We’ve all been waiting to see this and we’re impressed.  It’s easy to understand and navigate with excellent graphics and charts.  I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization. I-9 Central also includes a discussion of common mistakes to avoid when completing the form, guidance on how to correct errors, and answers to employers’ recent questions about the Form I-9 process.

“I-9 Central is the latest in our ongoing efforts to better serve the 7.5 million employers who use Form I-9 every time they hire an employee,” said USCIS Director Alejandro Mayorkas. “It provides critical information for all employers – whether they hire a single employee or hundreds – in an accessible, intuitive and comprehensive online format.”

We link to I-9 form Customer Support

Take a look around and let us know what you think.

This is part 2 in our I-9 podcast series where we discuss:

Podcast-5-4-11.mp3

1)  Correcting the I-9 Form
2)  Storage and Retention
3)  Technical and Substantive Violations and fines
4)  I-9 Best Practices

Please contact us to discuss your I-9 compliance needs.  We have a very talented team who are experts and are ready to assist you.

Our monthly employer compliance newsletter where we review the I-9 form, the receipt rule and updating and reverifying the form,  is now available and we link to it  here.

Should you wish to become a client of our office, please contact us at:

562 612.3996  |  info@immigrationsolution.net

1. Filling out the I-9 Form
2. Reviewing the Sections of the Form
3. Re-verifying and Updating information

1)         You’ve had a turnover in the HR position(s) charged with the responsibility of handling and processing I-9 Forms

2)         None of the staff charged with the I-9 process has been formally trained

3)         You already know that you have I-9 document violations, errors and unintentional mistakes

4)         You have recently gone through a corporate reorganization, merger or acquisition

5)         You know you have an on-boarding process that is complex, such as multiple jobsite locations where the I-9 process takes place

6)         When you haven’t documented your I-9 Form policies and procedures in a policy statement or procedures manual

7)         If you have a large volume of foreign worker I-9 forms

8)         If you do not have a tickler system for re-verification or  terminated employee retention

9)         If you do not have  a centralized I-9 recordkeeping process

10)       If you are photocopying documents presented during the I-9 process for some and not for others

11)       You participate in government contracts and have been asked to perform an I-9 audit

12)      You’ve never performed a self-audit or had any outside provider perform an I-9 audit

13)      You do not know how to make corrections to the I-9 form

14)      You’ve received SSA No Match Letters

15)      Your industry is being targeted by ICE

16)      You don’t know that new I-9 guidance was released by USCIS this year

Immigration Solutions regularly represents clients from all industries to develop effective I-9 policies and compliance programs.  By establishing and maintaining effective corporate policies and procedures, many of the above-mentioned warning signs can be addressed proactively in an audit before the government does one for you.

If you’d like to listen to this news Blog via podcast, you can do so here:

E-Verify Self Check

The USCIS Self-Check Initiative will go into effect on March 18, 2011 and will permit individuals to check their work authorization status prior to being hired and to enter data into the E-Verify system that might be reflected in federal databases to ensure that the information relating to their eligibility to work is correct and up to date.  This will lead to a more  reliable and accurate E-Verify system that works better for both employers and employees.

How does Self-Check work?

E-Verify self check uses a Web-based interface that will be accessible to all individuals and is a free, voluntary service offered by the government to provide information to the user about his/her employment eligibility in the USA.  The user will not need to register or open an account, but will be required to agree to the “Terms of Use” and restrictions on usage (you may only run a self check on your own information) detailed on the E-Verify Self-Check website before granted access.

The information collected will only be used to:

• Confirm the identity of the user and
• Confirmation of work authorization

The user will be asked to confirm their current work authorization status and to enter minimal biographic information (name, address, date of birth, the social security number is optional).

After the information is submitted it is authenticated by a 3^rd party Identify Assurance Service that will generate 2 and 4 questions that only the user can answer.  If the user is unable to answer a question or the databases of available information from public records, financial institutions and other available records are insufficient, the user’s identify will not be authenticated and the user will be unable to advance to the next step and complete usage of the system. In this event, none of the information entered is provided to or retained by E-Verify Self-Check.  The system does retain, however, a transaction number, the reason for failure, the date and time of the transaction and the error code.

Once the user’s identity has been authenticated, they can then run an employment eligibility query to determine their work eligibility status.  The biographic information that was provided will pre-populate (and cannot be changed) and additional information will be requested that is identical to the information and documentation required for the I-9 form. Following this step, one of three results can occur:

1)  Confirmation of Work Authorization

2)   Possible SSA mis-match information; and

3)  Possible immigration information mis-match

The user is then asked if they wish to resolve the issue if 2 & 3 above are received.  With an SSA mis-match, the system generates a form with their name and biographic information along with the E-Verify Case Number with detailed instructions as to how to resolve the issue  If the issue is immigration related, the system provides instructions to contact E-Verify Customer Service to assist in the correction of their immigration records within 72 hours after the inquiry to speak with a status verification representative.  If the user’s record cannot be corrected by the representative, the user will be advised of further actions required to resolve their immigration mis-match.

Confirming Work Authorization Without Identity

If an individual is unable to authenticate through the IdP but wants to determine work authorization status prior to hire, USCIS will provide information on how to visit a Social Security Administration field office, access Social Security yearly statements, call USCIS, or submit a Freedom of Information Act/ Privacy Act request to access work authorization records. The individual will also be advised to check the information at the various credit bureaus and through a free credit check website.

Conclusion

With the self check program, workers will be able to use E-Verify in much the same way as employers, except that workers will need to take extra steps to verify their own identity.  It will alleviate much of the administrative burdens that fall on employers who receive an E-Verify non-tentative confirmation of an employee’s work eligibility, since the new tool should allow employees to identify and resolve verification problems before they begin a new job.

Resources

For more information on E-Verify, visit USCIS’  E-Verify homepage.

E-Verify Employee Rights and  Responsibilities

USCIS earlier this week, published new guidance on how to enter an employee’s US passport or visa number into E-Verify when the system doesn’t accept it.

There are occasions when E-Verify won’t accept an employee’s US passport or visa   The usual rule is that you should enter a document number exactly as it appears on the employee’s Form I-9, but sometimes doing exactly that doesn’t work.

USCIS announced that it has updated the help screens for US passport and visa numbers to reflect new guidance on how to enter these numbers in E-Verify.  A permanent fix for entering these numbers is in development and will be implemented in 2011.

In the meantime…What you need to know:

• If an employee’s US visa number isn’t exactly 8 digits, don’t enter it; leave the field blank (it’s an optional field)
• If an employee’s US passport consists of a letter followed by 7 digits, replace the letter with two zeroes (00) so that you enter exactly 9 digits
• For US passport cards, always use an uppercase ‘C’ when entering the number – the field is case sensitive

You may be wondering, why restrict what can be entered?

USCIS does this because they want to minimize the number of typos and incorrect information entered into E-Verify.  For example, several sets of numbers appear on a US visa.  If the field isn’t restricted to 8 digits, it would be easy for a user to enter the wrong number.

We reference below what’s new with E-Verify for those of our readers who are enrolled in the system.

E-Verify Has Expanded Photo Matching!

E-Verify has launched a new U.S. Passport photo matching capability. Employers using E-Verify can now view photos to help confirm the validity of identity documents. Available documents include:

U.S. Passports and Passport Cards

• Permanent Resident Cards (Green Cards)
• Employment Authorization Documents

Visit here for more information about Photo Matching.

Did You Hear About the I E-Verify Seal?

Employers who use E-Verify can now prominently display the official I E-Verify™ seal at their workplace—on bulletin boards, doors or windows. E-Verify enrollees who would like a seal can send a request to uscis.verlogo@dhs.gov.

Designated Agents Get a New Name

The name “E-Verify Employer Agent” has replaced “Designated Agent” to refer to businesses that use E-Verify to confirm the employment eligibility of another company’s employees.

Puerto Rico Birth Certificate Guidance

On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure, certified copies of birth certificates to U.S. citizens born in Puerto Rico. After Oct. 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, became invalid. This new law does not affect the U.S. citizenship status of individuals born in Puerto Rico. It only affects the validity of certified copies of Puerto Rico birth certificates. See the USCIS Update for more information.

New on the E-Verify Website

Updated Manuals are now available

The latest E-Verify guidance can be easily downloaded or viewed online. E-Verify User Manuals, Quick Reference and Supplemental Guides for Employers, Federal Contractors, and E-Verify Employer Agents (formally Designated Agents) were all updated in September and are available on the Publications web page.

How Well is E-Verify Performing?

E-Verify recently updated the Statistics and Reports page on the web site. The updated statistics are based on E-Verify cases in Fiscal Year 2009 (October 2008 through September 2009).

History and Milestones

Check out the history of E-Verify—from the original legislation (1986 Immigration Reform and Control Act) to present-day major milestones. Visit the updated History and Milestones web page for more information.

E-Verify Outreach

E-Verify Offers Free Webinars!  Go to the E-Verify website and click on Sign Up for a Webinar for a complete schedule.

E-Verify Overview

• E-Verify for Existing Users
• E-Verify for Federal Contractors
• Form I-9, Employment Eligibility Verification

E-Verify gives live presentations and workshops, and participates in conferences and exhibits. If you would like a speaker for an event or conference, please e-mail us at E-Verify@dhs.gov or call 1-888-464-4218.

E-Verify in the Community

• Small, Minority, Women and Veterans Business Owners
  San Antonio, Texas                December 8, 2010
• 29th Annual Government Contract Management Conference
  Arlington, Virginia                    December 9-10, 2010
• The Agriculture Employer Forum
  Provo, Utah                             December 15, 2010
• The West Valley Chamber of Commerce
  Salt Lake City, Utah                December 16, 2010
• Human Resource Council of the Manufacturers Association of Central New York
  Syracuse, New York               December 21, 2010

Here’s the link to the new E-Verify Newsletter

USCIS has posted an Executive Summary of a listening session it hosted on November 2, 2010 regarding the Form I-9. The summary presents stakeholder comments, suggestions and concerns for how to improve the form itself and the overall I-9 process. There were many worthwhile suggestions that we hope USCIS will strongly consider.

In this climate of excessive worksite enforcement, we note that there was particular emphasis on USCIS providing better, more clear I-9 employer tools and support. Employers were also confused as to how to correct the I-9 form and who corrects what (which is covered in audits and training performed by qualified attorneys skilled in the area of employer compliance).

Should you wish to discuss your compliance concerns and issues, please contact our office. We also have an excellent employer compliance resource center that you can access at www.I-9Audits.com.

Employers can no longer afford to think that because they don’t hire foreign nationals, they don’t have any I-9 issues or need to comply with I-9 immigration regulations. The I-9 form is required documentation for all US citizens and non-citizens …every single employee must fill out an I-9 Form.

In our employer compliance audit practice, we find that every employer has I-9 violations, from minor clerical errors and unintentional mistakes, to document discrimination issues due to lack of training on I-9 regulations and document requirements.

Immigration attorneys, HR professionals, auditing firms and other professionals, if skilled in the practice area of employer compliance audits, could qualify as a viable vendor in handling I-9 audits, training and policy development.

There are a lot of do and don’t lists, blog postings, podcasts, free seminars and more on this topic which is why you should most particularly pay close attention as to whether or not the provider has a broad understanding of employer immigration compliance law and policy.  Discuss with them their previous and current experience, can they answer your questions, what services do they provide, what solutions are they proposing to suit your specific needs, and what type of follow-up consultation do they provide post-I-9 project completion.

Immigration Solutions regularly represents clients from all industries in developing effective I-9 policies and compliance programs. We assist our clients proactively in establishing and maintaining effective corporate policies and procedures, before one of the five government agencies involved with enforcement knocks on your door.