1. Immigration – Common Errors and How To Conduct An Internal I-9 Audit

2. What we’ll cover: Correct way to fill out an I-9
Why you should do an internal I-9 audit
Some of the most important steps in conducting an internal I-9 audit
How to correct common I-9 errors
Proposed I-9 changes to new form (current form expired end of month)
FAQ’s

3. Why audit?
Fines and penalties can come from paperwork errors all the way up to willful violations
Internal audit can reduce fines by showing a good faith effort and correcting errors

6. You must have a Form I-9 on file for all current employees hired after November 6, 1986.

7. Best practice: Store I-9s separate from personnel files
A federal audit will likely require a company to produce all their Forms I-9 within three days of notice

9. Employees must attest to the validity of the information in Section 1 by signing
Preparer/translator section is to be used only when the employee cannot complete Section 1

10. Employee completes Section 1 attestation
Employers should not ask to see any documentation for the purposes of Section 1

11. Employers must review Section 1
“N/A” should be used in fields for which an employee does not have information

12. Reviewing Section 1
“N/A” should also be used if an employee chooses not to provide information in optional fields
The address in Section 1 may not be a P.O. box
“Other names used (if any)” is not for nicknames
E-Verify employers must require a Social Security number in Section 1 (optional for other employers)

13. Corrections in Section 1

14. Section 2: Where to begin
The employer completes Section 2

16. Employee documentation
Not all fields will be used in the identity and employment authorization section
Check to ensure the documents presented by the employee are on the form’s Lists of Acceptable Documents

17. EXAMPLE ISSUE
No document number recorded for a social security card presented as a List C document

18. Wrong combination of documents Possible problems include:
Under documentation (only a List C document, for example)
Over documentation (documents from all three Lists or a document in addition to a List A document)
Solution: add or line out the problematic information and initial and date the change

19. Photocopies
Making photocopies of I-9 documentation can add another layer to an audit
Photocopies become part of the I-9 record
Making photocopies of I-9 documentation is optional
Employers that photocopy I-9 documentation must still complete Section 2 with the employee’s information

20. Employer certification
Section 2, first day of employment
This is the employee’s first day of work for pay
This date should match your payroll records
Employer information must be complete

21. Section 3 Reverification Issues
Reverifications must be made on current versions of the Form I-9
Always attach updates made on a new form to the employee’s original form
When using a new form to update or correct Section 3, enter the employee’s name at the top of Section 2

22. Missing reverification
When reverification was missed, perform it immediately
There is no grace period after an employee’s temporary work authorization expires
If the employee cannot bring in valid documentation, you cannot continue to employ him or her
A tracking system can identify forms that require reverification

24. I-9 - RETENTION
Employers must retain Forms I-9 for three years after the date of hire or one year after the date the individual’s employment is terminated, whichever is later. Photocopies or faxed copies of completed Form I-9 are not acceptable to meet this retention requirement.
Employers may choose to scan and upload the original, signed forms to retain them electronically. Once these Forms I-9 are securely stored in electronic format, the original paper Forms I-9 may be destroyed.

25. An employee begins working for you on January 15, 2013
An employee begins working for you on January 15, His last day of work is April 15, When can you purge his Form I-9?
January 15, 2014
April 15, 2015
January 15, 2016
April 15, 2017

27. Poll: Timelines
Offer accepted: Friday, April First day of work: Monday, April 20.
Which of the following is not an appropriate date on which to complete Section 2 of the Form I-9?
Wednesday, April 8
Friday, April 17
Monday, April 20
Thursday, April 24

28. Proposed changes to the Form I-9
More instructions and more in-form direction

29. Section 2 includes drop-down lists for documentation title and issuing authority.

30. Additional changes:
Space in Section 2 to record additional details
Option to record multiple preparers/translators
QR code

31. Q&A