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?

There’s no question about it—trying to maintain I-9 compliance and staying up-to-date on new rules and regulations can seem pretty overwhelming. Even the most seasoned staffing professionals will tell you that avoiding I-9 violations requires meticulous management of your hiring and record-keeping processes. So what are the most common I-9 mistakes?

We surveyed a group of prominent attorneys who serve in the fields of immigration and employment and asked that very question. In this post and in our next few blog posts, we’re going to take a look at the 5 most common I-9 mistakes made by employers and provide tips about how to avoid those mistakes. It should make for some interesting and informative reading, so be sure to subscribe if you haven’t already done so.

Tip #1: Follow the three-day rule.

Once you’ve hired an applicant, the Form I-9 must be completed within a specific timeframe. Try to remember the three-day rule when thinking about the I-9 process:

• Once an applicant has been offered a position, make sure that Section 1 of the I-9 form has been completed by the first day of work.
• Section 2 of the form must be completed no later than 3 business days after the employee begins working.

And take note: if you’re hiring an employee for a period of fewer than three days, both sections must be completed by the employee’s first day of paid work.

If you don’t want to wait for our next blog entries to read more tips to avoid common I-9 mistakes, check out our free guide—it includes all five potentially costly errors.

And let us know: What kind of system do you have in place to make sure that the Form I-9 is completed on time?

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