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:
- Review this Further Action Notice in private with the employee.
- Check that all of the information at the top of this Further Action Notice is correct.
- Ask the employee to indicate whether he or she will contest the DHS TNC.
- Give the employee a copy of the signed Further Action Notice in English and attach the original to the employee’s Form I-9.
- 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.
How Can I Answer My Employees’ Questions About the I-9?
This week’s question comes from Kate, an office manager.
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:
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.
This week’s question comes from Allen, an HR Director.
When Will the New Form I-9 Be Available?
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.
Where Can I Get the New Form I-9?
This week’s question comes from Amy, an office manager.
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.
USCIS Director Alejandro Mayorkas
On March 21, US Citizenship and Immigration Services (USCIS)
launched E-Verify Self Check
, the first online E-Verify program offered directly to the US workforce. E-Verify Self Check
, a fast, simple, secure and free service, enables individuals to voluntarily check their own employment eligibility status.
First Phase Open To Residents of Five States and DC
USCIS is releasing E-Verify Self Check in phases, with the first phase only accessible to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia, or the District of Columbia.
Availability to Expand After Testing and Further Improvements
The availability of E-Verify Self Check will be limited for the initial launch as the service is tested and improved upon based on the outcomes of the initial implementation.
Contact Vision Payroll Today
Contact Vision Payroll today if you have further questions on E-Verify Self Check.
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:
- Why Employers Must Verify Employment Authorization and Identity of New Employees
- Completing Form I-9
- Photocopying and Retaining Form I-9
- Unlawful Discrimination and Penalties for Prohibited Practices
- Instructions for Recruiters and Referrers for a Fee
- E-Verify: The Web-based Verification Companion to Form I-9
- Some Questions You May Have About Form I-9
- 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.
The H-2B visa allows employers with peak load, seasonal, or intermittent needs to hire foreign workers to fill those slots in certain situations. According to the US Citizenship and Immigration Service (USCIS), these visas are normally used in construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services. Under the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) a limit of 66,000 H-2B visas is set per fiscal year, with 33,000 allowed in each half of the fiscal year. The fiscal year 2010 begins on October 1, 2009. Since petitions may not be filed more than 120 days before the date of the actual need, the time to start filing petitions begins in early June. USCIS considers petitions filed on the date received, not the date postmarked. The USCIS will also regularly provide updates on the numbers of beneficiaries approved and pending. Contact Vision Payroll if you have further questions on the H-2B visa program.
The United States Citizenship and Immigration Services (USCIS) has submitted an interim final rule to change Form I-9, Employment Eligibility Verification. The rule will become effective February 2, 2009.
There are three categories of documents that employers may use for employment verification: List A that establishes identity and employment authorization, List B that establishes identity, and List C that establishes employment authorization. The rule eliminates the ability of employers to accept expired documents, although the USCIS has invited comments on and will consider allowing employers to accept List B documents “that have expired within the last ninety days (or other limited time period).”
The interim final rule also adds passports of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) to acceptable List A documents. Citizens of both the FSM and the RMI may, but are not required to, obtain Form I-766, Employment Authorization Document.
Further, the interim final rule eliminates Forms I-688, I-688A, and I-688B from acceptable List A documents since these documents are no longer issued and all issued forms are now expired.
There are numerous other miscellaneous changes, including changes to correct references to terminology that has changed. The June 5, 2007 version of Form I-9 becomes invalid February 2, 2009.