New DHS Guidance on Completing the Form I-9 and W4 Obligations in 2020 and Beyond

For the past few months, employers across the US have been implementing a wide variety of employee policies and procedures in response to the rapidly-spreading novel coronavirus (COVID-19). In particular, organizations are now adopting “work from home” policies which include the onboarding of newly hired employees and the completion of the Form I-9.

Now, in the wake of COVID-19, the Department of Homeland Security (DHS) recently announced they are implementing a rare Form I-9 exception for employers that are operating remotely as a result of COVID-19.

Employers with remote operations during the COVID-19 outbreak will ultimately need to decide whether to perform an in-person verification now using an authorized agent or conduct a virtual verification, followed by an in-person review later on. Also in 2020, the IRS has issued the new W4, which change the ways workers will be calculating their withholding for federal income tax purposes.

The I9 and W4 forms are payroll forms that employers MUST RECEIVE during the hiring process. Employers take a high risk not obtaining them prior to employment. The IRS and the USCIS both have specific rules on how to obtain, verify and process these forms. In some cases, penalties for I9 non-compliance can result in jail time, as well as Homeland Security, the FBI, an USCIS immigration audits. If you don’t use the new W 4 form, 2020, it could result in your company being reviewed for under or over withholding federal income tax.

Areas covered include, without limitation:

• Know who has to give you the new W 4 form, 2020, vs the old one
  
• Eventually get a new W4 from all workers
• Input the new information into your payroll system
• Describe the new requirements of the new I-9 form, 2020, vs the old one
• Explain why the new requirements are important to both workers and employers
• Verify the information with the appropriate agencies
• Respond to I9 form related inquiries and notices from the IRS and USCIS
• Make decisions about workers who don’t submit the I9 or W4
• How to handle confidential information

Information covered in the presentation:

• We will take the I9 and W4 line by line, to make clear what information is necessary for your company to collect
  
• We will discuss what to do with both forms when you receive them
• For the I9 verification, we will discuss what to do if the information DOES NOT MATCH the information the IRS has on your worker
• For the W4, we will discuss how the employees will be calculating the withholdings, and what it means for your payroll department
• We will discuss all issues with both forms, what problems to anticipate and how to deal with them

Who Will Benefit:

• All Employers
  
• Business Owners
• Company Leadership
• Compliance professionals
• Payroll Administrators
• HR Professionals
• Managers/Supervisors
• Employers in all industries
• Small Business Owners
• Large Business Owners
• Company Leadership