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.

The United States Immigration and Customs Enforcement agency has issued a statement that they will begin the fifth surge in a series of investigations aimed at investigating potential employers of illegal immigrants. Approximately 1000 employers are being notified of intention to investigate.

"The inspections will touch on employers of all sizes and in every state in the nation, with an emphasis on businesses related to critical infrastructures and key resources," the ICE news release stated.

"Ultimately, our focus on business related to critical infrastructure and key resources aligns with our priority as an agency to first and foremost minimize threats to national security and public safety," Ice spokesperson Gillian Christensen suggested.

"ICE's worksite enforcement strategy focuses on employers, penalizing those who knowingly violate the law and deterring others from breaking the law," Christensen added. Stating that ICE "may arrest workers we encounter," she restated that the goal was to make examples of the employers that they could pinpoint and not to arrest and deport illegals.

According to ICE, the program is not being developed in a systematic format. Decisions on which random companies will be investigated will be done on "tips," possibly from anonymous sources and similar to the manner in which drug cases are built.

Claiming the scope would be broad, the federal agency stated that the focus would be on corporations in the banking and finance industry, commercial nuclear reactors, dams, drinking water and water treatment systems, government facilities, information technology, telecommunications and transportation systems, as examples.

No definitive statement was given with respect to "I-9 audit surges" against employers who depend on transient and seasonal workers to prepare their product for market. These industries include the agriculture and construction industry.

While reaffirming that the audits are intended to foster a culture of compliance among potential employers of illegal immigrants, the agency noted that this is the fifth such audit program. In the fiscal year 2010 ICE arrested 196 employers from 2,338 audits. The 2,196 audits of the preceding 2009 fiscal year resulted in 114 employer arrests.

Penalties from convictions for hiring illegal immigrants include fines and incarceration, but can also result in expulsion from the immigrant worker program and a ban from receiving future government contracts. ICE actually implemented this prohibition on 97 businesses and 49 individuals in the 2010 operating year.

I-9compliance.com’s provides an electronic compliance solution to help you with your I-9 forms, keeping you ready to respond to any I-9 request by the government at a moment's notice. Visit I-9compliance.com and get started today.

If your company is selected for an administrative inspection, you will probably receive the NOI (Notice of Inspection) through a personal visit by an ICE agent. The inspection will determine your company's compliance with the Immigration Reform and Control Act of 1986 along with other immigration laws. At this point you will have three business days to gather and produce all documentation. You will be required to produce Form I-9s for your current employees and, in some cases, for former employees, as well. There is also supplemental documentation that may be requested. The key to successfully handling the inspection is preparation and organization.

When you first receive your NOI, begin by gathering all documentation. The agent will usually provide a list of what documentation ICE is requesting. Of course, it will list Form I-9, but it may also include a copy of your payroll, a list of current employees and business licenses. A Special Agent in Charge can also ask for Social Security no-match letters, lists of managers and copies of company compliance policies. If you feel you won't meet the deadline, you can request a delay. It might even be best to retain a document management service which is experienced in immigration law. A service can assess your compliance before the inspection and prevent issues from arising.

When all the documentation is gathered, a Forensic Auditor within ICE will inspect it. If problems are found, the auditor will determine to which category they belong. Technical and procedural violations are minor and an employer will be give 10 business days to correct them. Substantive violations are much more serious and there is not opportunity provided for correction. Substantive violations include missing document numbers and signatures. Substantive violations don't always have to stay that way, however. If the company or its representative can show that documents were, in fact, maintained, but, perhaps incorrectly, then the violation may be reduced to a technical violation.

Now, if you and your company have knowingly hired employees that are undocumented or with inadequate documentation, you will be sought out and fined. You may even face criminal prosecution. Immigration law is flaunted only at great peril.

On the other hand, companies should not suffer punishment when they make mistakes even after good faith efforts at compliance. Given the high bar set for compliance most companies would do well to contract with a compliance specialist such as I-9Compliance.com to assist them in managing documentation. I-9Compliance.com's secure web-based I9 system integrates with the federally mandated E-Verify system avoiding costly violations.

The United States Immigration and Customs Enforcement are taking more efforts to ensure that immigration laws are not being broken in the workforce. The ICE is continuing its thorough investigation of companies throughout the United States. If you're a business, you need to be aware of the latest ICE efforts in order to protect yourself, your employees, and your company.

ICE currently believes that there are around eight million illegal workers throughout the United States. ICE is taking efforts to ensure that all employers have the correct employee documentation on file to prove that workers are legal citizens. Not only is ICE making sure that paperwork is documented and up to date, but it's also making sure that businesses are staffing legal citizens. Many businesses have been getting away with illegal employee practices for a long period of time. The ICE is taking steps to crack down on this behavior.

ICE claims that it will not be investigating certain businesses or industries. Certain industries, however, are more likely to hire illegal employees. Many different businesses of various sized will be investigated to ensure that proper procedures are being met. Companies who are employing illegal workers or who are not following the necessary documentation guidelines will face serious consequences. This includes costly fines. ICE hopes that this investigation will stop illegal employee hiring from happening in the future.

If you own or manage a business, you will want to take extra efforts to ensure that you're following all of the laws that are in place. Take the time to review your current employee files to ensure that you've taken all of the necessary legal steps needed to follow the laws. All documentation should be completed and kept on file. Taking the time to review your system will ensure that you're meeting the legal requirements and will allow you to avoid possible consequences.

Because of the latest streams of investigations, the ICE may visit your business as part of their ongoing investigation. If ICE comes to your business to investigate, you need to be cooperative. You should have all of your employee information easily accessible so that you're able to provide the proper documentation quickly.

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.