Vision Payroll

April 27, 2014

Further Action Notice Must Be Completed If Employee Receives Tentative Nonconfirmation

Further Action Notice Must Be Completed If Employee Receives Tentative Nonconfirmation

Further Action Notice Must Be Completed If Employee Receives Tentative Nonconfirmation

If an employer receives a Department of Homeland Security Tentative Nonconfirmation (DHS TNC) from the US Department of Homeland Security (DHS), the affected employee must complete, sign and return the Further Action Notice. Although the Further Action Notice is available in eighteen languages, the completed and signed version must be the English language version.

Steps for the Employer When a DHS TNC Is Received

If an employer receives a DHS TNC, the employer should take the following steps:

  1. Review this Further Action Notice in private with the employee.
  2. Check that all of the information at the top of this Further Action Notice is correct.
  3. Ask the employee to indicate whether he or she will contest the DHS TNC.
  4. Give the employee a copy of the signed Further Action Notice in English and attach the original to the employee’s Form I-9.
  5. Log in to E-Verify and search for this case using the information above. Follow the instructions in E-Verify to refer the case to DHS if the employee contests the DHS TNC, or close the case if the employee does not contest the DHS TNC.

Photo Mismatches Require Separate Action

For a DHS TNC received for a photo mismatch only, the Further Action Notice should be sent to DHS with a copy of the employee’s photo document. This can be done either through a digital submission to DHS or delivery by express shipping. Copies are not to be sent using regular United States Postal Service mail.

Know Employee Rights and Employer Responsibilities

Vision Payroll recommends visiting the US Citizenship and Immigration Services (USCIS) website to become familiar with all employee rights and employer responsibilities when working to resolve a DHS TNC.

April 25, 2014

Question of the Week: How Can I Answer My Employees’ Questions About the I-9?

 

How Can I Answer My Employees’ Questions About the I-9?

How Can I Answer My Employees’ Questions About the I-9?

This week’s question comes from Kate, an office manager.

Kate asks:

When we ask new hires to complete the I-9, they often have questions about the form. How can I answer my employees’ questions about the I-9?

Answer: Form I-9, Employment Eligibility Verification, now has a new companion form. The Form I-9, Employment Eligibility Verification Employee Information Sheet is now available from the US Citizenship and Immigration Services (USCIS).

Answers To Common Questions Provided

Many common questions are answered in the information sheet. Among the questions answered are the following:

  • What is the purpose of the Form I-9?
  • Is Form I-9 available in other languages?
  • Which documents do I need to show my employer?

Information Sheet Is Available in Seventeen Other Languages

In addition to English, the information sheet is also available in the following languages:

  1. Arabic
  2. Carolinian
  3. Chamorro
  4. Chinese
  5. French
  6. German
  7. Haitian-Creole
  8. Italian
  9. Japanese
  10. Korean
  11. Marshallese
  12. Palauan
  13. Portuguese
  14. Russian
  15. Spanish
  16. Tagalog
  17. Vietnamese

Visit the USCIS Foreign Language Resources page for more information.

Provide the Form I-9, Employment Eligibility Verification Employee Information Sheet To New Hires

Vision Payroll recommends providing the Form I-9, Employment Eligibility Verification Employee Information Sheet to new hires coincident with the completion of Form I-9 to assist employees in proper completion of the Form I-9.

March 8, 2013

Question of the Week: When Will the New Form I-9 Be Available?

When Will the New Form I-9 Be Available?
When Will the New Form I-9 Be Available?
This week’s question comes from Allen, an HR Director.

Allen asks:

We have been using the Form I-9 that expired last August. We’re uncomfortable using an expired form. When will the new Form I-9 be available?

Answer: The US Citizenship and Immigration Services (USCIS) today published a new Form I-9, Employment Eligibility Verification. This form is available for immediate use.

Older Versions of Form I-9 May Be Used Until May 7, 2013

Employers who need to make necessary updates to their business processes to allow for use of the new Form I-9 may continue to use other previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013 date. After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States.

Revised Form I-9 Has New Features

The revised Form I-9 has several new features, including new fields and a new format to reduce errors. The instructions to the form also more clearly describe the information employees and employers must provide in each section.

English and Spanish Versions Are Available

The new Form I-9 is available in both an English language version and a Spanish language version.

Contact Vision Payroll for Further Information

Contact Vision Payroll if you have further questions on the revised Form I-9.

September 28, 2012

Question of the Week: Where Can I Get the New Form I-9?

Where Can I Get the New Form I-9?
Where Can I Get the New Form I-9?
This week’s question comes from Amy, an office manager.

Amy asks:

We just used the new paperless onboarding when we hired a new employee. The Form I-9, Employment Eligibility Verification, said that it expired on 8/31/2012. When we clicked the link on VisionPayroll.com, that form is also expired. Where can I get the new Form I-9?

Answer: The Form I-9 that is available using our paperless onboarding and on our website is still the current form, even though it indicates that it is expired.

USCIS Authorized Continued Use of Expired Form I-9

In a statement issued on August 13, 2012, the US Citizenship and Immigration Services (USCIS) stated the following:

Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

Visit VisionPayroll.com for Updated Information on Form I-9

Be sure to visit VisionPayroll.com regularly for updated information on Form I-9.

March 6, 2011

USCIS Releases Updated Handbook for Employers

USCIS Director Alejandro Mayorkas
The US Citizenship and Immigration Services (USCIS) recently released an updated Form M-274, Handbook for Employers. The handbook assists employers in completing Form I-9, Employment Eligibility Verification.

Form Has Eight Parts

Form M-274 is broken into eight parts, each dealing with a specific topic. The parts are:

  1. Why Employers Must Verify Employment Authorization and Identity of New Employees
  2. Completing Form I-9
  3. Photocopying and Retaining Form I-9
  4. Unlawful Discrimination and Penalties for Prohibited Practices
  5. Instructions for Recruiters and Referrers for a Fee
  6. E-Verify: The Web-based Verification Companion to Form I-9
  7. Some Questions You May Have About Form I-9
  8. Acceptable Documents for Verifying Employment Authorization and Identity

Establishing Identity and Employment Authorization

To establish both identity and employment authorization, a person must present to his or her employer a document or combination of documents, if applicable, from List A, which shows both identity and employment authorization; or one document from List B, which shows only identity, and one document from List C, which shows only employment authorization. Sample illustrations of acceptable documents are also presented.

Contact Vision Payroll for Further Information

Contact Vision Payroll if you have further questions on Form M-274.

October 20, 2010

Tip of the Week: Certain Puerto Rico Birth Certificates No Longer Valid for Form I-9 Purposes

Filed under: News — Tags: , , , , , — Vision @ 5:25 pm
Puerto Rico Governor Luis G. Fortuño
Puerto Rico Governor Luis G. Fortuño
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure certified copies of birth certificates to US citizens born in Puerto Rico because of a new Puerto Rico birth certificate law.

As of September 30, 2010, Certified Copies of Puerto Rico Birth Certificates Issued Before July 1, 2010, Will Now Be Valid Through October 30, 2010. The Dates Below Reflect this Extension.

After October 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, will become invalid. This new law does not affect the US citizenship status of individuals born in Puerto Rico. It only affects the validity of certified copies of Puerto Rico birth certificates.

How Will this Law Impact the Employment Eligibility Verification (Form I-9) Process?

New Employees

  • All certified copies of Puerto Rico birth certificates are acceptable for Form I-9 purposes through October 30, 2010.
  • Beginning October 31, 2010, only certified copies of Puerto Rico birth certificates issued on or after July 1, 2010, are acceptable for Form I-9 purposes.
  • Beginning October 31, 2010, if an employee presents for List C a birth certificate issued by the Vital Statistics Office of the Commonwealth of Puerto Rico, the employer must look at the date the certified copy of the birth certificate was issued to ensure that it is still valid.

Existing Employees

Employers must not re-verify the employment eligibility of existing employees who presented a certified copy of a Puerto Rico birth certificate for Form I-9 purposes and whose employment eligibility was verified on Form I-9 prior to October 31, 2010. 

Federal Contractors

Employers awarded a federal contract that contains the Federal Acquisition Regulation (FAR) E-Verify clause have special Form I-9 rules for the verification of existing employees. 

If completing new Forms I-9 for existing employees, certified copies of Puerto Rico birth certificates are acceptable as a List C document under the following circumstances:

  • Prior to October 31, 2010, all certified copies of Puerto Rico birth certificates are acceptable for Form I-9 purposes.
  • Beginning October 31, 2010, only certified copies of Puerto Rico birth certificates issued on or after July 1, 2010, are acceptable for Form I-9 purposes. 

If updating existing Forms I-9, an employer must not ask an employee to present a new certified copy of a Puerto Rico birth certificate if the employee presented a certified copy of a birth certificate issued in Puerto Rico before July 1, 2010 that was valid and acceptable for the Form I-9 at the time it was presented.

See the E-Verify Supplemental Guide for Federal Contractors for more information on E-Verify and FAR requirements.

How Will this Law Affect the Retention of Documents with Form I-9?

Existing federal law governing the Form I-9 process prohibits employers from keeping original certified copies of birth certificates, including those issued in Puerto Rico, but allows employers to keep photocopies of these documents. Employers who choose to make photocopies of documents their employees present when completing Form I-9 must do so for all employees, regardless of national origin or citizenship status.

For more information about Form I-9, visit http://www.uscis.gov/. More information about birth certificates issued in Puerto Rico can be found at www.prfaa.com/birthcertificates and www.prfaa.com/certificadosdenacimiento.

Contact Vision Payroll if you have further questions on the changes to Form I-9.

July 13, 2010

Maryland Restaurateur Pleads Guilty to Harboring Illegal Aliens

According to the office of Rod J. Rosenstein, US Attorney for the District of Maryland, George Anagnostou has pleaded guilty to harboring twenty-four illegal aliens who were employed at Timbuktu restaurant in Hanover, Maryland and By the Docks restaurant in Middle River, Maryland. Also participating in the announcement were Special Agent in Charge William Winter of US Immigration and Customs Enforcement and Anne Arundel County Police Chief James Teare, Sr.

“Employers who take advantage of illegal labor to gain a competitive advantage for their own profit should take note of today’s guilty plea,” said William Winter, Special Agent in Charge for US Immigration and Customs Enforcement (ICE) in Baltimore. “ICE is committed to investigating companies who engage in illegal employment schemes and targeting the profits that motivate them.”

According to the announcement, Anagnostou did not prepare a Form I-9, Employment Eligibility Verification, for several employees. When he received “no-match” letters from the Social Security Administration, he made no effort to investigate further and continued to employ those workers identified.

Anagnostou also provided housing to several of the illegal alien employees and in many cases he “deducted rental payments from the overtime owed to the illegal alien employees, many of who regularly worked up to 80 hours a week and were routinely paid in cash to avoid their tax liability. Anagnostou did not claim the rental income on his tax returns, nor did he withhold FICA taxes from these overtime payments, as he was legally required to do.”

In addition to facing up to ten years in prison, “Anagnostou is required to forfeit $378,386.21 from five bank accounts; $99,890 seized from the restaurants and Anagnostou’s home on March 11, 2010; an additional $256,696.67, also believed to be proceeds of the crime and payable by check to Immigration and Customs Enforcement upon sentencing; and a 2009 Harley Davidson.”

Vision Payroll recommends that employers familiarize themselves with Form I-9 and its requirements so that they may be prepared and filed for each new hire. Also, employers may not ignore obviously fake or fraudulent identification documentation and must make an effort to verify social security numbers that have been reported as mismatched.

February 17, 2010

Tip of the Week: Top Ten I-9 Tips

Business owners should be proactive in confirming work eligibility before hiring a new employee. Compared to dealing with Immigration and Customs Enforcement, internally addressing issues right up front is a lot easier. The Form I-9 is the form used to verify that an employee is eligible to work in the United States. Many employers have questions about the Form I-9. Is it better to prepare the Form I-9 before an employee starts work or after? Which sections should be completed and by whom? Can you request too much documentation? Should the completed I-9 Forms be kept in the personnel files?

You’ll learn the answers to these questions and much more from the Top Ten I-9 Tips in this month’s HRCast, a recording provided by our team of HR Pros and available exclusively on MyHRSupportCenter. These tips include information on preparing, reviewing, and storing I-9 Forms as well as additional valuable information.

Visit MyHRSupportCenter regularly not only for our HRCasts, but also to get late-breaking compliance alerts, best practices to implement, and HR tools to use every day. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.

April 3, 2009

Question of the Week: When Do I Need to Use the New I-9?

This week’s question comes from Toni, an office manager. In February, you wrote that implementation of the new Form I-9, Employment Eligibility Verification, had been delayed. When do I need to start using the new Form I-9? Answer: The United States Citizenship and Immigration Services (USCIS), a component of the United States Department of Homeland Security (DHS), has released the revised Form I-9, and its Spanish equivalent, Formulario I-9, Verificación de Elegibilida para el Empleo. Employers are required to use the revised forms starting today, April 3, 2009. The list of documents eligible for the employment verification process has also been revised, including the elimination of expired documents as acceptable verification documents.

Contact Vision Payroll or click the Form I-9 tag if you have any questions on the revised Form I-9.

February 4, 2009

Tip of the Week: Learn About the Revised Form I-9

The United States Citizenship and Immigration Services (USCIS), a component of the United States Department of Homeland Security (DHS) has announced a delay in the implementation of the revised Form I-9, Employment Eligibility Verification, but you shouldn’t delay in learning what you need to know about the rule changes that the new form will bring.

This month’s featured article on MyHRSupportCenter covers the basics of the form, revisions to the form including newly acceptable documents and documents that are no longer acceptable, and how the delay impacts use of the current and revised forms.

To learn more, sign into MyHRSupportCenter and read this month’s featured article. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.

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