Do you know the recent updates about Form I-9 compliance? As per DHS’ announcement on 25 July 2023, employers need to meet four criteria for choosing an alternative procedure for Form I-9 documentation. It includes employers who have remotely examined an employee document between 20th March 2020 to 31st July 2023.
Employers must have enrolled to E-verify while completing Form I-9 and are still enrolled in it. Lastly, the employer should have created a case for that employee in the E-verification process to qualify for the alternative process. If an employer fails to meet these criteria, he/she needs to go through in-person physical documentation by 30th August 2023.
Staying compliant with Form I-9 is essential to keep your company lawfully protected. Keep reading to know the strategies to follow the same!
Top 6 Strategies to Stay Compliant with the New I-9 Verification Process
Employers need to maintain Form I-9 to ensure they hire employees who are legally allowed to work in the USA. There are many ways a responsible employer can maintain compliance with the new I-9 verification process.
However, here are top 6 strategies to comply with the I-9 form:
Introduce E-verification and Automatic Operations
The manual audit process is time-consuming and may be prone to errors which can affect the ICE inspections. So, employers can introduce automated solutions and E-verification processes to conduct seamless operations and relieve the work of HR department. This process automatically determines the document’s authenticity and makes the employment procedure seamless. Employers practicing the E-verification process should not hire unauthorized workers without consent.
Go through the Employer’s Handbook (M-274) Thoroughly
Employers may find I-9 a bit confusing in many aspects. Thus, USCIS published the M-274 handbook to help employers understand the purpose of 1-9 perfectly. You should go through this handbook thoroughly to find out most of your answers regarding the I-9 compliances.
Keep the I-9 Forms Safely
The information included in I-9 forms is sensitive enough and should not be revealed while auditing or any other documentation. So, try to keep these forms separate from other official files. You can store it in a different file apart from other personnel files.
Do not Continue Discriminatory Employment Practices
Many employers conduct certain discriminatory practices like asking for a work authorization document even before hiring a non-American citizen employee. As per the I-9 form, every employee irrespective of their citizenship, national origin, immigration status, or native language should have equal employment rights.
Routine Internal Audits are Necessary
You can perform a regular audit yourself to find errors and correct them effectively to comply with I-9. You should keep a record of all the corrections made, date them, and store them properly with the original forms. It will also increase your credibility, saving you from paying hefty penalties during government audits. Though the procedure may be hectic, it can help you in the long run.
Keep Track of Sec-3 Reverifications
As per section 3 of the I-9 form, you need to conduct employment re-verification while rehiring or reporting a legal name change. So, you need to track the work authorization document expiry date. It helps ensure the reverification is done before the work authorization expiry. Moreover, a responsible employer should inform the employees about the expiration at least 6 months before the date. This is because you cannot continue the employment after expiration until reverifying or updating the form I-9 for the employees. So, to comply with the I-9 form, you must complete, date, and sign section 3 before the existing work authorization document expires.
Final Words
You can follow the mentioned strategies to comply with the I-9 Form and run your company as per Federal law. However, if you are in doubt regarding the rules and regulations of I-9, it is advisable to get in touch with an expert. You can contact us in such a scenario for a sorted suggestion. Moreover, you can read our previous blogs for a clear idea about related topics.
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