All U.S. employers, regardless of size or industry, are required to complete and retain a Form I-9 for each person they hire to work in the United States, including both citizens and non-citizens.
The Form I-9 is for the purpose of Employment Eligibility Verification to ensure that the employee(s) a company hires are eligible to work in the United States, whether as US Citizens or with an authorized work permit/visa. The Form I-9 must be completed in full by both the employee and the employer with the completed forms maintained separately from the regular employee files.
Earlier this year, a revised Form I-9 was issued and it is mandatory for all employers to have begun using the new form effective May 7, 2013. Employers are advised to replace the old version of the I-9 Form with the new form to be used for all new hires going forward.
Employers can find the Form I-9 and instructions on the U.S. Citizenship and Immigration Services website by going to www.uscis.gov and searching I-9 Form.
With a lot of talk about Immigration Reform, there has been an increased focus on the workplace relating to immigration and ensuring employers are being compliant with hiring only employees with legal working status. Therefore, more and more states are passing legislation requiring employers to utilize E-Verify, in addition to the Form I-9.
E-Verify is a free internet-based system that allows employers to confirm the legal working status of new hires in a matter of seconds. E-Verify is operated by the U.S. Citizenship and Immigration Services (USCIS) in conjunction with the Social Security Administration (SSA) and provides an automated link to federal databases to help employers determine the eligibility of new hires. It reduces unauthorized employment, minimizes verification related discrimination and is a quick and easy to use tool.
E-Verify is a free tool available to all employers in all 50 states and takes very little time to process. As of November 2012, Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Utah, Virginia and West Virginia have some regulation regarding the use of E-Verify with more states being added to the list as we move along further into 2013.
A number of employers across the country voluntarily use E-Verify as a standard within their hiring process and payroll processing companies are including E-Verify to their service offering to better support their customers’ needs and comply with certain state regulations.
Although 20 states have regulation regarding the use of E-Verify, it is important to note that the requirements for each state are different and companies should check with their states department of labor office to determine what is required.
For example, all employers in the state of South Carolina are required to enroll in E-Verify by January 1, 2012 and verify all new hires thereafter. Employers in the state of North Carolina must comply using E-Verify on the following effective dates and based on the size of the organization: Employers with 500 or more employees – effective October 1, 2012, Employers with 100 or more employees – effective January 1, 2013, Employers with 25 or more employees – effective July 1, 2013. Private employers with 24 or less employees in the state of North Carolina are not required to use E-Verify.
E-Verify is not to be used as a pre-employment screening tool and is not to be completed for employees already on the payroll prior to the employer enrolling in the program. E-Verify is for all new hires going forward from time of enrollment and must be completed within three business days after the employee starts work.
Immigration reform has been a hot political topic lately and will continue to be at the forefront with the recently filed Immigration Modernization Act of 2013. The proposed legislation outlines a course to citizenship over a 13 year period for the majority of the people living illegally in the United States to include allocating more money for border control security, establishing a new low-income jobs and farm labor worker programs and mandates the use of the E-Verify system for most companies across the United States hiring new workers.
If the proposed Immigration Modernization Act is passed as a law, it will have a substantial impact on businesses across the country in a number of ways. It would make it mandatory for all employers to use the E-Verify system for electronic employment verification, it would increase the number of employment visas including H-1B reform for highly skilled workers as well as create a new visa for lower skilled workers the focus on the service industry, primarily construction and agriculture. If this passes, employers will need to ensure they are aware of the different types of visas, work permits and federal programs to ensure they are in compliance with hiring authorized workers.
Resources
Additional information can be found on each states respective department of labor website or you can also visit http://www.dhs.gov/E-Verify to register for E-Verify and find out more detailed information and instructions for the federal program.
