I-9 and E-Verify News

Many employers are concerned about the “expired” Form I-9, Employment Eligibility Verification.  The most current I-9 was revised 2/2/2009 and has an expiration date of 6/30/09. On June 26, 2009, the Department of Homeland Security  issued a statement that this “expired” form will continue to be valid beyond June 30, 2009, until such time a new form is released. 

Congress has agreed to fund E-Verify and has approved language to be added to FAR (Federal Acquisition Requirements) to require the use of E-Verify by federal contractors beginning Sept 8, 2009.  Many more cities, states, and municipalities are considering E-Verify for contractors.   Currently 12 states require the use of E-Verify. The state of Utah is the most recent addition to states with additional requirements concerning employment verification procedures.  The city of Lake Forest, CA is considering E-Verify. 

Employers need to stay informed and current concerning I-9 compliance and E-Verify. 

Federal Contractors Must Use E-Verify Sept 8, 2009

Well, we’ve known it would happen. President Bush signed  Executive Order 12989, on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees by using E-Verify.   The final rule has been delayed several times while it has been challenged in court and reviewed by the current administration.  After a careful review, the Administration will push ahead with full implementation of the rule, which will apply to federal solicitations and contract awards Government-wide starting on September 8, 2009. 

Federal contractors and subcontractors will be required to begin using the E-Verify system starting September 8, 2009, to verify their employees’ eligibility to legally work in the United States.   The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation (FAR) to reflect this change.

Federal contracts awarded and solicitations issued after September 8, 2009 will include a clause committing government contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction. Contracts exempt from this rule include those that are for less than $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States.

 E-Verify is the web-based system that allows an employer to use the information obtained on the Form I-9, Employment Eligibility Verification, to electronically verify an employees work eligibility within a few seconds by comparing the information from the I-9to the records in the databases of the Department of Homeland Security and the Social Security Administration.  Currently, using E-Verify is voluntary for all U.S. employers.  However, the federal contractor rule extends use of the E-Verify system to most federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.   This new rule requires federal contractors to agree to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and unlike voluntary use of E-Verify which expressly forbids employers from using E-Verify for their current employees, this rule will require federal contractors to confirm the employment eligibility of their current employees who perform contract services for the federal government within the United States.

E-Verify – What you need to know

E-Verify is an Internet-based system that allows employers to confirm the legal working status of every new hire using the information obtained on the Form I-9.  E-Verify can match an employer’s new hire’ s Social Security Number and other Form I-9 information and return a confirmation of work authorization within seconds.  Most initial verification results are returned within 3 to 5 second.

What Happens During an ICE Worksite Inspection?

What is ICE looking for when they audit your I-9 forms?

When you receive a Notice of Inspection, what should you expect?   Most likely ICE will request your company produce the following within 3 days of receipt of a Notice of Inspection:

• A spreadsheet listing alphabetically all current and terminated employees with hire and termination dates in electronic form including the names, Social Security numbers and dates of birth of each employee.
• Copies of quarterly wage and hour reports and/or payroll data for all employees—current and terminated—covering the period of inspection, as well as quarterly tax statements.
• Business information, including the EIN, taxpayer identification number, owner’s Social Security number, owner’s contact information, articles of incorporation (if applicable) and copies of business licenses.
• Original Forms I-9s for current and past employees going back 3 years.
• Copies of Social Security no-match letters your company has received.
• A copy of any I-9 compliance plan or policy.
• The name, title and job description of those who are responsible to complete, store and maintain I-9s.
• The date the business was established, form of the business, where it is incorporated and its revenue.
• The department or job titles of employees.
• Quarterly unemployment insurance reports with the state or quarterly returns for Federal Income Contributions Act taxes.

My experience has been that many I-9 forms are incomplete or riddled with errors because there is no one person within company who “owns” this process.  Since non-compliance with this law can result in major fines, penalties, sanctions and in some cases imprisonment, great care should be taken while completing the  Form I-9.

Here’s my advice - Adopt, appoint and train one person within your company to manage the I-9 process.  Draft a Form I-9 compliance policy that incorporates best practices that make sense for your company.  Conduct annual I-9 audits in cooperation with an expert to identify problems and fix them before ICE comes knocking.

You may have a lot of work to do but it could save your business from large fines and penalties.

Procrastinating E-Verify & I-9 Compliance – Can be Painful

PROCRASTINATION!!  UGH……  Who invented that anyway!  Why is it so easy for so many of us to procrastinate so many things in our life?  Why do we put certain things off while other things are done with a pro-active approach?

I must admit I HATE going to the dentist.  From a very young age I’ve basically had nothing but painful, bad experiences at the dentist.  Also, because apparently insurance companies don’t  think you need your teeth (or your eyes either) I have rarely had insurance that covers dental work.  So I kind of have that double whammy working for me, 1) I hate it and 2) it’s expensive and not cover by insurance,  so it is really easy to talk myself out of going.

At some point it stopped being about potential pain and expense and started being about embarrassment!  I started to feel like the dentist was going to judge me because I hadn’t done what I was supposed to do.  I had not been to the dentist in several years, then several years turned into 5 years, then to 8! 

I know better than that…I intellectually understand that it is important to take care of my teeth but the fear of pain, the anticipation of expense, and the overall embarrassment of having to look a professional in the eye and admit that I had not had my teeth cleaned in over 8 years was overwhelming!  At some point I was finally able to convince myself that taking care of my health trumped all of these other things and I MUST GO TO THE DENTIST!

I was in a full body sweat by the time I got to the dentist’s office.  The staff didn’t even seem to flinch when I turned in my paperwork that clearly stated, right there on the intake form, that I couldn’t actually remember the last time I had seen a dentist or had my teeth cleaned. The hygienist who took my x-rays didn’t recoil in horror when she asked me to open wide.  The dentist treated me cordially and with respect when he told me that things didn’t look all that great but he had a plan to help get me back to a healthy mouth.

It occurs to me that it’s not all that uncommon for people to feel embarrassed about things they have put off, or don’t fully understand.  Make a committment today to stop procrastinating all of those things that you know you should do but just never get around to.  It may be less painful than you think.

If you are procrastinating developing a plan for I-9 compliance, using E-verify, or conducting a Form I-9 review, contact www.I-9okay.com and get started today.