Hand cramps be gone! On April 3, 2009 “SSA” is okay!
March 23rd, 2009 § 1 Comment
In what we’re sure will be welcome news, the newly-released Handbook for Employers (M-274) includes a note allowing employers to use abbreviations in Section 2 of the I-9 form. The new version of the Handbook (available on our bLAWg) is scheduled to go into effect on April 3, 2009, the same day the new form goes into effect. The Handbook states, “You may use abbreviations for commonly used documents, e.g. DL for driver’s license and SS for Social Security.” This addition to the Handbook should make completing I-9s a bit faster, but make sure you still take the time to fill the form out carefully, completely and correctly. If you want to write everything out, this is still acceptable. GoffWilson will be sure to keep you apprised of any additional guidance released regarding these changes.
A New Handbook for Employers (M-274) Emerges from USCIS
March 19th, 2009 § Leave a Comment
The new cover for the updated version of the Handbook for Employers (M-274)
In preparation for the April 3, 2009 release of the updated I-9 form, U.S. Citizenship & Immigration Services (USCIS) released an updated version of the Handbook for Employers (M-274). The handbook is to be used in conjunction with the updated I-9 form and should not be used until April 3, 2009. The Handbook is an expanded version of the short I-9 form instructions and is a very good resource for employers. The handbook was last updated in November 2007. The 2009 edition is longer and in color. While the 2007 version was 47 pages long, this new edition contains 65 pages, the increased length due in part to added sections for E-Verify and the addition of many sample documents. The latest edition of the M-274 is always available on the bLAWG under the Blogroll (to the left of this post). We encourage employers to review it and to check back to the GoffWilson bLAWg for our commentary about this new edition and the impact it will have on employers’ responsibilities.
PART III: Questions & Answers from Attorney Wilson’s SHRM Webcast, “You Can’t Afford to Wait: Filling out the I-9”
March 16th, 2009 § Leave a Comment
On February 19, 2009, Attorney John Wilson hosted a webinar for the Society for Human Resource Management (SHRM), “You Can’t Afford to Wait: Filling out the I-9,” and discussed the upcoming changes to the I-9 form and the E-Verify requirement. Our firm received hundreds of questions and we posted PART I on 3.2.09, and the PART II last week. We appreciate the positive feedback have received in response to these postings. This week, we’d like to share ten more excellent, reoccurring questions. We believe that everyone can benefit from reviewing all of the questions and our responses. Check back soon for more questions.
38. Q. We are a government contractor but we also sub-contract. Are we responsible for our subcontractor’s I-9 compliance? Do they need to E-Verify as well?
A. You are not responsible for your subcontractor’s I-9 compliance. However, you may be liable if you know or have reason to know that the subcontractors are employing undocumented workers. You must have more than mere suspicion though. The subcontractors’ relationships with your company may require them to use E-Verify if they qualify as a subcontractor. The subcontractors are only required to use E-Verify if you (the federal contractor) contract directly with the government and have a qualifying federal contract, which contains the E-Verify clause.
39. Q. You mentioned [during the SHRM Webcast] that there are 2 types of I-9 errors, substantive, which cannot be corrected, and procedural, which can be corrected. Can you please explain the difference between the two?
A. There are two types of I-9 errors: technical/procedural errors and substantive errors. Technical/procedural errors can be corrected. An example of a Technical/Procedural error is forgetting to record a document title. If a copy of the supporting documentation has been kept, this is correctable without contacting the employee. The fines for these errors are more discretionary. A substantive error cannot be corrected, and if audited, your company will likely face a fine for these errors if the statute of limitations has not run. An example of a substantive error is not signing Section 2. If audited, your company will be fined for this.
PART II: Questions & Answers from Attorney Wilson’s SHRM Webcast, “You Can’t Afford to Wait: Filling out the I-9”
March 11th, 2009 § 1 Comment
On February 19, 2009, Attorney John Wilson hosted a webinar for the Society for Human Resource Management (SHRM), “You Can’t Afford to Wait: Filling out the I-9,” and discussed the upcoming changes to the I-9 form and the E-Verify requirement. Our firm received hundreds of questions and we posted the first bunch last week. This week, we’d like to share ten more excellent, reoccurring questions. We believe that everyone can benefit from reviewing all of the questions and our responses. As questions and answers are posted, we’ll be updating the SHRM Webcast Questions page on the bLAWg. You can read the content as it comes out through the posts, or bookmark the SHRM Webcast Question page and read them all at once. Check back soon for more questions.
29. Q. I noticed on the 2/2/09 I-9 Form, as well as the 6/5/07, I-9 Form it says, “Expires 6/30/09,” at the top. What does this mean? Can we still use the Form after these dates?
A. 6/30/09 is the date the form expires. Typically, we expect the USCIS to extend the date of validity of the form. We anticipate the form will be updated prior to the expiration date. However, in the past, U.S. Citizenship & Immigration Services has not updated the expiration date, leading to some confusion. The version of the form you should be using can always be found on the USCIS website and our bLAWg under the Blogroll.
30. Q. Can I use abbreviations on the form? Is there any part of the form I can fill out in advance?
A. We believe it is best practice to record information on the I-9 as completely as possible. Please write out full titles, for example, “Driver’s License,” “Social Security Card,” etc. State names may be abbreviated using their correct 2-letter abbreviation. The word, “Department,” may be abbreviated “Dept.,” and United States may be abbreviated, “U.S.” The employer completing the form may also abbreviate their title, if it is quite obvious. The employer information in Section 2 can be completed in advance. We have worked with companies who use an address stamp for this. The signature and date of Section 2 must be entered by hand.
PART I Questions & Answers from Attorney Wilson’s SHRM Webcast, “You Can’t Afford to Wait: Filling out the I-9”
March 2nd, 2009 § 2 Comments
1. Q. Are current employees who were hired prior to November 6, required to have I-9 form on file?
A: No. Employees who were hired before November 6, 1986 and have been continuously employed do not need Form I-9 on file.
2. Q: Do all current employees hired after 11/6/86 require to an I-9 form on file?
A: Yes.
3. Q: Are unpaid interns, contractors and employees on unpaid long term leave required to complete the I-9 form?
A: Unpaid interns and contractors are not required to complete an I-9 form. If an employee goes on an extended leave but remains on the payroll, he or she does not have to complete a new I-9 form upon returning to work. However if the employment is terminated and the employee is re-hired at a later time, a new I-9 form must be completed.
