SHRM Webcast F.A.Q.s: Questions 29-37

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.

 

 

31.  Q.  What if an individual doesn’t have a middle initial or an apartment number?  Is it okay to leave those sections blank?

A.  Since some people do not have middle initials or apartment numbers, it is okay to leave these spaces blank.  It is the employer’s responsibility to ensure that Section 1 is completed.  Employers are also not required to fill in the maiden name in Section 1 and Social Security Number is only required if the employer has enrolled in E-Verify. 

 

32.  Q.  What if we re-verified an employee’s work authorization after it expired?  Should I attach a memo to the I-9 documenting this?

A.  This is a substantive error and cannot be fixed.  Attach documentation to the I-9 Form stating that the error has been recognized, and appropriate measures have been taken to ensure that employees are now re-verified in a timely manner.

 

33.  Q.  If the I-9 Form is not completed in a timely manner, should I attach a memo explaining that we have noted the error?

A.  This is a substantive error and cannot be fixed.  Attach documentation to the I-9 stating that the error has been recognized, and appropriate measures have been taken to ensure that employees’ I-9 Forms are now completed in a timely manner.

 

34.  Q.  Is it true that only companies with government contracts are required to participate in E-Verify?

A.  Any employer can voluntarily enroll in E-Verify.  Some companies have been required to sign up as a consequence of breaking immigration laws, or because state law requires it.  However, for most employers, enrollment is voluntary.   As of June 30, 2009, the Federal Government will start inserting language into contracts requiring the use of E-Verify.  If an employer has a qualifying Federal Contract that contains this language they will be required to enroll in E-Verify.  Please note that enrolling in E-verify does not protect a company from worksite enforcement actions.

 

35.  Q.  I work for a Nursing Home; do we need to E-Verify?

A.  Your company does not need to enroll in E-Verify until it is specifically awarded a contract that requires you to do so.  If you are already enrolled, you must run every new employee through E-Verify.  Enrollment can be cancelled.  If your company has qualifying a Federal Contract it will be necessary to enroll in E-Verify once the E-Verify clause has been added to your contract(s).  

  

36. Q. My company is a Federal Contractor.  Our existing employees have Secret or Top Secret clearance.  If and when the E-Verify clause gets added to our Federal Contracts, do I have to run these people through the system?  If we hire new employees with secret or top secret clearance will I have to run them through E-Verify?

A.  Employees, “who have been granted and hold an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual do not need to be verified.” (See the E-Verify website.) 

 

37. Q. We have employees in 5 different states and have offices in 3 different states.  I currently run all new employees through E-Verify; should I continue to do this?

A.  Employers can choose which business sites to enroll in the E-Verify, however, once a site has signed the Memorandum of Understanding all new hires at that site must be E-Verified.  The Notice for Illinois Employers can be found here.

 

Please contact our firm if you have any further compliance questions, or if you feel that your company has violated any I-9 Form or E-Verify regulations.