When Work Authorization Expires Do You Have to E-verify Employees Again

one. I-nine Verification Requirements

Form I-nine

Grade I-9, the Employment Eligibility Verification, is a U.South. Citizenship and Clearing Services (USCIS) grade used for verifying the identity and employment potency of individuals hired for employment in the United States. All U.Southward. employers must ensure proper completion of Grade I-9 for each individual they rent for employment.

Both employees and employers, or authorized representatives of the employer, are obliged to complete the form. Employees have to attest their employment authorization and also present their employer with acceptable documents proving identity and employment authorization. Within the I-9 verification procedure, the employer has to examine the employment eligibility and identity documents an employee presents in order to determine whether they appear to be genuine and tape the document information on the Form I-ix.

Employers need to retain original I-9 forms for three years afterwards the appointment of hire, or one year after the date employment ends, whichever is later. The forms should be stored separately from other personnel files, and fabricated bachelor for inspection by authorized government officers.

USCIS Handbook for Employers M-274 is designed to supplement employers' understanding and cognition regarding various I-ix verification obligations. Therefore, it can be used as the main source of I-nine compliance information and pedagogy. A new version of the Handbook was issued in conjunction with the new Form I-ix, which became mandatory on May i, 2020. It offers clarification on several I-9 verification procedures, such every bit revised guidance for completing Form I-9 in specific situations. This includes F-ane foreign students irresolute status to H-1B and foreign workers with an automatic extension of a USCIS Employment Authorization Document (EAD). Furthermore, the new Handbook explains how an individual can serve as an authorized representative to complete Form I-9 on behalf of an employer.

Prerequisites for Employees

In completing Form I-nine, prospective employees attest, nether penalisation of perjury, that they vest to one of the following categories:

a not-US citizen national,

a lawful permanent resident, or

an alien authorized to work.

I-nine Procedures in Spanish

The USCIS offers a Spanish version of The Handbook for Employers: Instructions for Completing Form I-9 (M-274).

The Spanish Handbook for Employers provides comprehensive answers to questions about Form I-nine, instructions on how to complete and retain Grade I-nine, lists of acceptable employment dominance and identity documents, and gives specific guidance for recruiters.

2. Instructions for Completing Course I-9

All U.Due south. employers must ensure proper completion of Form I-9.

Grade I-ix: Section 1 – Employee Information and Testament

When an offer of employment is accepted, the employee must complete Section 1 of Form I-ix no subsequently than the beginning day of piece of work for pay, or before the outset day of piece of work, if the employer has offered the individual a job and if the prospective employee has accepted it.

INSTRUCTIONS FOR EMPLOYEES

Section 1 is filled by employees who demand to list their total legal name, heart initial, and maiden proper noun, if applicable. They must provide their existing address and engagement of nascence. Employees do non take to give their social security number unless the employer uses E-Verify. The employee must attest nether the penalisation of perjury his or her citizenship or employment-authorized clearing status, the Alien or Admission Number, if applicable, and the appointment employment authorization expires. Employees accept to sign and appointment Section 1, certifying the information every bit truthful. They have to sign the form even if a translator assists in the grooming of Section one. The translator must also provide his or her name, address, signature, and date.

INSTRUCTIONS FOR EMPLOYERS

Employers need to review the information that the employee has provided in Department 1 and ensure that all required fields are completed. Otherwise, not adhering to I-9 compliance requirements may lead to penalties under federal law. If there are any errors in Section i, employees have to brand necessary corrections, initial, and engagement them.

Form I-9: Section 2 – The Employer Review and Testament

PRESENTING ORIGINAL DOCUMENTATION

Section 2 must exist filled past the employer no later than 3 business days of the employee's first twenty-four hour period of work for pay. The employee must present the employer with unexpired original documentation that shows identity and employment authorization. It is important to note that the employee chooses which documentation to nowadays. An employer cannot specify which documentation the employee uses because doing and so would bailiwick the employer to a merits of unlawful discrimination.

I-9 VERIFICATION REQUIREMENTS FOR EMPLOYERS

Employers physically examine each original document the employee presents to determine if the document reasonably appears to be genuine and relates to the person presenting information technology. It is important to make sure the person who examines the documents is the same person who attests and signs Department 2.

Employers enter the certificate championship, issuing authority, number, and expiration engagement in Section 2 from original documents supplied by the employee. If employers choose to make copies of the documents, they need to do so for all employees, regardless of national origin or citizenship status. Otherwise, they may violate anti-discrimination laws. Upon completing the I-9 verification process, employers return the original documents to employees.

After filling in the appointment employment begins and information in the certification cake, employers sign and date Class I-nine.

DESIGNATING AUTHORIZED REPRESENTATIVE

Employers may designate or contract with someone such as a personnel officer, foreman, agent, or anyone else acting on their behalf, including notary public, to complete Department ii. Yet, anyone else who completes Course I-ix on their behalf must carry out full I-9 verification responsibilities. Information technology is non adequate for the designated person to physically examine the employee's employment authorization and identity documents, and leave Section two for employers to complete.

Co-ordinate to the latest version of Form I-nine, issued on January 31, 2020, employers may designate anyone to be an authorized representative to complete Section ii. Notwithstanding, employers are still liable for any violations in connection with the form or the I-9 verification procedure, including whatsoever violations of the employer sanctions laws committed by the person designated to human action on their behalf.

Form I-9: Section 3 – Reverification and Rehires

I-9 REVERIFICATION INSTRUCTIONS

If employees present documents that establish a temporary right to work, they must be reverified on or before the expiration date of the document that controls work authority.

Employers must runway the expiration dates of work authorization documents to ensure reverification is completed before their expiration and information technology is recommended that employers notify employees of the upcoming expiration upward to six months in advance. Employers may non continue to employ employees across the date a temporary piece of work authorization document expires without updating or reverifying their Form I-ix.

Upon review of the original documents, the employer must complete Section 3 by clearly and accurately recording the required information from the documents, including any expiration dates that appear on the documents.

CONFIRMING Piece of work AUTHORIZATION

Employers must complete the Reverification and Rehires section by entering their full name and signing and dating the Course I-9, acknowledging, under penalty of perjury, that the employee appears to be authorized to work. Thus, they also acknowledge that they accept reviewed the original documents presented to confirm that they relate to the employee. To ensure I-9 compliance, section iii must be completed, signed, and dated on or earlier the date of expiration of the previous work authorizing document.

SECTION three FOR REHIRES

Section 3 may also be used to record a alter in employees' names, as in a spousal relationship, or for employees who are rehired before the I-ix retention period expires, as long every bit the documents originally presented remain valid at the time of rehire. Alternatively, the rehire process may be completed by executing a new Form I-9.

3. Form I-9 Retentivity and Storage

Employers must maintain their I-9 records for possible inspection by the federal government. This means they have to exist prepared to produce I-ix records for all electric current employees as well as for terminated employees who fall within the retention catamenia – iii years from the date of hire or 1 year from the appointment of termination, whichever is afterward.

I-nine records may be stored at the worksite or other locations, simply the storage choice must make it possible for the documents to be transmitted to a central location chop-chop. Official notices for the production of documents for inspection are legally required to provide 72 hours' notice.

Employers should avoid storing I-9 records in employees' personnel files because it may exist difficult to excerpt records from individual personnel files in fourth dimension to run across a iii-solar day deadline for official inspection, particularly if a large number of employees are involved. Therefore, systemized storage is critical to complying with retention requirements, monitoring reverification dates, and being prepared for a regime inspect.

Electronic storage and retentivity of I-nine forms can help you reduce the time allocated to assistants and eliminate clerical errors that upshot in fines during an inspect.

4. Documentation for Proof of Identity or Employment Authorization

With the course, prospective employees must provide documents that evidence their eligibility to work. A variety of documents is acceptable in a specified combination with another. The prospective employee must provide:

One document that establishes both identity and employment eligibility (List A) or

I document that establishes identity (List B) together with another certificate that establishes employment eligibility (List C).

LIST A—DOCUMENTS THAT ESTABLISH BOTH IDENTITY AND EMPLOYMENT ELIGIBILITY

These documents establish identity and eligibility to work in the U.Due south. and are considered adequate proof of both.

U.S. Passport or U.S. passport card,
Form I-551, Permanent Resident Bill of fare or Alien Registration Receipt Bill of fare,
Strange passport that contains a temporary I-551 postage or temporary I-551 printed notation on a car-readable immigrant visa (MRIV),
Course I-766, Employment Authorization Document (EAD) that contains a photograph,
For nonimmigrant aliens authorized to be employed based on their nonimmigrant condition, a foreign passport with Form I-94 begetting the aforementioned proper name as the passport and an endorsement of their nonimmigrant status,
Passport from the Federated States of Micronesia (FSM) or the Democracy of the Marshall Islands (RMI) with Form I-94 indicating nonimmigrant admission nether the Meaty of Free Association Between the United States and the FSM or RMI.

LIST B—DOCUMENTS THAT Establish IDENTITY

In the absence of whatever of the above documents, an employee would have to present two others, ane for proof of identity and the other for proof of employment eligibility. The following documents can establish an employee'south identity:

Driver's license or ID card issued past a state or outlying possession of the The states provided it contains a photo or information such as name, date of birth, gender, height, eye color, and accost,
ID card issued past federal, land, or local government agencies or entities, provided it contains a photograph or information such as name, date of nascency, gender, height, center color, and accost,
School ID card with a photo,
Voter's registration card,
U.S. Armed services carte or draft record,
Military dependent's ID bill of fare,
U.S. Coast Guard Merchant Mariner Carte,
Native American tribal document,
Commuter'southward license issued by a Canadian government authorisation.

SPECIAL List FOR PERSONS WHO ARE MINORS

Employees who are younger than age eighteen and who are therefore unable to present whatsoever of the above documents can provide historic period-advisable documents instead, including:

Schoolhouse record or written report card,
Dispensary, doctor, or infirmary tape,
Twenty-four hour period care or nursery school tape.

List C—DOCUMENTS THAT Plant EMPLOYMENT ELIGIBILITY

Ane of these documents must be presented in addition to a document from List B.

U.S. Social Security Card issued past the Social Security Administration, other than a menu stating that it is not valid for employment,
Certification of a study of nativity issued by the U.S. Department of State (Forms DS-1350, FS-545, FS-240),
Original or certified copy of a birth certificate issued by a state, canton, municipal authority, or outlying possession of the United States begetting an official seal,
Native American tribal certificate,
U.S. Citizen ID Card (Form I-197),
ID Card for use of a Resident Denizen in the Usa (Form I-179),
Unexpired employment authorization document issued by the Department of Homeland Security. This does not include Class I-766, Employment Dominance Document, from Listing A.

5. Form I-9 for Rehires

Rehiring workers depends on the company policy and the completion date of the previous I-9.

Employers need to brand a policy decision: to apply Department three of the existing I-ix when possible or to skip the analysis and only exercise new Class I-ix for all rehires.

Employers may use Section three of the Form I-ix instead of doing a new 1 if they are rehiring the employee within 3 years of the date that the previous Form I-9 was completed.

If employees previously indicated that they were aliens authorized to piece of work for a express flow, and that menstruum has expired, employers also need to run across a Listing A or C certificate and must record the document information in Department 3 – this is known equally reverification. If employers are using Section iii to reverify, they need to ensure that they are using the most contempo version of the Form I-9.

If it has been more than than iii years since the original I-9 was completed, employers must complete a new Class I-9, treating the employee as a new hire for I-ix purposes.

Electronic I-9 verification helps you maintain E-Verify and I-9 compliance and get efficient and authentic employment verification of new hires.

6. I-9 for Remote Hires

When employers hire remote employees, they demand to ensure connected I-ix compliance and follow the necessary I-9 verification requirements.

When employers are unable to be physically nowadays with employees for I-ix verification, such as situations where employers are onboarding remote employees, they have to designate authorized representatives to complete Form I-9.

When employers designate authorized representatives, those representatives, including personnel officers, foremen, agents, or notaries, need to carry out all Class I-nine compliance responsibilities. This means that they have to physically examine the documents to decide if the documents are from the Listing of Acceptable Documents attached to Grade I-9 and whether the documents appear to exist genuine and relate to the employee that presented them.

If employers designate authorized representatives for Grade I-nine verification, information technology is important to accept standard procedures and instructions in place. The instructions should include steps for the representative to follow, include guidance for the employee on what to do later on the representative has completed his or her role, and instruct the representative to sign any additional business documentation when necessary.

If employers designate authorized representatives for Class I-ix purposes, it is important to have standard procedures and instructions in identify. The instructions should include steps for the representative to follow, include guidance for the employee on what to do after the representative has completed his or her part and instruct the representative to sign whatsoever additional business documentation when necessary.

When employers designate notaries to act as authorized representatives for I-9 completion, the notaries are not interim in their notary public part for this procedure. Instead, the notaries are interim as authorized representatives of employers and therefore should not provide notary seals on Form I-9.

Remote I-9 Verification during the COVID-19 Pandemic

Reviewing documents via webcam was non adequate until March 20, 2020, when DHS announced that it is temporarily amending the Course I-nine verification and reverification procedures. Due to the coronavirus outbreak, DHS allowed remote I-ix verification of the original documents through an electronic medium, such as an online meeting, e-mail, or fax, provided employers retain copies of the documents, and complete the Form I-9 within three business days of an employee starting work. DHS extended this policy on May xix, June xix, and July xviii, then the latest extension is prepare to expire on Baronial 19.

Co-ordinate to USCIS, employers remain liable for any violations in connection with Forms I-ix where authorized representatives complete the forms. To that cease, it is critical that employers empathise proper Form I-9 procedures and ensure whatever authorized representatives are following the necessary protocol and meet I-9 compliance requirements.

I of the changes introduced with the newest version of Form I-9 is that an authorized representative tin can be any person the employer authorizes to consummate and sign the course on their behalf. This proved to be especially useful during the COVID-xix pandemic when many employers opted for the authorized representative model instead of the traditional I-ix process.

Employers can remain compliant with Class I-9 requirements even when they are unable to exist physically present for the I-ix procedure. However, it is disquisitional for both employers and their designated representatives to follow correct procedures and prevent potential penalties in the effect of an I-9 inspection by the government. With proper planning and safeguards, employers should be able to ensure I-9 compliance and minimize liability for violations in connection with the Form I-nine itself or the verification procedure.

To that end, electronic I-9 verification enables remote completion of Class I-nine, ensuring remote workers' I-9 forms are submitted timely. Transitioning to electronic I-9 verification provides a comprehensive technology platform to streamline this unabridged process, resulting in a proactive and compliant arroyo to onboarding remote employees.

7. E-Verify: The Web-Based I-nine Verification System

What is E-Verify

Due east-Verify is an Cyberspace-based system that compares information entered by an employer from an employee's Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Assistants to confirm employment eligibility.

Eastward-Verify is the only complimentary, fast, online service of its kind that electronically confirms an employee'south information against millions of authorities records and provides results in a few seconds.

Is E-Verify Mandatory

E-Verify is voluntary except for employers with federal contracts or subcontracts containing the Federal Acquisition Regulation (FAR) E-Verify clause requiring the use of E-Verify for a legal workforce. States that already have laws regarding E-Verify use include Alabama, Arizona, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Florida, and Virginia.

However, legislation introduced in Congress in 2017 – Legal Workforce Human action (H.R. 3711) – hopes to make the E-Verify electronic employment eligibility verification system a mandatory and permanent requirement for U.S. employers to ensure the workers they hire are legally eligible to work in the United states of america.

Mandatory nationwide use of East-Verify was included in the White House Financial Year 2018 Budget in guild to expand worksite enforcement strategies by mandating nationwide use of the E-Verify system to reduce illegal employment.

How Does East-Verify Work

The E-Verify process tin can exist started whatever time afterwards the Form I-9 is completed but in no case later than 3 business days after the new rent's bodily start appointment.
An employer inputs information from the I-ix grade into Eastward-Verify. Once all of the appropriate information has been put into the system, E-Verify compares the data to the records in the Social Security Administration and Section of Homeland Security's databases.
If the data matches, East-Verify volition render an Employment Authorized result if the information matches. If a mismatch appears, E-Verify volition return a Tentative Nonconfirmation (TNC) result. The vast bulk of cases are resolved within 3 days.

If the employee decides to competition the mismatch, they must contact the appropriate bureau to resolve the mismatch within eight federal government work days from the referral date. If the mismatch is resolved, an Employment Authorized result will be returned. Otherwise, a terminal not-confirmation volition be sent and the employee can be terminated based on East-Verify.

In response to the quickly spreading coronavirus, DHS introduced changes to E-Verify resolution deadlines. Given the numerous COVID-19 related closures and social distancing directives, the period given to employees to brand initial contact with SSA or DHS was temporarily suspended.

Advantages of Using E-Verify for I-ix Verification

Eastward-Verify is bachelor at whatsoever time and anywhere with a computer and internet access. As well, the employer tin outsource East-Verify to a designated third-party bureau.
The results of the I-9 verification cheque are quickly produced.
Possible errors and mismatches with government records can be accurately spotted.
The Due east-Verify photo tool prevents document fraud and ensures the documents' genuineness.
Information technology is a rebuttable presumption that companies that properly use Due east-Verify maintain I-9 compliance and attach to employment eligibility laws.

Electronic I-9 solution fully integrated with E-Verify volition aid yous save fourth dimension, eliminate potential errors, and remain E-Verify compliant.

8. Different Types of I-ix Penalties

Upon inspecting forms for I-9 compliance, Immigration and Customs Enforcement (ICE) agents or auditors may discover technical or procedural violations. In this instance, an employer is given ten business days to brand corrections.

An employer may receive a monetary fine for all substantive and uncorrected technical violations. Employers adamant to have knowingly hired or continued to utilise unauthorized workers volition be required to cease the unlawful activity, may be fined, and in certain situations may be criminally prosecuted. Additionally, an employer found to take knowingly hired or continued to employ unauthorized workers may be subject to debarment past Ice, meaning that the employer will exist prevented from participating in hereafter federal contracts and from receiving other government benefits.

Monetary penalties for knowingly hiring and continuing to utilise violations range from $375 to $16,000 per violation, with echo offenders receiving penalties, at the higher finish. Penalties for substantive violations, which include declining to produce a Form I-9, range from $110 to $one,100 per violation. In determining penalty amounts, ICE considers five factors: the size of the business concern, good-religion effort to comply, the seriousness of violation, whether the violation involved unauthorized workers, and the history of previous violations of I-ix compliance.

9. Form I-9 Compliance Guidance

While the I-9 process may appear simple, it is of import to ensure all the data employees provide is genuine in order to avoid potential audits and non-compliance fees. Besides, there are many common mistakes and human being errors that tin be made while completing and maintaining I-9 records. If employers neglect to maintain I-9 compliance or to consummate I-9 documentation correctly, this may lead to non-compliance with Immigration and Customs Enforcement (Ice) rules, resulting in harsh fiscal penalties.

Tentative Nonconfirmation (TNC)

Employers may receive a Tentative Nonconfirmation (TNC) when either the Department of Homeland Security (DHS) or Social Security Assistants (SSA) identifies something entered on the I-9 equally not matching their records.

An SSA TNC may exist issued because the employee'due south:

Citizenship or immigration status was not updated with SSA,
The proper noun change was not reported to SSA,
Name, Social Security number or date of nascency is incorrect in SSA records,
SSA record contains another type of mismatch,
Information was not entered correctly by the employer.

A DHS TNC may exist issued considering the employee's:

Name, A-number, I-94 number and/or foreign passport number were recorded incorrectly in DHS records,
U.South. Passport, Passport Card, commuter'south license or country ID card information could not be verified,
Information was not updated in the employee's DHS records,
Citizenship or immigration status changed,
The tape contains another type of error,
Information was not entered correctly by the employer.

What Happens when E-Verify Returns A TNC Result

1. The employer notifies the employee of the TNC.

When Due east-Verify displays a TNC case issue, the employer must first notify the employee of the TNC. To notify the employee, the employer must print the Further Action Notice (FAN) and provide it to the employee. The Further Action Notice is a critical document that lets the employee know:

Whether the TNC is an SSA or DHS TNC. This is important because the employee must know which ane of these agencies to visit or contact to take action.
Why the employee received a TNC.
What the employee'south options after having received a TNC.
What the employee must do to take action to resolve the TNC.

The Further Action Notice also provides instructions to the employer for notifying an employee of a TNC. Specifically, the employer must:

Print the Further Activity Detect and review it privately with the employee.
Read the Further Action Discover to the employee if the employee cannot read.
Provide the employee with the English version and a foreign language version of the Further Action Notice if the employee does non fully understand English.
Sign the employer section on the first page of the Further Action Notice.
Instruct the employee to complete and sign the employee department on page ii of the Further Action Detect.
Provide the employee a re-create of the signed Further Action Notice and go on the original with the employer's records.

2. The employee decides whether to contest the TNC.

Employees likewise have certain rights and responsibilities later on having received a TNC. Later receiving a TNC, the employee must decide whether to competition it and signal so on the Further Action Notice.

An employee who chooses to contest an SSA TNC must visit an SSA field function inside viii federal government working days to brainstorm resolving the TNC. An employee who chooses to contest a DHS TNC must call DHS within eight federal government working days to begin resolving the TNC.

If the employee chooses non to competition a TNC, the instance and so results in Terminal Nonconfirmation, and the employer may terminate the employee based on East-Verify. At this point, the employer must close the case in E-Verify and indicate whether the employee was terminated.

3. Employer refers the employee's instance to SSA or DHS.

An employee who chooses to contest a TNC must visit an SSA field office in person if an SSA TNC is received or call DHS within eight federal government working days for a DHS TNC. When the employer refers the example, E-Verify will generate a Referral Engagement Confirmation which the employer must print and give to the employee. The Referral Date Confirmation provides the employee the date by which he or she must visit an SSA field role or telephone call DHS to resolve the TNC.

It is also of import for the employer to provide a copy of the Further Action Notice to the employee then they can refer to it for instructions to resolve the mismatch and show a copy of information technology to the representative if they visit an SSA field office.

If the employee contests a DHS TNC issued because of a photo mismatch, pregnant the employer indicated that the photograph displayed by E-Verify did non match the photo on the employee's document, the employer must besides make a copy of the document the employee provided and submit information technology to DHS for review. The employer may either scan and upload an epitome of the certificate or send a re-create of the document via express mail at the employer's expense.

The employee must be allowed to proceed working while he or she resolves the mismatch. In addition, an employer may not take any agin deportment, such as delaying training or reducing work hours, confronting an employee because of a TNC while the example status is an Employee referred to SSA or DHS.

four. Employee takes action to resolve the mismatch.

Once the employer refers the case in E-Verify, the employee has eight Federal Government working days to visit an SSA field office or call DHS. When visiting SSA or contacting DHS, the employee should accept the Further Action Find forth with any required documents. The Farther Action Discover explains what documents are required to resolve the different types of possible mismatches.

If the employee does non accept the required action to resolve the TNC within 10 Federal Government working days afterwards the instance is referred, Due east-Verify will automatically change the employee'southward case condition to SSA or DHS Concluding Nonconfirmation. Merely after an employee receives an SSA or DHS Final Nonconfirmation may the employer terminate the employee based on Eastward-Verify.

5. Case updates in E-Verify.

If the employee is successful in resolving the mismatch, SSA or DHS volition update its records and the example in E-Verify. Information technology may take upwards to two Federal Government working days afterwards a mismatch is resolved for the employer to see the updated case status in E-Verify.

East-Verify features a instance condition alert that will notify the employer of an update in a case when the employer logs in to Due east-Verify.

In near SSA TNC cases, SSA volition update the instance with a final example result, which tin can be either Employment Authorized or SSA Terminal Nonconfirmation. Occasionally, SSA may require the employer, employee, or DHS to take boosted action before a last instance result can be issued. In these cases, SSA will update the instance to reflect one of the post-obit results:

Example in Continuance: In rare cases, SSA may need more than 10 Federal Government working days to ostend an employee's employment eligibility. This tin can happen when an employee has lost and has applied for a replacement certificate, such every bit a birth certificate. The employee must kickoff visit SSA and endeavour to resolve the TNC earlier SSA will put a example in constancy. Employers should check E-Verify regularly for condition updates.
DHS Verification in Process: The employee may accept resolved the discrepancy with SSA, but E-Verify cannot instantly confirm employment authorization considering it needs to manually review the records in government databases. For cases requiring manual review, East-Verify volition render a DHS Verification in Process response and in most cases provide I-nine verification results within 24 to 48 hours. No activeness is required by the employer or employee during this time. Employers should check E-Verify regularly for status updates.
Review and Update Employee Data: In some cases, SSA will prompt an employer to review and correct the information that was entered into E-Verify and update the case. This occurs when an employee who has received an SSA TNC visits SSA and SSA determines there are no errors in the employee's record. This discrepancy may effect from either of the following situations:

An employer typing fault in E-Verify.
The employee provided incorrect information on the Form I-9, Employment Eligibility Verification form.

The above iii case statuses are considered temporary. While a case is in continuance, the employer cannot terminate, suspend, filibuster preparation, withhold or lower pay, or take any other adverse action against the employee because the employee received a TNC.

In almost DHS TNC cases, DHS will update the employee's case with a final instance consequence, which can be Employment Authorized, DHS No Show, or DHS Final Nonconfirmation. Occasionally, DHS may require the employee to have additional action earlier issuing a last case result. In these situations, DHS volition update the employee'due south case to Case in Continuance.

In rare cases, DHS may need more x Federal Government working days to confirm employment eligibility. This can happen for a number of reasons, including if an employee has lost the certificate that was presented for I-9 verification and has applied for a replacement document. The employee must contact DHS and attempt to resolve the TNC before DHS can put a case in continuance.

Case in Continuance is considered a temporary example status. While a case is in constancy, the employer cannot terminate, suspend, filibuster training, withhold or lower pay, or have whatever other adverse action confronting the employee because the employee received a TNC.

6. Employer closes the employee's instance in Eastward-Verify.

One time the employee has received a last instance status, such equally Employment Authorized or SSA or DHS Terminal Nonconfirmation, the employer must close the case in E-Verify. If the employee received an SSA or DHS Final Nonconfirmation, the employer must likewise point whether the employee was terminated.

Using an electronic I-9 solution integrated with Due east-Verify will enable automatic bulk endmost of resolved cases and salvage y'all hours of in-business firm piece of work dedicated to maintaining compliance.

Maintaining I-9 Compliance

Even though E-Verify is a voluntary program, it could before long become mandatory nationwide under comprehensive immigration reform. Statistics show that 98.93% of E-Verify cases are automatically confirmed as work authorized, and for the ones that aren't, only 0.27% remain unresolved. This proves that E-Verify is an authentic, comprehensive, and verifiable way for employers to ensure a legal workplace for both employees who are verified equally eligible to piece of work in the U.S., and for potential employees considering information technology speeds the hiring process. Still, mistakes happen and tin can lead to TNCs, which is why employers need to undertake the recommended steps leading to I-9 compliance and costless themselves from civil and criminal liabilities.

10. I-ix Verification Best Practices: Avoid I-9 Violations and Fines

Using E-Verify to verify the employment eligibility of all new hires. Past participating in E-verify, employers bear witness they are being proactive every bit a company to continue the workforce legal. E-verify statistics prove that 98.6% of submissions are employment authorized.
Ensuring that the I-9 and E-Verify process is conducted but by individuals who have received appropriate training and include a secondary review equally part of each employee'due south verification. With fines beingness practical for clerical errors, the secondary review of the Form I-9 is a critical step as it is extremely valuable in correcting a human error.
Avoiding improper storage of documents to make sure they are hands accessible in case of ICE audits. Though there is no legal requirement that Forms I-nine need to be stored separately from the employment file, employers have only three business organization days later receipt of a Notice of Inspection from the ICE to gather necessary documentation.
Performing regular cocky-audits and correcting any bug before the government gets involved. While performing a Form I-9 self-inspect may seem tedious and fourth dimension-consuming, information technology tin can help companies avoid possible penalties. Plus, this is a good step in creating policy within the Hour department to accomplish and maintain I-nine compliance.
Using electronic I-9 verification software for creating, managing, and storing Course I-9 that provide the best way to handle I-9 compliance. Employers tin can relieve time and reduce the potential for errors by relying on an electronic I-9 verification solution, fully integrated with E-Verify, that completes an electronic Form I-nine, and simultaneously begins the E-Verify process. Furthermore, such solutions ensure electronic I-9 verification that meets the necessary guidelines, followed past the management, preparation, document storage, and auditing of the Form I-9.

Use this step-by-stride guide to ensure a thorough I-9 cocky-audit and leave no space for omissions, non-compliance, and fines.

11. Anti-Discriminatory Provisions

The Clearing Reform and Command Act which introduced the requirement leading to the promulgation of the Form I-9 also included anti-discrimination provisions. Under the Act, nearly U.S. citizens, permanent residents, temporary residents, asylees or refugees who are legally allowed to work in the U.s.a. cannot be discriminated confronting on the basis of national origin or citizenship condition. This provision applies to employers of iii or more than workers and covers both hiring and termination decisions.

An employer cannot pass up to hire a candidate considering his I-9 revealed that he was a non-citizen rather than a U.S. citizen. For this reason some immigration lawyers advise companies to avoid requiring an I-9 until a candidate is hired rather than risk a lawsuit.

A company cannot ask an employee to provide a passport rather than some other document because anti-bigotry provisions crave that employers enforce I-nine compliance in a uniform mode. Also, employers cannot assume that the employee is unauthorized to work just because the individual either could not bring proof of employment authorization or has brought unacceptable documents until the start date of the employment.

The Office of Special Counsel for Immigration-Related Unfair Employment Practices ("OSC") is a section within the Department of Justice's Ceremonious Rights Partition that enforces the anti-discrimination provision of the Immigration and Nationality Act ("INA"). The OSC can help workers by calling employers and explaining proper I-9 verification practices and, when necessary, by providing victims of discrimination with charge forms. Upon receipt of a charge of discrimination, OSC investigations typically take no longer than seven months. Victims may obtain various types of relief including task relief and back pay.

Types of Discrimination

The OSC investigates the following types of discriminatory behave under the anti-discrimination provision of the Clearing and Nationality Act (INA), viii U.s.a.C. § 1324b.

CITIZENSHIP OR IMMIGRATION Condition Bigotry

With respect to hiring, firing, recruitment, or referral for a fee past employers with four or more than employees, employers may non treat individuals differently because they are or are non U.S. citizens or piece of work-authorized individuals. U.S. citizens, recent permanent residents, temporary residents, asylees, and refugees are protected from citizenship condition discrimination. Nevertheless, permanent residents who exercise non use for naturalization within six months of eligibility are non protected from citizenship status discrimination. Citizenship status bigotry which is otherwise required to comply with the police, regulation, executive order, or government contract is permissible by law.

NATIONAL ORIGIN DISCRIMINATION

With respect to hiring, firing, recruitment or referral for a fee by employers with more than three and fewer than fifteen employees, employers may not care for individuals differently considering of their identify of birth, country of origin, ancestry, native language, accent or because they are perceived as looking or sounding foreign. All U.Due south. citizens, lawful permanent residents, and piece of work-authorized individuals are protected from national origin discrimination. The Equal Employment Opportunity Committee has jurisdiction over employers with 15 or more employees.

UNFAIR DOCUMENTARY PRACTICES

Relating to verifying the employment eligibility of employees, employers may not request more or different documents than are required for I-ix verification, reject reasonably genuine-looking documents, or specify sure documents over others with the purpose or intent of discriminating based on citizenship condition or national origin. U.Southward. citizens and all work-authorized individuals are protected from document abuse.

RETALIATION

Individuals who file charges with OSC, who cooperate with an OSC investigation, who contest action that may plant unfair documentary practices or discrimination based upon citizenship, immigration condition, or national origin, or who assert their rights under the INA'south anti-bigotry provision are protected from retaliation.

Use this updated, detailed checklist to prepare for I-nine audits, identify and prevent mistakes, and maintain I-9 compliance with current I-9 regulations.

12. Groundwork of the Form I-nine

In 1986, President Reagan enacted the Clearing Reform and Command Act (IRCA) to curtail illegal immigration. IRCA mandates that U.S. employers must verify the employment eligibility status of newly hired employees, and makes information technology illegal for employers to knowingly recruit, hire, or employ unauthorized workers.

In response to the law, the Immigration and Naturalization Service (INS), now an integrated component of the DHS, created Form I-9 and mandated its accurate and timely completion past all U.S. employers and their employees.

The law inverse the hiring mural for employers in 2 major ways – IRCA imposed significant legal, financial, and public relations risks for noncompliance and information technology forced employers to enforce the clearing laws.

Grade I-ix Updates

While some federal documents remain unchanged for years, Class I-9 updates are more than common. In recent years, enforcement efforts have increased, making it more important now than ever for employers to keep Form I-9s updated to avert civil fines and criminal penalties.

USCIS released a new version of Form I-ix on January 31, 2020, but employers were immune to utilize the prior version until April xxx, 2020. The new version of the I-9 is very similar to the previous version of the form with some minor changes.

The new Form I-9 includes the revised "Country of Issuance" field in Department 1 and the revised "Issuing Authorization" field in Section 2 to include Eswatini and N Macedonia.

Changes to Class I-9 instructions include:

Description of who can act as an employer's authorized representative,
Updated USCIS spider web addresses,
Description on acceptable documents,
Updated process for requesting newspaper Forms I-9,
Updated DHS Privacy Find.

Although changes in the new Form I-9 appear minor, they present a adept opportunity for reviewing hiring policies and ensure employers are properly completing and retaining the form. It is a must for everyone involved in I-9 verification to use the most updated version to ensure I-ix compliance and avoid class violations and fines.

With the I-9 verification solution fully customizable to meet your needs, you will take control of I-9 compliance, minimize Hour assistants, and replace paperwork, physical filing, and maintenance with compliant, organized, and completely paperless processes.

xiii. Avert Costly Mistakes with Successful I-9 Verification

Form I-9 allows employers non only to decide the eligibility of employees to work in the United states only also to prevent discrimination confronting people of strange origin and citizenship. Given the increased intensity and frequency of Form I-9 audits past U.Due south. Immigration and Customs Enforcement, employers need to be certain they are compliant with regulations for Form I-9. Otherwise, they can face penalties or even lawsuits from the government.

The guidelines for Form I-9 verification are very specific. If all sections of the Form I-9 are non filled out completely and correctly, dated accurately, updated with changes and corrections, reverified when necessary, and retained according to federal guidelines, businesses are at loftier risk of fines and criminal penalties.

To ensure that businesses maximize Eastward-Verify and I-9 compliance and to prevent potential fines, one of the best practices for employers is to rely on an electronic I-ix verification software as an invaluable tool for tracking and storing documentation. Automated I-9 verification software helps minimize take chances with its built-in quality command mechanisms, easy access to stored I-9s, firsthand notification of employment authorization expiration dates, integration with E-Verify, and data security measures. Therefore, the I-ix verification process, which is unremarkably perceived every bit complex and daunting, becomes unproblematic, secure, and efficient.

The information independent within this document is general in nature and is not intended and should not exist construed as legal, HR, or opinion by Emtpech. Please contact Emptech or another subject matter professional person prior to acting on whatever information provided in this certificate. We recommend caution when contemplating acting on any information provided in this document equally it may non be applicable or suitable for the specific viewer'southward needs. Emptech assumes no obligation to update any viewer of whatsoever changes in law, rule, or regulation that could affect the data contained herein. Without express written permission from Emptech, no part of this document may be reproduced, re-transmitted, or otherwise redistributed in any form or past any ways, including, only not limited to photocopying, electronic, facsimile transmission, or using whatsoever other information storage and retrieval system.

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