The New Form
What Employers Should
Expect and Prepare For
by: Bonnie Hungerford, JD, MA HRIR
Why Worry?
“It’s just a simple form.”
“We didn’t hire any illegals, so
we are fine.”
“We’ll never get audited.”
Why Worry?
In 2011:
 2,496 I-9 audits were conducted
 Criminally arrested 221 employers
 Issued 385 Final Orders for $10.4+
million in fines
Why Worry?
Because a seemingly minor mistake can be extremely costly…
Why Worry?
I have yet to see a
perfect audit!
Current Status of the Form I-9
 Current
 What
version recently expired (8/31/2012)
is an Employer to do?
Continue to use current form (even though
Continue checking the USCIS website for the
updated form
New Form in the Works
Back in May, during the 60-day commenting period
between April and May regarding proposed
changes to Form I-9, USCIS received over 6,200
comments regarding its proposed changes to the
Based on those comments, USCIS has made
additional substantive changes.
Second comment period ended Sept. 21st.
Still in draft form
Overview of the Proposed
 The
1-page form is now 2 pages
 Total packet is now 9 pages (compared to 5
 Slight changes/clarification to List of
Acceptable Documents
 Design is very different
 Additional information requested
 Wording changes throughout the form
Section 1: Old
Section 1: New
 Now,
all of Section 1 takes up one full page.
Section 1: New
 Attestation:
moved to the middle of the first
Section 1: New
 Preparer/Translator
of the first page
section now at the bottom
Section 2: Old
Section 2: New
 Now
on second page
Section 2: New
Section 3: Old
Section 3: New
List of Acceptable Documents: Old
List of Acceptable Documents: New
Changes in the Instructions
 Section
Should never be completed before job offer
PO Boxes cannot be used
Only border commuters from Canada and
Mexico can use an international address.
Email address and phone number are optional.
Changes in the Instructions
 Section
If employer participates in E-Verify, the List B
document must include a photograph
Must physically examine each original document
The examiner of the documents and the
employee must both be physically present
Clear instructions on acceptance of receipts
If an employer keeps photocopies of documents,
it must present the photocopies during an audit.
Best Practices: What Should HR
Professionals Do?
 Keep
eye out for new I-9
 Carefully review the proposed Form
 If using a third party, contact them to ensure
they are fully aware of proposed changes
 Once new form is published, conduct extensive
I-9 training for all employees who complete the
I-9 for your company
 Review and update all I-9 policies to ensure
Internal Audits of
Forms I-9
Getting Started
 Review
I-9 Handbook for Employers and all
other guidance
 Compile list of all current employees and their
dates of hire
 Compile list of all former employees going back
3 years, including the date of hire and date of
 Gather all I-9s
Internal Audit
 Determine
which I-9s are past their retention
deadline and shred
 Review each I-9 to determine errors
 Determine which is the best way to correct the
errors on each I-9 (either on the I-9 or creating a
new I-9)
Depends on the error
 Communication
to employees
 Set timeframes for corrections
 Make copies of I-9s that need corrections
 Make corrections on the copy, in different
colored ink
 Initial and date all corrections
 Draft internal audit memo to binder
 If you don’t have it already, prepare retention
chart for each I-9.
 Conduct training for I-9 managers
Common Pitfalls
 Expired
 No date on employee signature
 Failure to complete section 2
 Incomplete document names or missing
 Too many documents
 No date of hire
 Employer pre-signing form
 Backdating
 White-out
Common Pitfalls
 Failure
to accurately calculate the retention
 The later of:
 3 yrs from date of hire; OR
 1 yr from date of termination.
3 yr. DOH
1 yr. DOT
Best Practices: Establishing a
Culture of Compliance
 Obtain
buy-in of executives through a business
impact analysis
 Conduct a thorough investigation of current
state of I-9s and polices
 Work with attorney or expert on remediation
 Establish a regular training program
 Conduct annual I-9 audits!!!
 Keep abreast of ICE guidance
Form I-9 Resources
M-274 Handbook for Employers
I-9 Central:
Thank You!

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