November 2010 Form I-9 & E-Verify Seminar

November 19, 2010 § Leave a comment

Thank you to those who attended GoffWilson’s I-9 workshop at the Northeast Delta Dental Auditorium! This November’s participants, made up primarily of HR professionals, had the opportunity to complete many I-9 forms using a variety of common and not-so-common documents. The workshop provided extensive instruction on each of the three sections of the form as well as discussions on I-9 policies, including photocopying supporting documents, storage, tickler reminder systems, and purging I-9 forms that are beyond the statutory requirement. Attorneys John Wilson and Grace Miller also provided an introduction to E-Verify to those not familiar with the program, reasons employers would be required to enroll in E-Verify, the legal obligations involved in enrolling, and the considerations that employers’ should have before enrolling in the government offered program.

Participants left the seminar with an excellent understanding of the I-9 form, the underlying policies of the I-9 form, and the liabilities associated with the form. Participants who needed PHR/SPHR certification received 3 hours of HRCI credit. In addition to breakfast, participants were given valuable reference material, their I-9 workbook, resource guide and retention worksheet as well as the knowledge and confidence to correctly complete the I-9 form. Northeast Delta Dental generously gave participants a take home gift of toothbrushes, toothpaste and floss.

Thank you again to all of the participants and Northeast Delta Dental for supplying the venue and atmosphere conducive for learning.

Last Chance To Register!

November 12, 2010 § Leave a comment

It is your last chance to register for “Form I-9 & E-Verify: What You Need To Know 2010”. Registration will close on Monday, November 15th with the seminar taking place in Concord, NH on Thursday, November 18th.

Top 5 Reason To Attend:

  1. I-9 Compliance is Paramount – learn the ins & outs of the I-9 Form – significant penalties are placed on employers who do not ensure I-9’s are completed accurately on all employees
  2. Practice Makes Perfect – you will practice filling out I-9 Forms with numerous types of identification documents (Green Card, Foreign Passport, I-94 Card, etc.) while GoffWilson attorneys walk you through step-by-step
  3. The 2010 I-9 Workbook – the workbook cannot be purchased in stores or online (people ask all the time!) – the only place to obtain this valuable reference is the GoffWilson seminar
  4. HRCI Credit – You will receive 3 hours of credit from the Human Resource Certification Institute
  5. A Delicious Breakfast – need we say more?

Visit the Seminar Webpage for more information and registration.

Reverifying the I-9 Form is confusing to many people.  The rules surrounding this process are explained by the GoffWilson I-9 Team. 

November 9, 2010 § Leave a comment

The I-9 Reverification Process, confusing to many, is explained by the GoffWilson I-9 Team.

Reverifying the I-9 Form is required of the Employer in one of the following circumstances:

1.  When the employee indicates in the attestation box in Section 1 that their employment authorization will expire;

2.  When the employee presents a document that satisfies the requirements for Section 2, but the document indicates that the employee has limited employment authorization; or

3.  When the employee presents a receipt for an original document.  (Please note that “receipt” is a term of art and the employer may only accept a receipt for an original document in very specific circumstances.)

    To re-verify the employee, a new I-9 must be completed.  There are numerous restrictions on Section 3 and since employers always have the right to complete a new I-9 instead of using Section 3, we typically advise employers to fill-out a new I-9 and keep the employee’s I-9 forms together.  Please note that you should not re-verify identity (list B) documents when they expire.

    It is also advisable to develop a tickler system that would notify you 150 days prior to the expiration of the employee’s work authorization.  It is important to send a written reminder of the approaching expiration date to the employee. Employers should keep a copy of the notification with the employee’s I-9 form and supporting documentation.  The reminder system should also notify you on the day the employee’s authorization expires, as you cannot continue to employ a person who does not have employment authorization.

    M-274 Handbook for Employers is a helpful resource for questions regarding reverification. There is a link to the M-274, I-9 Handbook for Employers, on the left hand side of the Immigration bLAWg. In addition, Attorney Wilson gives an informative overview of the I-9 Reverification Process during Form I-9 & E-Verify seminars. For answers to specific questions, please contact GoffWilson.

    Issuing Authority – Itʼs An Issue

    November 2, 2010 § 6 Comments

    Issuing Authorities vary, even among the same types of documents.

    When completing section II of the I-9 Form, the employer must record the proper “issuing authority” of the document(s) provided by the employee. The issuing authority varies, even among the same types of documents. Here is a quick reference for common documents:

    U.S. Passport
    The M-274 Employer Handbook indicates that passports are issued by the US Department of State; however, certain passports list a specific agency, such as Chicago Passport Agency. When the specific agency is listed record the agency as shown in the Passport, as this is more specific.

    Social Security Cards
    Although many Social Security Cards say ”Department of Health and Human Services” on the front, the correct issuing agency for all Social Security Cards is the Social Security Administration.

    Permanent Resident Cards
    Some permanent resident cards have “US Department of Justice, Immigration and Naturalization Service” as the issuing authority, while others say “US Department of Homeland Security”. The correct issuing authority for permanent resident cards depends on the edition of the card. When Department of Homeland Security (DHS) was created in 2003, it assumed the functions of the Immigration and Naturalization Service (INS) and the INS was dissolved. Therefore the newest version of permanent resident card (issued in 2004) shows DHS as the issuing authority. Both Department of Justice/INS and DHS are correct issuing authorities; however, record the agency as shown on the permanent resident card.

    For questions regarding the issuing authority of other documents, please contact GoffWilson. In addition, the upcoming seminar, “Form I-9 & E-Verify: What You Need To Know 2010,” is a great resource for developing a deeper understand and overcoming challenges pertaining to the I-9 Form.

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