Double Whammy: Changes to I-9 and E-Verify. Are You Ready?
By Ann Cun, Counsel LawLogix Group
Are you ready for change? USCIS released revisions to both the I-9 Form and E-Verify system. Here are the top updates you’ll need to be aware in each category:
5 Updates for the I-9 Form (Not Yet Finalized by USCIS)
You recall earlier this year in March, USCIS announced its plans to update the I-9 Form. It released a series of proposed changes to the form and provided a 60-day comment period which closed in late May. Fast-forward a few months and over 6,200 public comments later, USCIS issued a second round of proposed changes, in late August this time.
Today, we’re summarizing the five major revisions on this second round. [Note: The revisions are not finalized yet so employers should continue to use the current I-9 Form until further notice.] There is an open public comment period that closes on October 15, 2012. However, you’ll want to read about the full details on the LawLogix I-9 and E-Verify Blog article or view our recent Webinar to get more information from our attorney speakers.
1) Section 1 is now completely on page 1 and Section 2 has been moved to page 2
2) USCIS is now requesting the employee's email address and telephone number in Section 1 and making it an optional field in the instructions but failing to indicate this on the actual form
3) The employee attestation boxes in Section 1 are much clearly indicated this time around, hoping to reduce confusion by employees
4) In Section 2, the employer or authorized representative certifications are much more defined, help to reduce confusion about actual start dates and the responsibilities that lie in certifying that section
5) Employees or their representatives now have more room to complete Section 2’s List A documents. For employers who hire a foreign workforce, this added space is welcomed in order to accommodate the multiple list of documents sometimes needed to be recorded.
4 Updates to the E-Verify System
A month after USCIS announced a second round of proposed revisions to the I-9 Form, USCIS also announced changes to the E-Verify System. The changes affect only Employers who log into the system directly through the internet as Direct Access Users (as opposed to Employers who are using an electronic software like the Guardian System to access the E-Verify system.)
What are the important changes that affect employers? Here are the top four changes:
1) More web browsers are now supported
2) E-Verify will now permit quick audit reports to enable employers to quickly review their E-Verify data in a spreadsheet format
3) New fields for foreign passports and country of issuance were added in order to account for the I-94 automation that Customs and Border Protection is currently undergoing
4) Web-based tutorials will now be available to Corporate Administrators to facilitate compliance and appropriate E-Verify use.
You can read full details of both changes on the LawLogix I-9 and E-Verify Blog or subscribe to the blog for regular updates.
Ann Cun is Counsel at LawLogix Group, Inc., the leading provider of innovative electronic I-9 and E-Verify and Immigration Case Management Software. Ms. Cun is an attorney with over a decade of immigration experience (including as a paralegal) that includes securing temporary and permanent work visas for global employees, as well as conducting internal I-9 audits for companies and developing I-9 compliant strategies and solutions. Ms. Cun writes regularly on the topic of employment eligibility verification for U.S. workers at www.electronici9.com. For more information about the Guardian I-9 and E-Verify Compliance Solution, visit here.