Verify, advisers are not appropriate to ample in the Social Security box nor are they appropriate to aftermath a Social Security agenda to complete the I-9 (and administration may not crave advisers to do so).
If the agent does not ambition to accommodate the requested information, he or she allegation complete those boxes application “N/A.” The advice from ICE is to use “N/A” in every box that is not completed with requested information.
• No added I-94: Advisers will no best accept I-94 cards back they access the United States by sea or air. For administration with advisers on assignment visas, such as an H or L visa, it was the I-94 agenda that gave the date assertive back an employee’s cachet expires and is no best adequate to work. Now, back advisers access the United States by sea or air, they get an acceptance brand in their passport. In adjustment to verify application allotment or clearing status, the agent allegation now go to cbp.gov/I94 and access the acceptance almanac cardinal or added information. The I-94 agenda and accurate allotment with acceptance brand will serve as a Account A document.
• Social Security card: An adapted account is now absolute as to back a Social Security agenda may be acclimated as a Account C document. It can be acclimated unless the agenda includes one of the afterward restrictions: not accurate for employment; accurate for assignment alone with INS authorization; or accurate for assignment alone with DHS authorization. Although this has continued been the rule, it was never so absolutely set forth. Be acute and analysis added if a Social Security agenda with any of the aloft is written.
It is important for administration to become accustomed with the new form, the new requirements and the account of adequate documents. Although the account does not arise to be decidedly different, there are important changes that administration allegation know.
Company advisers answerable with commutual I-9s should accept that they cannot crave an agent to aftermath any specific document. The alternative of certificate to use for I-9 purposes is the best of the employee, and acute a specific certificate may advance to bigotry claims.
Mona T. Movafaghi, armchair of the Clearing Practice Group at Drummond Woodsum in Portsmouth, can be accomplished through www.dwmlaw.com.
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