by E-Verify is a system based on Internet system that is operated by the Department of Homeland Security (DHS) in partnership and with the Social Security Administration (SSA) which allows in the participation of employers for electronic verification the employment eligibility of newly hired employees.
E-Verification works on the basis that is by allowing participating employers to electronically compare employee information and that is taken from the I-9 Form against more than 455 million records and in SSA’s database and more than 80 million records that are in DHS’ immigration databases. Results that are returned within seconds. If the information matches and that employee is eligible to work in the United States. If there’s any mismatch, E-Verify will alert the employer and the employee that will be allowed to work and while he or she resolves the problem.
Is E-Verify to Replace Form I-9?
No. E-Verify does not replace the legal requirement of the completion and retains Form I-9 and the Employment Eligibility Verification. E-Verify confirms the employment authorization and of new hires that are based on the information provided on the Form I-9. Form I-9s that must be retained and must be stored in either paper, any electronic, or any microfilm or microfiche format for any of auditing purposes.
Who is Required to Participate?
E-Verify is a thing that is mandatory for all federal contractors and for all subcontractors. Some state and some city governments that have E-Verify mandates for the government agencies or the contractors.
Why there is need for Non-Mandated Companies to Consider the Participating in E-Verify?
E-Verify is the best means that are available for determination of the employment eligibility and of new hiring and that of validity of their Social Security Numbers. E-Verify virtually eliminate Social Security mismatch and letters and that to improve the accuracy of wages and that of tax reporting which protects the jobs for authorized U.S. workers and that ensures the U.S. employers to maintain workforce that is legally compliant.
What is the Required Timeframe for Conducting an Employment Eligibility Check on a Newly Hired Employee?
The earliest the employer may initiate a query that is after an individual accepts an offer of employment and after the employee and employer complete the Form I-9. The employer must initiate the query no later than three business days after the new hire’s actual start date.
An employer may initiate the query that is before a new hire’s actual start date; however, it may not be pre-screen applicants and that may not delay the training or an actual start date that based upon a tentative non-confirmation or a delay that is in the receipt of a confirmation of employment authorization. An employee should not face any of the adverse employment consequences that is based upon an employer’s use of E-Verify unless a query that and results in a final non-confirmation. In addition, an employer that cannot be used as an employment authorization and response to speed up an employee’s start date.
What is a Form I-9?
Form I-9 helps employers to verify those individuals who are authorized to work in the United States. All employees hired after November 6, 1986 are required to complete a Form that is I-9. This includes all citizens and all noncitizens. In the form, the employer must examine all the employment eligibility criterias and the identity document(s) an employee presents to determine all that whether the document(s) are reasonably appear to be genuine and to relate to the individual and to record the document and information on the Form I-9.
In the News…
In 2012, the U.S. Immigration and Customs Enforcement (ICE) that issued 3,004 audits for compliance. Of those audits, 238 employers those were arrested and there were total of $13,000,000 in Final Order Fines. With the recent influx of all Notices of Inspections (NOIs),all companies across the nation that may left wondering… “Who’s Next?” From I-9 basic requirements of storage & NOIs, this paper that will offer the best practices for the prevention of Form I-9 violations as well as tips on all compliance. Businesses and all nationwide that as an initiative to let enforce employment and that of the immigration.
How and where can I-9’s be stored?
Employers must have all the completed Forms I-9 for 3 years after the date when they hire an employee, or 1 year after the date employment is terminated (whichever is later). The forms storage that can be done in 4 possible ways: Paper, Microfilm, Microfiche, or Electronically. Whichever the method you choose, always remember that all the Forms I-9 must that would be readily accessible all within 3 days of an inspection request.
Paper Retention
If your company chooses the case to retain the forms in paper format then you may retain all the completed forms onsite or at an off-site storage facility.
Microform Retention(Microfilm or Microfiche)
Forms I-9 may be retained easily on microfilm or microfiche. When choosing these forms of retention it becomes very important to abide by very few best practices.
- Select that film stock which is capable of preserving that image that for the entire retention period and that which could be upwards of 20 years.
- Use well-maintained and equipment to provide clear all viewings as well as the capable reproducing all legible paper copies
Electronic Retention
An electronic storage system that must include the following all in order to retain I-9s:
- Reasonable controls that to ensure the integrity, the accuracy, and the reliability of the electronic storage system
- Reasonable controls that is designed to prevent and to detect the unauthorized or an accidental creation of, addition to, alteration of, deletion of, or deterioration of an electronic completed or any stored Form I-9, that includs the electronic signature, if that is used.
- An inspection that is the quality assurance program which is regularly here to evaluate the electronic generation or any storage system,that includes periodic checks and of electronically stored Forms I-9, including all the electronic signature, if used.
- A retrieval system which includes an indexing system that permits any searches by any data element.
- The ability that is to reproduce any legible paper copies.
Additionally, there are several best practices that is to consider when retaining Forms I-9 electronically:
- All and all electronic Forms I-9 that should be kept private. Ensure that only and only authorized HR professionals that have to access to all these records.
- Backup all the electronic copies that to protect against information loss. If you’re using any HR software, check if there is your service provider offers this feature.
- Establish a pipeline and try to track all Form I-9 actions. From creation to views & updates, here a permanent record of all information should be there concerning access to the forms.
What are Some Ways to Prevent I-9 Violations?
Employers that can avoid all I-9 violations by following a very few best practices6:
- Designatea trained HR leader that is within your company for the centralization of the Form I-9 process
2. Conductany annual self-audits that is with aid from any of your legal counsel or by an external auditing firm
3. Create a line of succession that is for the HR professionals in charge of I-9’s to ensure that if an NOI is issued the forms which can be accessed quickly and very efficiently.
4. Ensure all that all HR professionals that are trained on Form I-9 compliance as well as that is updated on all new laws or any processes.
5. You can Establish an efficient pipeline that is between HR and legal counsel in the case of any audit.
What Happens if I Receive a NOI?
DHS, OSC, and DOL give employers 3 days’ notice prior of inspection that is retained Forms I-9. The employer must make Forms I-9 available on request at the location where DHS, OSC, or DOL requests to see them.
If you store Forms I-9 at an off-site location:
- Inform all the inspecting officers of the location where you can store them easily and make all the arrangements for the inspection. The inspecting officers who can perform an inspection in an office of any authorized agency of the United States if previous arrangements that are made earlier.
- If you refuse or delay in the inspection, you will be in a violation of DHS retention.
What is the Need at the Time of Inspection?
If your company does receive an NOI, it’s become very important to know what exactly you need as well as your rights:
- Retrieve and reproduce only the Forms I-9 and all the supporting documentation requested by the inspecting officer
- Provide the inspecting officer with all appropriate hardware and software, personnel, and every document necessary to locate, retrieve, read, and reproduce any electronically stored Forms I-9, any supporting documents, and their all associated audit trials, all reports, and any other data that is used to maintain the proper authenticity, integrity, and the proper reliability of the records.
- Provide the inspecting officer, if requested, any available or obtainable electronic summary files such as spreadsheets, containing all of the information on all of the electronically stored Forms I-9.
What are the Penalties of Non-Compliance?
Failing in properly maintenance Forms I-9 can that can result in fines anywhere from $100 to $10,000 as per violation as well as forfeiture of the company’s all assets.
