With January 2017 bringing changes to the I-9 form, alongside the increased penalties for non-compliance regarding their completion and retention just enacted in August 2016, it’s a good time to take a look at what’s different, as well as the possible ramifications if you’re not completing them correctly.
Changes to the form I-9
The current I-9 form doesn’t look like a technically complex document, but it’s got the potential for both the new employee and the HR professional assisting them to make costly mistakes. The new revisions attempt to address many of the sources of common errors, all of which can lead to fines for the employers. Revisions include:
Information Verification Assistance: Select fields of the new I-9 form will have tools in place to ensure that numerical information (such as Social Security numbers or dates) are entered correctly, by using calendars and drop-down menus to provide information. QR codes are also now generated for each form once printed to allow for ease of tracking documents in audits.
Document Aids: The new I-9 will have instructions embedded within the document to assist users in knowing exactly what to do. These will be supported by intuitive spots that allow the user to access the instructions on demand, as well as print and clear the form, as desired. HR professionals will appreciate the addition of an area that’s solely dedicated for the entry of required information, such as Temporary Protected Status or Optional Practical Training extensions, which is now currently placed in the margins, lacking a permanent place.
Substantive Changes: There are several substantive changes in addition to the cosmetic ones.
Section 1 changes to provide additional space to enter the names of multiple preparers and/or translators, along with an affidavit statement if the employee didn’t use any assistance in completing their I-9. Additionally, the requirement that employees use all other names has been changed to only reflect the need to provide all other last names. Finally, immigrants are no longer required to provide their I-94 Form number and their foreign passport information.
Section 2 provides a new “Citizenship/Immigration Status” field.
Instructions have also been separated from the form. These are still required to be provided to the employee when filling out the I-9 form. Although there are a great number of electronic enhancements to the form, it does not yet meet the definition of an electronic I-9 as found under the law. Employers will still be required to have the new employees complete the form, print it, and obtain a hard signature.
Why do I care?
Because ignorance is expensive, and lack of compliance with this requirement can not only be costly, but can prevent your business from being able to bid for government contracts or receive federal benefits. Not enough?
If employers responsible for ensuring the completion of the forms are found to have falsified documents or otherwise acted in bad faith, you can go to jail.
How expensive? New penalty schedules placed into effect by the Justice Department raise the minimum fines for paperwork violations from $110 to $216 and maximums to ten times that amount, jumping from $1,100 to $2,156. These penalties are for each incorrect I-9 form. For those companies which choose to knowingly hire undocumented workers, first offender penalties now range from $539 to $4,313 per employee. For companies who have done this more than once, or who show a pervasive pattern of hiring ineligible employees, fines now range from $6,469 to $21,563 for each ineligible employee hired.
“It is more important now than ever for companies big and small to make sure they have effective policies and procedures in place for properly ‘I-9ing’ employees during the onboarding process,” said Mitch Wexler, an immigration attorney speaking to the Society for Human Resource Management on the issue. “This includes a regular review of existing I-9s and training staff that touch this critical function.”
Ok, so that sounds bad, but what’s the real risk? In 2013, Immigrations and Customs Enforcement (ICE), the federal agency responsible for enforcement of the correct completion of I-9 forms, levied over $15 million in fines to nearly 700 companies for their lack of compliance, along with the arrest of 179 employers for their complicity in falsifying or incorrectly completing the I-9 forms.
This is a problem that can quickly spiral out of containment for you once an audit happens, even for seemingly minor clerical mistakes.
What should I do?
While the completion of the I-9 document may seem like a trivial detail, it’s obviously one that can cause you to meet a significant pain point if not done correctly and in time.
Know Your Responsibilities
Knowing the basic requirements and the retention schedules will go a long way towards ensuring that you don’t run afoul of the law. Let’s review:
- You have to do it: I-9 forms are required to be completed at any time you hire someone in exchange for wages or items of value (such as food or lodging). The requirement is applicable to employees hired after November 6, 1986. For employees hired before that date and who have been continuous in their employment and the expectation of continued employment, the requirement doesn’t apply.
- You have to do it fairly quickly: The I-9 form must be completed in a timely fashion. Employees must complete Section 1 at the time of hire, which is the first day of employment. They can fill out Section 1 at the time that you make the job offer, and they accept but not sooner. As the employer, you’ve got to review the employee’s document selection from Columns A, B, or C and complete Section 2 within three business days of hire. This isn’t negotiable. If they can’t provide you those documents, or if you can’t get to Section 2 within three business days, they shouldn’t be working. If you’re new employee is a hire for fewer than three business days, then Sections 1 and 2 must be completed at the time of hire.
- You have to know what documents are required: The employee’s responsible for showing you original, unexpired documents that establish their identity and employment authorization. The employee has the right to choose what documents they present to you. They must provide one from List A (identity and employment authorization), or one from List B (identity only) and one from List C (employment authorization only). For E-Verify participants, only List B documents with a photograph are acceptable.
This process needs to be done face-to-face with the new employee; federal regulations require that the new employee be physically present with the examiner during the review of documents.
All documents presented must be authentic and unexpired. You may copy the documents that the employee provides to you, but you must do it for all of your employees, regardless of their citizenship status or nation of origin.
- You have to keep them handy: The I-9 form must be kept separately from the employee’s personnel file, and must be retained for as long as the employee works for the company. Once they’ve moved on, the retention rules shift; you must determine the later of these two conditions: three years after hire date, or one year after the day that the employee terminates employment. I-9 forms can be maintained in multiple formats (paper or electronic), but must be accessible for review and audit.
Don’t be sketchy
Acting in bad faith is a quick path to see fines increased to the maximum and run the real risk of going to jail. If you find yourself in a situation that tempts you to alter dates, forge signatures, or hire those without proper documentation, think long and hard.
While a federal audit might be years in coming, or never come at all, is this the type of business practice that you want to maintain? Is that who you are?
Be careful of allowing even small ethical lapses slide into your business practices; what’s a small intentional oversight in this corner today can easily be spread to others tomorrow.
Furthermore, that teaches your employees that it’s acceptable to cut corners, and once that attitude festers and takes root, it’s nearly impossible to predict the amounts of damage that it can cause.
Train, train, train and audit, audit, audit
Make certain that the trained staff who handles these documents are also well-trained on their responsibilities and the proper procedures to take when completing them. The U.S. Citizenship and Immigration Services (USCIS) department has wonderful training aids to assist in ensuring that your employees know what to do, and the Society for Human Resource Management is a resource for FAQ and good practical, in-the-trenches advice on pitfalls and scenarios that HR professionals face daily.
Beyond training, ensure that you take the time as a part of your annual HR calendar to set a time to perform a self-audit of current and stored I-9 files.
By making certain that you’re well trained on how to properly complete these forms, and taking the time on a regular basis to self-identify and correct any mistakes on forms, you’ll be moving towards full compliance and have nothing to fear in case of that eventual audit.
Here’s why you shouldn’t start a startup
(BUSINESS ENTREPRENEUR) Building your own startup and being your own boss sounds tempting, but be sure you make these considerations before starting out.
2020, a year for our generation that will most likely be marked in infamy for decades to come. At least I hope that this is the bottom of the barrel, because if there’s even further to go… Those fallout shelters are starting to look homey.
A lot of people, myself included, are looking for different options for new careers. Maybe it’s time to place some faith in those back-burner dreams that no one ever really thought would come to fruition. But there are some things about starting up a new business that we should all really keep in mind.
While you can find any number of lists to help you to get things going, here’s a short list that makes beginning a new business venture a monumental effort:
- You need to have a unique idea with an impeccable execution. Ideas are a dime a dozen. But even the goods ones need the right business-minded person behind it to get things going for them.
- Time, time, and more time. To get a startup to a point where it is sustainable and giving you back something that is worthwhile, takes years. Each of those years will take many decisions that you can only hope will pan out. There is no quick cash except for a lottery and you have to be extra lucky for those to get you anything. This whole idea will take years of your life away and it may end in failure no matter what you do.
- You have to have the stamina. Most data will show you that startups fail 90% of the time. The majority of those are because people gave up on the idea. You have to push and keep pushing or you’ll never get there yourself. Losing determination is the death of any business venture.
- Risk is a lifestyle. To get anywhere in life you have to risk something. Starting a business is all about risking your time and maybe your money to get a new life set up. If you can’t take risks for the future then you can’t move up in the business world.
- Bad timing and/or a bad market. If you don’t have a sense for the market around you, which takes time and experience (or a lot of luck), you won’t make it. A keen business sense is absolutely necessary for you to succeed in a startup. Take some time and truly analyze yourself and your idea before trying something.
- Adaptability is also a necessity. The business world can be changed at the drop of a hat, with absolutely no warning. Rolling with the punches is something you have to do or every little change is going to emotionally take a toll on you.
- Lastly, not all of this depends upon your actions. If you start something that relies on investors, you’re likely going to get told “no” so many times that you’ll feel like it’s on repeat. Not everything is dependent upon your beliefs and whims. You need to be able to adjust to this and get people to see things from your point of view as well. But ultimately, it’s not all about you, it’s also about them.
These are just a few ways that starting a startup could stress you out. So, while the future could be bright, stay cautious and think twice before making any life changing decisions.
Restaurants: Going digital is simple with these tools
(BUSINESS ENTREPRENEUR) In 2020, restaurants going digital is critical. Luckily, it’s also easy, safe, and may even save you money.
So, you own or manage a restaurant and you have yet to “digitize” your menu for COVID-era safe ordering? No problem! Transitioning your menu and service to the virtual realm has never been easier. There are a ton of options for restaurants to choose from to keep your customers feeling at-ease, your front-of-house staff happy, and the whole service experience streamlined for all parties involved.
A free app with over 500 restaurant partners and 5k+ active users, AAHI is a user-friendly platform that uses QR codes to share menus and NFC for contactless payments. AAHI boasts a 25% order increase for participating restaurants and who can say no to that, especially during these tough times. Additionally, you’ll be cutting down on operational costs by around 30% (better tech equals less need for servers!), and your laid-off staff will be able to collect unemployment if they need to.
Another free (up to 200 views a month) app with an emphasis on curbside pick-up is Orderlina. Customers scan a QR code, which takes them to the same menu they would see if they were going to eat in, making it an integrated experience. A bonus is that the app links your menu to your social channels. I always say, free marketing is never a bad thing! Plus, you’ll be more likely to gain followers and receive micro-content from satisfied customers. Win-win!
Especially with winter right around the corner and outdoor seating becoming an increasingly limited option (especially depending on where you live), everyone in the industry is eventually going to have to make the shift to digital – the question is when. Physical menus have become a thing of the past. Not only are they potential vessels for spreading COVID-19, but if you are using disposable paper ones, you’re undoubtedly creating unneeded waste. Same goes for the exchange of cash, or card payments that require contact. Good riddance!
The common goal across the entire industry right now is to stay open and bring in capital in whatever capacity possible, while also maintaining a healthy staff and a pleasurable, safe experience for patrons. That’s going to require some adjustment and creativity compared to service pre-COVID. By converting to digital, you are putting your best foot forward into the uncertain future for the restaurant industry.
Scientifically check your risk for burnout with this free quiz
(BUSINESS ENTREPRENEUR) This new tool lets you take a free self-assessed, science-based burnout test to give you an idea of how much self-care you need.
Concerns of keeping self-care and mental health in a positive spot – specifically in relation to burnout – have been a hot topic of discussion. While COVID-19 has exacerbated these concerns and stress levels, the issue of burnout has been around for quite some time.
Work burnout is often discussed within terms of work-life balance. Simple ways to avoid that crash are enforcing a hard stop on reading or responding to emails at a certain time of evening, or to continuously clean your workspace. Easier said than done, but it is critical.
But sometimes you have to look at the nitty gritty. Sometimes you have to ask difficult questions about your job and your personality in order to understand how burnout is impacting you. This can now be done with Global IT Burnout Index, a free, science-based assessment to tackle your stressors before it’s too late.
This is geared towards people working in tech (as the website reads, “burnout in tech is high and real”), but is useful for any industry.
To begin, you simply start the quiz and answer a few questions about yourself and your job (e.g. “I find it difficult to relax after a day of work” and then you answer based on how strongly you agree or disagree).
There are 10 total questions, and no personal information is asked (no name or email). It is open data, meaning it will help people on the other side better understand burnout; but, it’s totally anonymous.
The quiz takes no longer than 2 minutes. At the end, it will give you a number out of 6 measuring your burnout rate. The higher the number, the more likely you are to experience burnout.
Burnout has the ability to manifest physically and mentally, and can take a toll on your body and mind. Knowing if you’re experiencing high amounts of activity that can lead to burnout can help you know if you need to take precautions to change things in your life or job.
For those of us working from home, the situation is a Catch-22. You aren’t currently forced into a stressful commute. But it’s harder to pull yourself away when 5pm (or whatever your end time is) rolls around.
For people in the office or on site, it’s the same thing. You get to socialize (safely, obvi) with your coworkers, but there’s those on-site pressures.
No situation is perfect, but understanding if you’re in a situation where you could use a change or some help is incredibly important – especially these days.
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