Form I-9 and E-Verify News
March 27, 2009
On or after April 3, 2009, employers must use the 02/02/2009 edition of Form I-9 when verifying and reverifying the employment eligibility of their employees. The current edition of Form I-9, dated 06/05/2007, must continue to be used through April 2, 2009, but will no longer be valid for use on or after April 3, 2009.
A copy of the new Form I-9 (02/02/2009 edition) can be downloaded here:
http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf
The following Q & A from the U.S. Citizenship and Immigration Services (USCIS) on the new Form I-9 contains helpful information.
Questions and Answers
Q. Why is a revised Form I-9 being released?
A. The revised Form I-9 reflects changes made to the list of documents acceptable for Form I-9 in accordance with the Department of Homeland Security’s (DHS) recent interim final rule. The rule furthers DHS’s ongoing effort to increase the security of the employment authorization verification process. The new rule:
- Requires that all documents presented during the verification process be unexpired;
- Eliminates List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards);
- Adds foreign passports containing certain machine-readable immigrant visas to List A;
- Adds to List A as evidence of identity and employment authorization valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI ; and
- Makes technical updates.
Q: What is the difference between the revised Form I-9 and the old one?
A: The biggest difference in the revised Form I-9 is that all documents presented during the verification process must be unexpired. Other than several technical updates, the following documents have been added or removed:
Two documents have been added to List A (Documents that Establish Both Identity and Employment Authorization) on the List of Acceptable Documents:
- A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp; and
- A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.
Although prior regulations refer to temporary I-551 stamps, the Department of State for several years has been affixing machine-readable immigrant visas (MRIVs) that contain a pre-printed temporary I-551 notation in the foreign passports of aliens immigrating to the United States. DHS therefore is updating the regulations to reflect this alternate temporary I-551 document with the pre-printed temporary I-551 notation on MRIVs.
Additionally, under both the preexisting Compacts with the FSM and the RMI, and the Compacts as amended, most citizens of the FSM and RMI are eligible for admission to the United States as nonimmigrants. Such citizens of the FSM and RMI have the privilege of residing and working in the United States. Amendments to the Compacts include provisions that eliminated the need for citizens of the FSM and RMI to obtain an Employment Authorization Document (Form I-766). By adding to List A the FSM and RMI passports, with a valid Form I-94 or I-94A, citizens of the FSM and RMI will be able to use their passports in the I-9 process without the need to obtain a separate Employment Authorization Document.
Three documents were removed from List A of the List of Acceptable Documents:
- Form I-688, Temporary Resident Card;
- Form I-688A, Employment Authorization Card; and
- Form I-688B, Employment Authorization Card.
Q. Where can I obtain a copy of the revised Form I-9?
A. A copy of the new Form I-9 (02/02/2009 edition) can be downloaded here:
http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf
Paper copies of Form I-9 can be ordered by calling USCIS at 1-800-870-3676.
Q. Why can’t I present an expired document?
A. DHS wants to ensure that documents presented for use in the Form I-9 process must be valid and reliably establish both identity and employment authorization. Expired documents may not portray a valid status. They are also prone to tampering and fraudulent use. This change takes into account the limits placed on these documents by their issuing authorities. If a document does not contain an expiration date, such as a Social Security card, it is considered unexpired.
Q. Why is only one type of Employment Authorization Document left in List A?
A. Forms I-688, I-688A and I-688B are older employment authorization documents. These are no longer issued and have now expired.
Q. In Section 1 – Employee Information and Verification, of the revised Form I-9, an employee can now attest to being either a citizen or noncitizen national of the United States. Who is a noncitizen national?
A . Noncitizen nationals are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. More information on U.S. noncitizen nationals can be found by clicking the U.S. Department of State Web site link in the “Related Links” section.
Q: Where can I get the revised Form I-9 and the Employer Handbook (M-274)?
A: An informational copy of the revised Form I-9 and the interim final rule are available online through the Federal Register and on the Immigration Forms page of the USCIS Web site. The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) is being updated to reflect the revision to the Form I-9 and will be available on the USCIS Web site in the near future. Employers who do not have computer access can order USCIS forms by calling our toll-free forms line at 1-800-870-3676. People can also request USCIS forms and information on immigration laws, regulations, and procedures by calling the National Customer Service Center toll-free at 1-800-375-5283.
Q: As an employer, can I accept documents that used to be on the Form I-9 but aren’t now?
A: No. Beginning April 3, 2009, employers may only accept documents listed on the List of Acceptable Documents on the revised Form I-9. When an employee must be reverified because his or her employment authorization has expired, employers should ensure that they use the revised Form I-9 with its new List of Acceptable Documents. An employer may not reverify the employee by completing Section 3 – Updating and Reverification on a previous version of the Form I-9.
Q: Are there any changes in the way the revised Form I-9 is completed?
A: No. The revised form should be completed exactly the same way as the old one was. Employers should be mindful of changes to the types of documents that they may accept in Section 2 – Employer Review and Verification.
Q: Is the Form I-9 available in different languages?
A: Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep it in their records. Employees may also use or ask for a translator/preparer to assist them in completing the form.
Q: Are employers in Puerto Rico required to use the Spanish version of the Form I-9?
A: No. Employers in Puerto Rico may use either the Spanish or the English version of the revised Form I-9 to verify employees.
Q: When should employers begin using the revised version of the Form I-9?
A: Employers must use the revised Form I-9 for all new hires (and reverifications) beginning April 3, 2009. The current edition of Form I-9, dated 06/05/2007, will no longer be valid for use as of that date. Employers who continue to use the 06/05/2007 edition of Form I-9 on or after that date may be subject to civil money penalties.
Q. Do I need to complete the revised version of the Form I-9 for all my employees or just the new ones?
A: Employers only need to complete the revised version of the Form I-9 (Rev. 02/02/09)N for new employees. Employers should not be completing Forms I-9 for existing employees. However, employers must use Form I-9 when their employees require reverification.
Are you using the E-Verify system?
E-Verify is a voluntary (for now), online system that allows employers to quickly check the work authorization status of their new hires.
E-Verify Facts:
- Immigration reform is a hotly debated topic
- Use of E-Verify is mandatory in 12 states
- 6.6 Million E-Verify queries were run in 2008*
- Over 1000 companies sign up each week*
- More than 100,000 employers use E-Verify today*
- 96% of workers immediately are authorized to work through E-Verify*
- Employees have the right to contest results
- 13% of all new hires were E-Verified in 2008
*Reported by Department of Homeland Security
As a designated E-Verify service provider, FYI Screening can help you join the growing ranks of those employers who use the E-Verify system to confirm the legal status of workers in the United States.
Advantages of using our system:
- Seamless integration into our online background screening system. When you order a background check on an applicant you can easily order an E-Verify check.
- Quick, accurate results
- Confirmation number provides streamlined record-keeping in one convenient online location. This is great for companies with multiple locations.
- Reduces liability by providing an electronic trail for auditing.
For more information about E-Verify, please contact us at 1-800-809-2419 or click here.
Diploma Mills: Degrees of Deception
March 24, 2009
Are you ever tempted by an email or an ad claiming you can “earn a college degree based…on life experience”? Don’t be, say attorneys for the Federal Trade Commission (FTC), America’s consumer protection agency. Chances are good that the ad is for a “diploma mill,” a company that offers “degrees” or certificates for a flat fee, requires little course work, if any, and awards degrees based solely on life experience.
Most employers and educational institutions consider it lying if you claim academic credentials that you didn’t earn through actual course work. Federal officials say it’s risky behavior: If you use a so-called “degree” from a diploma mill to apply for a job or promotion, you risk not getting hired, getting fired, and in some cases, prosecution.
Diploma mills may claim to be “accredited.” Colleges and universities accredited by legitimate organizations undergo a rigorous review of the quality of their educational programs. Although many diploma mills claim to be “accredited,” their accreditation is from a bogus, but official-sounding agency that they created. You can use the Internet to check if a school is accredited by a legitimate organization at the database of accredited academic institutions posted by the U.S. Department of Education or at the Council for Higher Education Accreditation database. (There are a few legitimate institutions that have not pursued accreditation.)
Look out for sound-alikes. Some diploma mills take on names that are very similar to well-known colleges or universities; a “dot edu” Web address is no guarantee of legitimacy, either. Keep in mind that some diploma mills use credible-sounding foreign names. Researching the legitimacy of a foreign school can be a challenge, but is clearly worth the time. If you’re having a tough time checking out a particular school, call the registrar of a local college or university and ask if it would accept transfer credits from the school you are considering.
So how can you tell if the institution you’re thinking about is legitimate? Here are some tell-tale signs of a diploma mill:
- No Studies, No Exams — Get a Degree for Your Experience. Diploma mills grant degrees for “work or life experience” alone. Accredited colleges may give a few credits for specific experience pertinent to a degree program, but not an entire degree.
- No Attendance. Legitimate colleges or universities, including online schools, require substantial course work.
- Flat Fee. Many diploma mills charge on a per-degree basis. Legitimate colleges charge by the credit, course, or semester, not a flat fee for an entire degree.
- No Waiting. Operations that guarantee a degree in a few days, weeks, or even months aren’t legitimate. If an ad promises that you can earn a degree very quickly, it’s probably a diploma mill.
- Click Here To Order Now! Some diploma mills push themselves through aggressive sales tactics. Accredited colleges don’t use spam or high-pressure telemarketing to market themselves. Some diploma mills also advertise in newspapers, magazines, and on the Web.
- Advertising through spam or pop-ups. If the school caught your attention through an unsolicited email or pop-up ad, it may be a diploma mill. Legitimate institutions, including distance learning programs, won’t advertise through spam or pop-ups.
Source: Federal Trade Commission
Next Step
- Read more on diploma mills.
- Contact us for an online demo and see why smart companies are using FYI to streamline their employee screening process. FYI Screening, Inc. is a leading global provider of employee screening solutions to corporations, government agencies, healthcare systems and educational institutions.
Smart, Compliant Hiring Decisions Made Easy
5 Rules of Twittequette
March 13, 2009
Richard McEachin, over at the The Confidential Resource, put together a nice list of Twitter tips and Twittequette:
- Twitter Etiquette: 5 Dos and Don’ts
- The Dark Side of Twitter: What Businesses Need to Know
- Twitter Style Guide
Resume Fraud A Growing Concern
March 12, 2009
Challenger, Gray & Christmas, an outplacement consulting firm, released their monthly update on CEO departures. They report that CEO departures in February 2009 were at the lowest monthly turnover since December 2004. They also report that resume fraud is a growing concern.
“Resume fraud is likely to become more prevalent in the downturn, even among high-level executives. With increased competition for available positions, there is more pressure to find and keep a position. With this pressure comes the temptation to embellish one’s education or work record. More of these embellishments are likely to be uncovered, however, as companies become more selective and more diligent in the vetting process.”
I say it’s about time companies are more selective with their C-Level Executives. Believe it or not, many companies screen their janitors more thoroughly than their executives. For more on executive screening go here.
- Read more about resume fraud.
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Photo Credit: jm3
How To Stay On Top of E-Verify
March 3, 2009
The Department of Homeland Security has launched a website that will monitor and track the stimulus money coming in to the department and going out to DHS-related projects. The website can be found at www.dhs.gov/recovery.
- Learn more about E-Verify here.
Smart, Compliant Hiring Decisions Made Easy
FYI Screening, Inc. is a leading global provider of employee screening solutions to corporations, government agencies, healthcare systems and educational institutions.
- Contact us for a 10 minute online demo of the easiest, most cost-effective and reliable solution for employee screening.
How To Use LinkedIn For Job Hunting or Networking
March 3, 2009
The folks over at cio.com have an excellent article on how to use LinkedIn Company Profiles to do research for job hunting and networking.
“Company profile pages on LinkedIn can help you tune into a company’s comings and goings, executive relationships, key business facts, and more. Here’s how to search and use LinkedIn Company Profiles to your best advantage.”
The article can be found here.
Employee Screening Articles For February 2009
March 2, 2009
In case you missed any of our employee screening articles for February, here’s a quick recap of our most popular:
Smart, Compliant Hiring Decisions Made Easy
FYI Screening, Inc. is a leading global provider of employee screening solutions to corporations, government agencies, healthcare systems and educational institutions.
- Contact us for a 10 minute online demo of the easiest, most cost-effective and reliable solution for employee screening.
Photo Credit: mateoutah
