If you haven’t noticed the expiration date on your latest I-9 forms, you’ve probably spared yourself some panic. The current version, as issued by the Department of Homeland Security (DHS), was marked to expire on August 31, 2019. And now that it has, many employers are concerned about misfiling or accruing penalty fees for using outdated forms. Especially in light of recent widespread ICE visits.
The good news is, you’re still using the right form. The DHS has directed businesses to continue using the current version (despite the expiration date) until a new version becomes available. That being said, you can expect some revisions on the updated form.
Violations of Form I-9
It’s common knowledge that knowingly hiring or continuing to employ an individual who is unauthorized to work in the U.S. violates the Immigration Reform and Control Act (IRCA) and Form I-9 regulations. However, these actions constitute noncompliance as well:
- Failing to comply with I-9 verification or notify the Department of Homeland Security of a Final Nonconfirmation (FNC)
- Committing document fraud or manipulation to satisfy a requirement of the verification process
- Unlawfully discriminating against an employment-authorized individual
- Hiring, recruiting, or referring unauthorized workers
Consequences range from civil fines and court orders to debarment from government contracts and possible criminal culpability. Not to mention the difficulties it can create within your workforce! Given how imperative correct I-9 verification is, getting a head start on the upcoming form changes can help ensure a smooth transition. Here are the three primary revisions you can expect moving forward.
Revisions to Expect in Upcoming I-9 Forms
Revision 1: This revision dictates that employers may designate anyone to be an authorized representative to complete Section 2 of the form. The employee, however, remains liable for any violations committed by the designated person. For employers working with a distributed workforce, it can be difficult to complete I-9s for remotely-hired workers. Once this revision is enacted, employees will be able to work directly with an authorized representative on site in order to bypass previous complications.
Revision 2: Writing "N/A," or “not applicable” in the identity-document column is no longer necessary. When entering document information in the List A column (or, alternatively, in the List B and List C columns), you can leave the non-applicable columns blank. The reason: the need to enter 'N/A' in specific portions of the form is often unclear to employees. With this new revision, it will no longer be an issue.
Revision 3: The form's List C documents that establish employment authorization will no longer include a worker's Employment Authorization Document (EAD). The List C documents will include a Social Security card and birth certificate, while the EAD (Form I-766) providing temporary authorization will be in a List A document. Be sure to explain these changes to all relevant parties upon requesting the form.
Are you still relying on manual HR processes? If you are, you’re creating unnecessary liability and burden for your business. With EPAY’s Human Capital Management (HCM) Solution, you’re guaranteed to have all the forms you need, including Form I-9, automatically updated and available on demand. We understand how difficult it can be to keep up with deadlines, revisions, and ever-changing federal guidelines. Our system was built to solve these problems directly.
With EPAY's full HCM, you and your employees also gain access to EPAY's HR Consulting Services, educational HR projects, and online training sessions. Watch out I-9 Compliance webinar, hosted by Anna Pajor, SPHR. You'll learn strategies for simplifying I-9 completion for your hourly, distributed workforce, correcting I-9s, and responding in case of an I-9 audit.
Want to know what our solution can do for you? Check out our two-minute tour today!