The New Form I-9: Top 10 Things You Need To Know Katheryn J. Thorson BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-224-2484 Facsimile: 515-323-8584 E-mail: [email protected] Form I-9 Background Form I-9: Employment Eligibility Verification Issued by U.S. Citizenship & Immigration Services Used to verify an individual’s identity & establish that an individual is eligible to accept employment in the U.S. Employer must ensure proper completion for each individual they hire Employee presents acceptable documents evidencing identity & employment authorization Employer keeps form on file for each individual on its payroll Form kept for 3 years after date of hire or 1 year after employment is terminated New Form I-9 Beginning March 8, 2013, revised Form I-9 (Rev. 03/08/13) went into effective Available at: http://www.uscis.gov Revision date is printed on lower left corner of the form Employers do not have to complete a new revised Form I-9 if properly completed Form I-9 is already on file. Only able to complete the Spanish version if in Puerto Rico Why Update? Some Employers May Not Believe It Is Important: “It’s just a simple form.” “There were not any substantial changes” “We won’t get audited.” Major Repercussions For Errors In 2011: 2,496 I-9 audits conducted, 221 criminal arrests of employers, $10.4 million in fines Fines: up $1,100 per worker for paperwork mistakes, fine based on percent of forms with errors and number of previous violations The New Form I-9: Top 10 Things You Need To Know 1. Expansion of Document & New Format Prior Version: 1 page form in 5 page packet Revised Version: 2 page form in 9 page packet Design is different; Language changes Clearer separation of sections 2. Provide New Employees with Full, Expanded I-9 Instructions Must receive full set of instructions Employer may not restate or reformat the I-9 instructions The New Form I-9: Top 10 Things You Need To Know 3. Added Place for Email Addresses & Telephone Numbers Section 1 Form does not state optional, but instructions do – may mark “N/A” New Form I-9: Section 1 The New Form I-9: Top 10 Things You Need To Know 4. Form I-94 Admission Number Section 1 New line for admission number Individuals providing I-94 Admission Number may also need to provide foreign passport number and country of issuance information New Form I-9: Section 1 The New Form I-9: Top 10 Things You Need To Know 5. Verification Documents Section 2 Reformat of acceptable documents Added clear fields: Document Title, Issuing Authority, Document Number & Expiration Date Old Form I-9: Section 2 New Form I-9: Section 2 The New Form I-9: Top 10 Things You Need To Know 6. Section 2 – Three Day Rule Employer has three business days for completing Section 2 based on the employer’s operations schedule If no business is conducted on weekends, the 3 business days does not include weekends. If business is conducted on weekends, the 3 business days include the weekends. The New Form I-9: Top 10 Things You Need To Know 7. Use the new Form I-9 for reverifications Must use Section 3 of new, valid Form I-9 for all reverifications Exception: If rehiring employee within 3 years of original I-9 form, employer may complete Section 3 of the original I-9, even if old version 8. Expanded Instructions for Parents/Legal Guardians for Minor or Disabled Employee The New Form I-9: Top 10 Things You Need To Know 9. Employee Present During Examination Employee must be physically present when Employer examines verification documents Must physically examine each original document 10. Review, Train & Update Form I-9 Policies Review the new Form I-9 and its instructions Conduct Form I-9 training for employees Update current Form I-9 polices to ensure compliance Website: www.brownwinick.com Toll Free Phone Number: 1-888-282-3515 OFFICE LOCATIONS: 666 Grand Avenue, Suite 2000 Des Moines, Iowa 50309-2510 Telephone: (515) 242-2400 Facsimile: (515) 283-0231 616 Franklin Place Pella, Iowa 50219 Telephone: (641) 628-4513 Facsimile: (641) 628-8494 DISCLAIMER: No oral or written statement made by BrownWinick attorneys should be interpreted by the recipient as suggesting a need to obtain legal counsel from BrownWinick or any other firm, nor as suggesting a need to take legal action. Do not attempt to solve individual problems upon the basis of general information provided by any BrownWinick attorney, as slight changes in fact situations may cause a material change in legal result.