The following are excerpts from a meeting between the American Immigration Lawyer’s Association (AILA) and ICE/HSI (Homeland Security Investigations) from November 19, 2013 that represents some material changes in regulations concerning several important issues such as pre-population, how many violations per I-9 is permitted, E-Verify and new hires, and more, as follows:

Electronic I-9s

 AILA Question: In the January 2013 liaison meeting with AILA, and again in April 2013, ICE HSI indicated that pre-population of Section 1 of an electronic Form I-9 did not comply with regulations. In the April 2013 liaison meeting with AILA, USCIS confirmed that pre-population of Section 1 in an electronic Form I-9 was not acceptable, regardless of whether the company’s representative signed the translation section.  AILA has received information indicating that HSI has recently announced that it has no position on pre-population of Section 1 of an electronic I-9.  Can HSI please clarify for AILA what its current position on pre-population is? Does HSI consider pre-population acceptable under certain circumstances? What are those circumstances?

ICE Response: What may constitute “pre-population” varies substantially. In reviewing any specific pre-population practice, ICE will examine the company’s practices overall to determine
whether a violation occurred and a sanction should be imposed.

How many Notices of Inspection did HSI serve in 2013?

ICE Response: ICE served 3,100 NOIs.

Multiple penalties for single I-9

AILA Question: AILA members have reported that employers have been assessed separate fines for every error on one Form I-9. In other words, a Form I-9 with five errors will generate a fine that is five times more than a Form I-9 with one substantive error. OCAHO cases and ICE’s “Form I-9 Inspection Overview” Fact Sheet indicate that “the standard fine amount” is calculated against each Form I-9 with substantive violations, regardless of the number of substantive violations on the Form I-9. Please confirm that a form with one substantive error would generate the same fine as a form with five substantive errors in the same Form I-9 audit.

ICE Response: There can only be two violations per Form I-9: (1) a knowing hire, continuing to employ violation; and/or (2) a paperwork violation. Only one paperwork violation should be assessed per Form I-9. If more than one paperwork violation per I-9 is cited, attorneys should raise the issue with the ASAC or SAC.

Pervasive single error on I-9s: AILA Question:  We frequently work with employers who due to a training error make the same error on the Form I-9 (such as repeatedly omitting the List C issuing authority). As it is one pervasive error, it does not indicate the more pervasive problems or potential disregard for the verification process, as would employers whose forms I-9 have many different errors. Would HIS consider adjusting its penalty matrix or making some other accommodation to take into account the fact that one common mistake on multiple Forms I-9 should not lead to the same penalty as different or multiple mistakes on the same number of multiple Forms I-9?

ICE Response: ICE is considering this issue. ICE acknowledged that one pervasive error on multiple I-9s seems like a different level of violation than wide-ranging multiple errors. ICE agreed to consider ways to address this.

I-9s for owners of closely held corporations. AILA Question: The OCAHO decision in Santiago Repacking, 10 OCAHO No. 1153 (Aug. 24, 2012) held that an owner in a closely-held corporation, who also works there and draws a paycheck, does not need to have an I-9 form. Please confirm that HSI follows this decision.

ICE Response: ICE stated that it follows all OCAHO decisions.

NOI Notices

AILA Question: The current NOI notices include language that suggests that HSI will require employers to provide access to their electronic I-9 systems. Is this a current practice? If so, what have been the results of these audits? Has HSI considered any employer’s I-9s to be uniformly invalid due to non-compliance of the electronic system used, or does HSI determine whether the electronic I-9s have substantive/technical deficiencies on a case-by-case basis for each I-9?

ICE Response: In some cases ICE has asked the employer to provide a live demonstration, not just a canned demonstration. This applies to both commercially available software and in-house applications.

E-Verify Q&A

Roll-over of employer data. AILA Question: At recent meetings, USCIS has informed AILA that future releases of E-Verify would enable an employer who terminates its MOU (at least for reasons of merger or change in designated agent) to have continued access to its prior E-Verify records and allow transfer of historical data to the updated account. What is the status of this development? If an employer with a terminated MOU needs access to historical E-Verify information, what is the process for obtaining it?

USCIS Response: There is currently no mechanism for an employer to continue to have access to E-Verify data after termination of an MOU.  Once an account is closed, all access to the account and its associated records are terminated. USCIS is developing a method and/or feature for the retention of historical E-Verify data, but there is no tentative date set for this enhancement. At this time, the best workaround to preserve E-Verify records is for the employer and E-Verify Employer Agent to create and retain a complete user audit report for themselves and their clients. From within the Administrator’s functions, an employer can create an Excel spreadsheet with all of the information.  Note that this report would not relieve the employer’s responsibility under the MOU for either copying the E-Verify receipt number on the Form I-9 or attaching the E-Verify record to the form.

AILA Question: What if an electronic I-9 vendor or Employer Agent goes out of business: can an employer have direct access to the information?

USCIS Response: Under data privacy rules, E-Verify is required to “archive” old data, which essentially means that the data is no longer available. The protocol anticipates archiving at the ten year anniversary of data collection, but so far, only pre-1996 data is subject to immediate archive.  Eventually all E-Verify data will be subject to archiving rules. Verification recommends as a best practice that employers print-out and retain the E-Verify records.

E-Verify and Re-hires

AILA Question: It appears that Verification recognizes that an E-Verify query is not always necessarily a rehire situation where the employer is allowed under I-9 regulations at 8 CFR §274a.2(c)(1)(i) to continue to rely on the re-hired employee’s original I-9.  The following guidance is posted in E-Verify FAQs:

Do I need to create a case in E-Verify if my company rehires an employee?

If you rehire a former employee within three years of his or her previous hire date, you may rely on the information on his or her previous Form I-9.  If you rehire an employee for whom you never created an E-Verify case and the employee’s and the employee’s previous Form I-9 lists an expired identity document (List B), then you may either:

–  Complete Section 3 of the employee’s previous Form I-9 and not create a new case for the employee in E-Verify or

–  Complete a new Form I-9 for the employee and create a new case for the employee in E-Verify

See the Handbook for Employers: Instructions for Completing Form I-9 (M-274) for more   information on rehires.  The above guidance, however, does not address the proper way for an employer to treat employees in the most common rehire circumstances – (1) where the rehired employee was not subject to E-Verify at the time of the original hire; and (2) where a rehired employee was previously run through E-Verify and does NOT have an expired identity document. The current guidance suggests, but does not state explicitly, that an E-Verify query based on the rehire date is required in situation (1) and that an employer should not re-query the rehired employee in (2). It was suggested that USCIS provide further clarification to the E-Verify rules for rehired employees and suggested the following amendment to the FAQ as follows:

An employer may rely on previous E-Verify queries for rehired employees in certain circumstances.  If you rehire a former employee within three years of his or her previous hire date, you may rely on the original Form I-9 as long as the work authorization (List C) documentation originally presented by the employee is still valid. If the rehire date is more than three years from completion of the original I-9, or if the employee’s work authorization has since expired, you must complete a new I-9 and run a new E-Verify query using the rehire date as the date of hire.  For purposes of E-Verify, where the employer can rely on the original I-9 and the rehired employee was subject to an earlier E-Verify query, you may continue to rely on the earlier query. If the rehired employee was not previously subject to an E-Verify query and the employee’s identity document is still valid, you may run the E-Verify query based on the data in the original I-9, but using the rehire date as the E-Verify hire date. If, however, the rehired employee’s identity document (List B) has expired, you cannot run an E-Verify query as the system will not accept expired documents. In that case, then you may either:

– Complete Section 3 of the employee’s previous Form I-9 and not create a new case for the employee in E-Verify or

– Complete a new Form I-9 for the employee and create a new case for the employee in E-Verify,  using the rehire date as the E-Verify hire date.

USCIS Response: USCIS updated the rehire section in the newest version of the E-Verify user manual and now provides the following guidance:

If you never created a case in E-Verify for the employee, you must have the employee complete a new Form I-9 and create a case in E-Verify. If you previously created an E-Verify case, but did not receive an employment authorized result, you must have the employee complete a new Form I-9 and create a case in E-Verify.  If you previously created a case in E-Verify for the rehired employee and received an employment authorized result, complete Section 3 of the employee’s previous Form I-9 and do not create a new case for the employee in E-Verify. Alternatively, you may choose to complete a new Form I-9 and create a case for the employee in E-Verify.  Employers are reminded that if you rehire your employee within three years of the date that the initial Form I-9 was completed, you may complete a new Form I-9 for your employee or complete Section 3 of the previously completed Form I-9. If more than three years has elapsed since the initial Form I-9 was completed, employers must complete a new Form I-9 for a rehired employee and create a case in E-Verify for the rehired employee.

That’s all for now.  We will continue to update as announcements are made concerning new interpretations concerning I-9/E-Verify compliance matters.

DHS/ICE continues to issue Notices of Intent to Fine (NOFs) at an unprecedented rate for Form I-9 related infractions.  Mistakes occur in the I-9 process, it’s inevitable.  While establishing a written compliance policy, training and careful prevention is the best approach.  All employers should take time at the beginning of each year to conduct an internal audit and self-examination of their systems, operating procedures, and past and present practices for handling I-9s, as well as to access training needs for the employees charged with handling and supervising the I-9 process.  We also recommend that you review your E-Verify submissions, as well as revisiting just how compliant your I-9 software really is with your vendor if you are using an electronic system.

While there are many checklists and do-it-yourself guides and webinars available on the Internet and elsewhere, consulting a licensed attorney or specialist in the field who is familiar with I-9 and E-Verify compliance issues can save employers hours of research, provide a solution tailored to your organization, and save you thousands of dollars in fines and penalties should ICE knock on your door.

When ICE notifies an employer of their intention to perform an audit, it opens the door for an onslaught of inquiries and investigation from other government agencies that range from SSA mis-match issues to Department of Labor (DOL) wage and hour, USCIS, IRS, and more if you have areas of incompliance in your operating procedures.  This is not the time during an audit when under pressure to clean up compliance problems.

New employers are often more at risk because many are not even aware of the I-9 requirement, and probably are also unaware of the need for all employees to complete the I-9 Form.  Some are aware, but they lack knowledge concerning the regulations that govern the form; such as, timeframes, acceptable documents, form retention, and other important details that are integral to the process. Particularly, there are problems with industries such as IT consulting, healthcare, staffing agencies, and other organizations with multiple locations in regard to completing the I-9-Form remotely with the employer’s designated agent and employee in different locations.   

These are just a few reasons why we urge you to assess the strengths and weaknesses of your present compliance program, and start the New Year fresh with a renewed commitment to implement best practices that will provide the foundation upon which you can develop and maintain a more compliant business and workforce.

You might be interested in joining our LinkedIn group, I-9/E-Verify: Smart Solutions for Employers,” and signing up to receive via RSS feed or email our Blog posts.

On December 8, 2013 E-Verify will release new and revised Memorandums of Understanding (MOUs) that are tailored to each access method.

The changes were made in response to customer feedback and to update the MOUs with policy and process changes. Users will find that the new versions have more plain language and are easier to understand, with new titles that clearly identify the access method to which the MOU applies, and bullets that have been changed to letters and numbers to make searching and citation easier. Also, the lengthy sections have been broken up.

Please take the time to review and become familiar with the new MOU’s that apply to your access method; refer to the Fact Sheet and the preview of the new MOUs here. You can also access this information under “View Essential Resources” by logging into E-Verify to review the new and revised MOUs.

What you need to know

• Current E-Verify users will not be required to execute a new MOU, but are bound by any and all enhancements to the E-Verify program including the new or revised MOUs that apply to their access method. Current users should become familiar with the new or revised MOU that applies to them.  The effective date of the MOU for existing users is January 8, 2014.
• The E-Verify enrollment process has not changed.  New Users will review and execute the new or revised version of the MOU that applies to their access method during enrollment.  The effective date of the MOU for new users is December 8, 2013.
• The new and revised MOUs include several updated provisions such as enhanced privacy protections and instructions for reporting privacy and security breaches.

 Revised Memorandums of Understanding

• E-Verify Employer Memorandum of Understanding (June 2013)
• E-Verify Employer Agents Memorandum of Understanding (June 2013)
• Employers using an E-Verify Employer Agent Memorandum of Understanding (June 2013)

TeleConferences

 Two teleconferences will be hosted by USCIS to introduce and discuss the revisions schedule as follows: 

 1)     For General Audience:  December 11(Wed.) 2:30 – 3:30 EST.  Will discuss the revisions made to the existing MOU’s and will open up for Questions.  Register here 

2)     For E-Verify Users:  December 12 (Thurs.), 2:30 – 3:30 EST.  USCIS officials will provide an overview of the three new MOUs for Web service participants, and be available to answer questions. Register here

If you have any questions regarding the registration process, or if you have not received confirmation email within two business days, please email us at Public.Engagement@uscis.dhs.gov.

We have written many articles over the years on what happens when ICE serves an employer with a Notice of Inspection (NOI); see below for links to our articles and resources.  Today, ICE released a new Fact Sheet that referrences the  IRCA law in the 1st paragraph, and then summarizes the order in which an ICE administrative inspection proceeds, the types of notices that are issued following an I-9 ICE audit, how fines are determined based upon knowingly hiring and continuing to employ violations, to substantive and uncorrected techical violations, and how these fines and penalties are calculated.

The penalties for ignoring the legal requirements of the I-9 process can be quite severe, even in cases of unintentional omissions and uncorrected I-9 mistakes. Civil penalties for such errors may range from $110 to $1,100 for each effected employee. A business with thousands of employees and multiple worksites may face a significant financial burden in noncompliance penalties. The fines may be further increased if ICE determines that an employer knowingly hired unauthorized foreign nationals, and can range from $375 to $16,000 per violation with repeat offenders on the high end. Employers and their representatives convicted of having engaged in a pattern or practice of knowingly hiring unauthorized foreign nationals, may also face criminal charges and fines of up to $3,000 per employee and/or six months’ imprisonment. Other federal criminal statues may provide higher penalties in certain fraud cases.

Employers and individuals who commit citizenship status or national origin discrimination may be ordered to pay civil fines and attorneys’ fees. The penalties range from $375 to $3,200 for the first offense for each individual discriminated against; from $3,200 to $6,500 for the second offense; and for subsequent offenses, not less than $4,300 and not more than $16,000 for each person effected.

The trend toward increased scrutiny of immigration employment practices will likely continue in the foreseeable future. With immigration reform still uncertain, ICE continues to step up enforcement activities with a deluge of NOI’s to employers every few months.  These recent developments have made it even more critical that employers maintain a strong immigration compliance profile.  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 key to I-9 compliance for most organizations starts with a thorough self-examination of existing paper I-9’s, E-Verify submissions (if applicable), standard operating procedures, and past practices. While there are many checklists and do-it-yourself guides, free webinars and Podcasts available on the Internet and elsewhere, consulting an experienced immigration consultant or attorney in the practice area can save employers hours of research, provide a solution tailored to your organization and save you thousands of dollars in fines and penalties.

You should strongly consider an independent I-9 audit if…

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 calendar 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 have not performed a random or full audit within the last year by either an internal individual who is familiar with I-9 compliance rules but does not deal with I-9s on a regular basis, or by a reputable independent I-9 auditor.
13. You’ve never performed a self-audit or had any outside provider perform an I-9 audit
14. You do not know how to make corrections to the I-9 form
15. You’ve received SSA No Match Letters
16. Your industry is being targeted by ICE
17. You’re unaware that a new I-9 form was released and do not have a process in place for staying current with regulations and procedures

Immigration Compliance Group 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.

New ICE Fact Sheet

I-9Audit.com – Our Employer Resource Center Articles

On June 15, 2012, President Obama signed a memo calling for deferred action for certain undocumented young people who came to the U.S. as children and have pursued education or military service here. Applications under the program which is called Deferred Action for Childhood Arrivals (“DACA”) began on August 15, 2012. Individuals that meet particular criteria, are awarded employment authorization (a/k/a an “EAD Card”) by USCIS.

USCIS does not alert employers when EAD cards have been issued to existing employees, and the employee is under no obligation to present the document to the employer. However, should they do so, the employer is obligated to examine the document. 

The Attached Fact Sheet identifies the employer’s obligations during the Form I-9 process and provides specific guidance to employers on the treatment of EADs issued by USCIS to DACA recipients, whether they be current employees who come forward on their own, or new hires.

Note that DACA guidance does not direct employers to perform E-Verify queries on current employees who present DACA work authorization.  Rather, it states that employers should complete a new Form I-9 and perform an E-Verify query in certain situations involving material changes to identity information.  More on this topic can be found in the new M-274 Handbook on pages 23-24.

Should you like to become a client of our office or have particular questions pertaining to this topic, please feel free to contact us.

The Immigration and Nationality Act (“INA”) prohibits employers from discriminating against individuals based on their citizenship or immigration status, or based on their national origin, in the Form I-9 process. It is important for employers to develop, implement and enforce anti-discrimination policies, practices and procedures, and to ensure that all employees conducting Form I-9 verification or E-Verify confirmation understand all program rules. Employers should also provide appropriate and adequate employee education on employer responsibilities and worker rights.

To prevent discrimination, employer’s should treat all people equally when

• announcing a job
• taking applications
• performing interviews
• making job offers
• verifying the individual’s authorization to work
• hiring the individual
• terminating the individual’s employment

Employers also must not retaliate against a person who             

•  files a charge of discrimination with OSC or EEOC
• participates in an investigation or prosecution of a discrimination complaint
• asserts his or her rights or the rights of another person under anti-discrimination laws

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates charges of employment discrimination related to an individual’s citizenship or immigration status or national origin.  The Equal Employment Opportunity Commission (EEOC) also investigates employment discrimination based on national origin, in addition to other protected bases. OSC investigates national origin claims against employers with four to 14 employees, and EEOC investigates national origin claims against employers with 15 or more employees. 

There has been a high level of enforcement by OSC this year concerning the anti-discrimination provision, with three more cases recently publicized in the last month:

1. OSC settled with Texas-based Infinity Group who required non-citizens present specific DHS-issued documents such as green-cards or employment authorization to establish identity and employment authorization while similarly not requesting the same of US citizens.  They were fined $53,000, had to pay $35K in back pay to those who were damaged as a result of their practices.
2. OSC settled with PA-based Huber Nurseries for engaging in citizenship discrimination by preferring to hire temporary H-2A visa holders over Permanent Residents (green-card holders).  Huber has agreed to pay $2,250 in civil penalties to the USA and $59,617 in back pay to the six injured parties, who are former refugees; and
3. OSC settled with IBM for violating the anti-discrimination provision for placing online job postings for software developers with a preference for F-1 and H-1B visa holders.  IBM has agreed to pay $44,400 in civil penalties to the USA.

So, what’s an employer to do?

Employers must accept all documents that are indicated on the List of Acceptable Documents to complete the I-9 form as long as they appear reasonably genuine on their face and relate to the employee. For example, all individuals who possess a driver’s license and unrestricted Social Security card may present those documents to satisfy Form I-9 requirements. Employers may not request or require potential employees to produce “green cards” or United States citizens who look or sound “foreign” to produce birth certificates. The employee chooses which of the acceptable Form I-9 documents to present.  Employers must assure that those charged with the responsibility of I-9 management are trained on I-9 regulations and the anti-discrimination provision of the INA – and they must not          

• Demand that an employee show specific documents
• Ask to see employment authorization documents before an individual accepts a job offer
• Refuse to accept a document, or refuse to hire an individual, because a document will expire in the future
• Refuse to accept a receipt that is acceptable for Form I-9 purposes
• Demand a specific document when reverifying that an employee is authorized to work

We recommend that you take some time and read the OSC’s Guide to Fair Employment that can be accessed here, that contains some thought provoking What would you do? scenarios that start on page 6.

Should you have questions or require particular guidance on this topic, please feel free to contact our office.

USCIS has indicated that not all SSA documents referring to the ownership of the SSA account or reflecting an application for a new card, are valid receipts for the I-9 process.  So, what constitutes a valid SSA replacement receipt?

The only receipt from SSA that is acceptable under the receipt rule is a receipt that states “This is a receipt to show you applied for a social Security Card and the application was for a lost, stolen or damaged document.”  Any other receipt would not be acceptable.  Your employee may present a receipt for the application for the replacement of any List A, List B, or List C document. The receipt is valid for 90 days. When it expires, the employee must show you the replacement document for which the receipt was given.

After the receipt expires, you should:

1) Cross out the word “receipt” and any accompanying document number

2) Record the number and other required document information from the actual document presented.

3)  Initial and date the change.

You cannot accept a receipt for the I-9 Form for an initial or renewal employment authorization, but can accept a receipt for the application for replacement of a lost, stolen or damaged employment authorization document. You cannot accept receipts if employment will last less than three days.

The Three-Day Business Rule

Q:  How does an employer that is operational over the weekend but whose HR office (which is open during regular business hours but closed on weekends) count the 3-business days for I-9 purposes?

A:  Employers are required to complete the I-9 Form within 3 business days of the employees first day of work for pay.  If the business is operational on the weekends, this counts towards the 3 day timeframe for I-9 completion.  Thus,  in order to remain in compliance for businesses that operate on the weekends, we suggest that the first day of work for pay be on a week day when the HR office representatives who are trained in I-9 procedures are available.

The question of whether “N/A” may or must be entered in non-applicable fields, or whether N/A is sometimes required and sometimes optional – is a question we’ve all been wondering about.  Here’s recent guidance on the topic . . .

If the passport number and country of issuance fields in Section 1 do not apply, the employee MUST write “N/A.”  If all else fails, follow the instructions!…In essence that’s the recent guidance – read the instructions when determining if an N/A response is required as it states when an employer or employee may use N/A or must use N/A.  Failing to provide a response in a required field may be considered a verification violattion (yes, it’s true!).

Not to belabor it, but this is another very good reason for providing the instructions to the employees when they are filling out Section 1 and deciding which documents to present in the I-9 process. It would be advisable for the employer representative to also have a copy of the instructions on their desk

The I-9 Instructions:  http://www.uscis.gov/files/form/i-9.pdf

How have you been dealing with the “N/A” requirement so far?  No judgements – let us hear from you.

Answers to questions from April 2013 by the American Immigration Lawyer’s Association (AILA) to USCIS Verification Division/Washington, DC re the new I-9 Form, its Instructions, the M-274 Handbook and the I-9 Central website have finally been answered.  We will be featuring several of the Q&A’s this week and trust that you will find this both enlightening and informative.

Today, we deal with new name change directives and guidance – Page 23 of the Employer Handbook.  In the case of a divorce, it is recommended even where there is no rehire or reverification in order that the employer’s actions are well documented if the government asks to inspect your Forms I-9.

Question:  Can USCIS Verification confirm that the only time an employer is required to record a legal name change is in connection with a rehire or reverificaton?  In addition, does USCIS intend, by its advice to take steps to be reasonably assured of the employee’s identity and the veracity of the employee’s claim of a legal name change to require female employees to produce marriage licenses or divorce decrees after a change in marital status?  To what extent has Verification discussed this change in guidance with OSC or the EEOC to ensure that it is not inconsistent with anti-discrimination provisions?

Answer: Page 24 of the Employer Handbook contains new guidance for employers dealing with a situation where a current employee comes forward with documentation of a new identity.  The Handbook states that the employer should complete a new I-9 form, list the original hire date, and provide a written explanation of the circumstances giving rise to the new I-9-.  Although we agree that completion of a new I-9 may be the best practice in certain circumstances, requiring employers to complete a new I-9 for existing employees who provide updated identity documentation appears to be at odds with the statute and regulations that require an I-9 only upon “hire.”

The legal basis for the guidance in the Handbook in certain circumstances is based on the INA that refers to the prohibition against continuing to employ an alien knowing that they are unauthorized to work.

An example of this might be presentation to the employer of a new Social Security Card reflecting a new Social Security number and new name which raises material questions as to the identity of the employee, the veracity of information on Form I-9, the genuineness of any documents presented in Section 2 that contain a Social Security number, and the relation of these documents to the person who presented them.  The employer can no longer reasonably rely on the Form I-9 to be assured that the individual is authorized to work.  In this scenario, USCIS suggests completion of a new Form I-9 to ensure the employee is eligible to continue in employment.  This is a suggestion, and not a requirement.

Our office agrees with this position and recommends filling out a new I-9 form.  Should you have any questions concerning this guidance, please contact our office at Info@immigrationcompliancegroup.com or call 562 612.3996.

This gives you a good look at what the OSC is targeting these days.

We’d also like to take the opportunity to remind you to schedule I-9 audits yearly (they don’t have to be full audits – but can be partial) so that you can see what’s buried in  your paperwork and catch it before the issues become reoccurring problems AND before ICE  knocks on your door.  Training:  Well, we can’t say enough on training.  Employers need to provide ongoing ‘refresher’ training every year.  The issues change from year to year as do the interpretations.  Lastly, review your policies and procedures in relation to compliance best practices for your business.  Make sure they are up to date, and make sure that every employee who is involved with  processing I-9 forms participates in yearly training, reads the M-274 Employer Handbook and remembers to provide to every employee a List of Acceptable Documents along with the I-9 form Instructions when they fill out the form.  So many errors can be caught at the onset just by reviewing the instructions and the List of Acceptable Documents.

Lastly, our Employer Resource Center is an excellent resource, as is our Blog and our LinkedIn Group, I-9/E-Verify: Smart Solutions for Employers.  Sign up and keep yourself informed