So far in this series of tips to avoid common I-9 mistakes, we’ve talked about the timeframe for completing the Form I-9, how long employers should retain I-9 records and when the reverification process should be performed. Next, we’re turning our attention to a topic that is equally as important: discrimination.

Tip #4: Understand the rules regarding employment discrimination.

The I-9 compliance process can be complicated, and it’s important to understand the rules in order to avoid costly fines and to maintain compliance. While it is important to follow the appropriate procedures and to verify employees, many employers make the mistake of being overly cautious to the point of discrimination. It’s important to remember that it is illegal to discriminate against any applicant based on their national origin, race, color, religion, age, sex, disability or genetic information.

An example of employment discrimination may be an employer who chooses to hire only American citizens. Unless U.S. citizenship is required for a specific position by law, regulation, executive order or federal, state or local government contract, jobs must not be limited only to U.S. Citizens.

Also, keeping copies of an employee’s documentation (showing that they are an alien authorized to work in the United States) can be a violation of anti-discrimination laws—unless you maintain the same documentation for all employees. Singling out any one person qualifies as discrimination.

There’s one more blog post coming up in this series, but if you’d like a handy resource including all five tips, feel free to download our complimentary guide today.

Now, we’d like to know: Do you feel that the regulations regarding employment discrimination are easy to understand?

Third in our series of tips to avoid common I-9 mistakes is some helpful advice about the reverification process. A lot of employers aren’t exactly sure when reverification must be completed, or which employees must be reverified.

Tip #3: Create a Reverification System.

It’s a good idea to establish a system that will remind you to reverify employees whose work authorizations are expiring—this must be done before the expiration date in order to maintain I-9 compliance.

An easy way to do this is to set up a tickler system that is organized by month. Sorting your employee records in this way can help you to stay on top of reverifications and to maintain compliance.

Remember, U.S. citizens and noncitizen nationals don’t ever need reverification. If an employee does require reverification, it must be completed no later than the date that the employee’s employment authorization (or employment authorization document) expires, whichever is sooner.

We’ve got two more blog posts coming up that will highlight common I-9 mistakes, but if you’d like to read all 5 tips now, you can download our free guide.

We’d like your feedback: What kind of system do you use to remind you about the reverification process?

We’re continuing our series about common I-9 mistakes with a tip that focuses on record-keeping—specifically, how long employee I=9 forms should be retained. Managing employee documentation and I-9 forms is an important part of the compliance process, but many employers are confused about how long they should retain employee records and if it’s acceptable to discard records after an employee no longer works for the company.

Tip #2: Retain your I-9 records.

So how long are you required to maintain an employee’s I-9 form? The answer is: you must maintain an employee’s I-9 form either 3 years after the date of hire or one year after the date that employment is terminated—whichever is later.

It sounds simple enough, but failing to maintain records in this way can be a serious violation. According to the U.S. Citizenship and Immigration Services Handbook for Employers:

“If an employer’s action or inaction result in the alteration, loss, or erasure of electronic records, and the employer knew, or reasonably should have known, that the action or inaction could have that effect, the employers is in violation of section 274A(b)(3) of the INA (8 CFR Part 274a.2(g)(2)).”

Many employers simply opt to maintain all employee records on a permanent basis—that approach will work too, but it’s not a practical solution for everyone. Just make it a rule to follow the regulations put forward by the government in order to maintain compliance.

If you don’t want to wait for our next blog posts and would like to read all five of our helpful tips to avoid common I-9 mistakes, feel free to download our complimentary guide now!

We’re curious: Do you keep your employee records only as long as necessary, or do you retain them on a permanent basis?

Avoid Form I-9, Employment Eligibility Verification (EEV) mistakes by carefully following all of the applicable rules, regulations and laws. The Department of Homeland Security is cracking down on errors and mistakes in order to prevent fraud. No business wants to be visited by Immigration and Customs Enforcement (ICE) officials investigating violations of American law - so be prudent in faithfully following the procedures.

Imprisonment and/or Fines for Fraud

The United States requires employers to verify the eligibility of people to work in this country. This is a legal requirement during all economic times, good and bad. The form clearly warns businesses that penalties include imprisonment and/or fines for "false statements" or "falsified documents."

ICE will audit a company when it notices a pattern of errors and mistakes on its forms. Typos, misspellings and minor mistakes are considered "technical" or "procedural." Major mistakes with legal ramifications - like omitted signatures - are "substantive."

Who Must Fill Out this Form?

The EEV form states that it must "... be completed and signed by employee at the time employment begins." All new seasonal, temporary and permanent workers (not unpaid interns) must fill out this form and provide valid original identification documents. It doesn't matter how desperate a company is to fill a position, these American laws must be followed.

Most Common Mistakes

Many mistakes can occur while filling out the form. These are the most common mistakes in filling out the EEV form:

• Corrections not initialed and dated
• Failure to mark boxes for citizenship, residency or alien status
• First date of work not listed
• Incomplete information
• Information doesn't match
• Missing signatures
• Not verifying expiration date of documents
• Proper number and type of documents
• Wrong or missing dates

Three-Day Rule

Remember the "Three-Day Rule!" This is an important guide concerning how long a company has to complete the EEV form. Once you have offered the job to the applicant and s/he has accepted, then you must have the employee fill out Section 1 of this form to check citizenship and immigration status on the first day of paid work.

The employer must complete Section 2 no later than the third business day of paid work. This procedure must be followed even if the employee is hired for a very short amount of time. This is the essence of the "Three-Day Rule."

Section 1

Section 1 must be filled out by the employee on the first day of paid work. This includes name, address, birth date, social security number, status boxes and signature line for name and date.

Section 2

The employer must fill out Section 2 showing that the identification documents were physically reviewed and verified. This includes title, issuing authority and expiration date for the documents. The business owner must sign and date this section.

Section 3

Section 3 is entitled "Updating and Reverification" — this is for rehires. It includes areas for new name, rehire date and if grant of work authorization has expired. The employer must sign and date this section.

List of Acceptable Documents

The United States government requires original documents, not photocopies. These documents are used for establishing identity for work authorization. Employer must physically examine documentation.

Instructions

This EEV form is to "document that each new employee (both citizen and noncitizen) hired after November 6, 1986, is authorized to work in the United States." The form must be filled out "no later than the time of hire...." The time of hire is the first paid work day.

E-Verify for Faster Online Processing

E-Verify is a free, Internet-based confirmation system managed by the Department of Homeland Security, which requires use of a Social Security Number (SSN). All employees (including temps) receiving compensation, must be entered into this system.

This online system completes checks within minutes. It cannot be used to check expired employment authorization; it is only for new employees. It has photo matching to protect against falsified identification documents.

The "Self Check" option enables U.S. employees to obtain work authorization before beginning a new job. Employers cannot require employees to use the Self Check option.

This online system does not replace the I-9 EEV form. The EEV form must still be completed and stored in paper, electronic or microfilm/microfiche format.

E-Verify is mandated in a couple of states. Businesses can enroll at "www.USCIS.gov."

How Long Must I hold these Forms?

Employers must properly complete, maintain, track and update work information. The expiration date on identification documents should be closely monitored. While it is illegal to "refuse to hire an individual because the documents have a future expiration date," these documents must be updated when the expiration date arrives. It is wise to automate this process because tracking the expiration date for a large number of people can be time-consuming.

The EEV form must be held for a minimum of three years. Hire and termination dates should be recorded. A business might be audited by ICE, thus it is important that they follow proper document maintenance, handling and storage procedures.

Avoid Mistakes by Being Diligent

Remember the "Three-Day Rule" — All paid employees must fill out the I-9 EEV form and this form must be completed within three business days of the first paid day of work.

Consistency is very important to ICE, so if you establish a pattern, continue it on all your paperwork. Employers should visit the government website (http://www.uscis.gov) to see the latest requirements and download forms. Carefully read the forms from top to bottom to avoid costly mistakes.

Download our quick guide titled Avoid Five I-9 Mistakes, including

• Tips from four prominent immigration attorneys in the United States
• News releases issued by government agencies about relevant legal settlements
• U.S. Citizenship and Immigration Services’ Handbook for Employers

The I-9 form is standard paperwork that must be filled out by each person that is hired at a new job. It is a single page form, but many people make mistakes when filling it out that can cost them money and time. It is essential that this form be filled out correctly to avoid employer penalties.

1. Missing or Incorrect Forms
   Common mistakes that are made when I-9 forms are being filled out include incorrect dates, transposed information and incomplete information. I-9 forms may also be misplaced by employers, which can lead to costly fines. Employers should also be sure that they ask for the correct identification documents from each employee.
2. Not Complying with The Three-Day Rule
   Regulations state that I-9 forms should be completed before the employee has been employed with the company for three business days. The employee and employer must complete the entire form and the employer must receive and verify identification documents within three days to avoid having to pay steep fines.
3. Not Re-Verifying Information
   Employers of people with some citizenship statuses are required to update and track the employee's documentation. Employers must remember to always have valid identification on file and request new copies of documents that are expiring soon.
4. Ensuring Identification Documents are valid
   Managers who are hiring employees are required to ensure that the identification documents that are provided to them are valid. They also must ensure that they have the proper combination of documents from the three lists. The documents presented with the I-9 form may be from list A or lists B and C.
5. Not Maintaining Documents Properly
   ICE regulations require every employer to destroy all I-9 forms from their employees either three years after the employee's hire date or a year after the employment has been terminated, whichever length of time is greater.
6. Not Having Proper Supporting Documentation for E-Verify Matching
   E-Verify introduced a photo matching system in 2010 to prevent prospective employees from using fake identification to obtain employment. This system requires employers to compare the onscreen photo from their system with the photo that is printed on the identification provided by the employee.

ICE also requires employers to maintain copies of each employee’s photo identification, in addition to verifying the image using the E-verify system. Even when employers know the rules and do their best to follow them, it is possible for mistakes to be made. Every employer should have a system of checks and balances in place to ensure that their company is following all of the proper procedures in regards to I-9 forms.

I-9Compliance.com provides a free and easy method of helping you stay on top of your I-9 forms. Their electronic compliance solution will help you "audit" your I-9 forms before ICE does, keeping you ready to respond to any I-9 request by the government at a moment's notice. I-9compliance.com can help take away one of the major headaches of doing business in this era of increased immigration enforcement.