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USCIS is using new I-9 forms starting January, are you in compliance!?

(ENTREPRENEUR NEWS) January 2017 brings changes to the I-9 form, alongside the increased penalties for non-compliance regarding their completion and retention just enacted in August 2016. Now’s the time to take a look at what’s different.

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What’s new?

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.

#I9

Roger is a Staff Writer at The American Genius and holds two Master's degrees, one in Education Leadership and another in Leadership Studies. In his spare time away from researching leadership retention and communication styles, he loves to watch baseball, especially the Red Sox!

Business Entrepreneur

Startups love pondering inclusion, yet half have no women in leadership

(STARTUPS) Tech startups are a huge part of discussing diversity and inclusion, but something as simple as hiring women in management somehow remains elusive.

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According to the Silicon Valley Bank’s annual report, over half of startups have no women on their leadership team. None.

As hard as this fact is to believe, it is also hardly breaking news. Organizations who have surveyed startups and technology companies for the past several years have seen that long-standing trends that disadvantage women and other genders in the tech space are still at play.

Like many other gendered debates about the treatment of women and other minority workers, this problem is seemingly a Catch 22 or a chicken and egg situation. Critics will continue to argue that the reason ladies aren’t in leadership roles is because they don’t have innate leadership qualities or that once their non-male employees have proven themselves, then they will start getting the resources and promotions that they say that they desire.

Like many other myths about women in the workforce, these beliefs only serve to reinforce the status quo by transferring the responsibility for these frustrating conditions onto the marginalized party.

These beliefs are busted not only because they’re tired gender clichés, but because we have hard data that proves the financial and cultural benefit in long-term effects of women leadership in tech.

However, for all the discussion of diversity initiatives, the likelihood of traditional funding going to women-led startups is still small.

For now, startups with women in leadership roles were more likely to get their funding from investing teams that were also led by females. Wouldn’t it be great if other investors began to not only understand that in 2019 it’s imperative that a company’s leadership reflect the diversity of the employees that comprise it? That workers will be more motivated, feel more understood, and have greater buy-in when they identify with their management?

Empowering women is how more get involved in tech. Diversity of leadership helps organizations thrive. And if something as simple as binary gender diversity is such a tremendous challenge, all other diversity issues are still (unfortunately) a large mountain to climb.

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Business Entrepreneur

C. J. Walker: America’s first self-made millionaire was a black orphan

(ENTREPRENEUR) When you think of our nation’s first self-made millionaire, C. J. Walker is probably not the picture that may come to mind, but this generous genius made it to the top, breaking every glass ceiling possible.

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These days, it seems like Oprah gets all the bragging rights. I don’t think it’s quite fair that some car-gifting mogul gets to bask in the glory of a path that was paved a century ago. **No offense, O Great Winfrey. You’re cool, too. Please don’t take my Altima back.**

It’s time to pay our respects to the first female self-made millionaire in America. My friends, I’d like to introduce you to your new idol, Sarah Breedlove, better known as Madam C. J. Walker.

This gal had just about every card in the deck working against her. Both of her parents and all of her siblings before her were born into slavery. Her mother died when she was five, and her father passed the following year. Orphaned, she lived with her older sister until she married at age 14.

As if that wasn’t enough, a mere two years after her first child was born, Sarah’s husband died. I mean, she just couldn’t catch a break. Unfortunate event after unfortunate event. She then moved to St. Louis to live with her brothers, working as a washer woman for a mere dollar a day. Classic rags-to-riches stuff.

Her brothers worked at a local barber shop, and she wound up learning a thing or two about hair care while sharing a home with them. This planted the seed that would lead to her working with Annie Turnbo Malone, selling African American hair care products. As she learned more about hair, she must have realized she had a knack for it, because she decided to roll up her sleeves and put some indie elbow grease in.

After moving to Denver to work on her own products, she married Charles Walker, who provided the advertising know-how that would help her venture succeed. She adopted the name C. J. Walker and began traveling and training women in the fields of beauty and sales.

Eleven years later, in 1917, she called her first convention of so-called “beauty culturists” in Philadelphia. Here, she rewarded her top agents as well as those who were the most philanthropic towards local charities.

What I love about C. J. is that as her business grew, so did her awareness of the social climate around her. She never forgot where she came from, never hesitated to give back, and never gave up. She lectured on topics such as women’s independence, helping educate other black women in the ways of business.

Upon her death, it was determined that she was the wealthiest African-American woman in the country. In true C. J. style, she left two-thirds of her future profits to charity.

If I ever get mega-famous, I’m doing it the C. J. Walker way: Keep a level head, educate and help others, and put your community first.

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Business Entrepreneur

7 books every entrepreneur should read

(BUSINESS ENTREPRENEUR) You’ve heard it said, “do as I say and not as I do.” Read these books from authors who have figured out what works and what doesn’t when starting a business.

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The power of books

If you’re thinking about leading a startup, but not sure where to go, the internet is often the first place we look. Surely, you can find dozens of blogs, articles, stories, and opinionated editorials that can help give you something to think about.

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However, there are tons and tons of great books that can help you think about what you need to get started, how you need to change your mindset, or challenges you may confront as you begin your startup journey. Take a look at the following 7 you may want to add to your bookshelf.

1. The Startup Checklist: 25 Steps to a Scalable, High-Growth Business
This text not only boasts a 5 start rating on Amazon, but offers what few books do – practical, tangible, down to earth advice. Where lots of books try to tell you a story, talk strategy, and share wins, author David Rose instead focuses on advice that assumes no prior experience – and breaks it down from the fundamentals.

2. Nail It then Scale It: The Entrepreneur’s Guide to Creating and Managing Breakthrough Innovation
Nathan Furr and Paul Ahlstrom focus on creating a lean startup by offering a step-by-step process that focuses on nailing the product, saving time, and saving money. The first step is about testing assumptions about your business, and then adjusting to growing it (hence: Nail It and Scale It). Strong aspects of this book include a great theoretical foundation, and an easy to follow framework.

3. The Founder’s Dilemmas: Anticipating and Avoiding the Pitfalls that Can Sink a Startup
Wasserman’s strength here is that he focuses not only on the financial challenges, but identifies the human cost of bad relationships – ultimately how bad decisions at the inception of a start-up set the stage for its downfall. This book is a great tool to proactively avoid future legal challenges down the row, and also discusses the importance of getting it right from the start.

4. The Hard Thing About Hard Things: Building a Business When There Are No Easy Answers
Horowitz writes about his experiences, taken from his blog, in a way that even inexperienced managers can touch and learn. The advice here really focuses on leading a start-up, and what lessons his experience has given him. Presented in a humorous, honest, and poignantly profane way.

5. The Startup Owner’s Manual: The Step-by-Step Guide for Building a Great Company
Blank and Dorf here standout due the sheer mass of this text. A comprehensive volume at 573 pages, my favorite piece for new investors is a focus on valued metrics – leveraging data to fuel growth.

6. The Subtle Art of Not Giving a F*ck: A Counterintuitive Approach to Living a Good Life
A personal favorite of mine, this book is recommended for entrepreneurs not because it’s focus on business, but as a reminder that those of you wanting to start up are people. You have limited resources to manage as a person, and will need to adjust your perspective on what you care about. This book is about changing your mindset to pick your battles and be more focused.

7. Disciplined Entrepreneurship: 24 Steps to a Successful Startup
Bill Aulet starts with an approach that entrepreneurs can be taught, and breaks down the process into 24 steps, highlighting the role of focus, the challenges you may encounter, and the use of innovation. This text wins due to its practicality for new start-ups, and a specific method for creating new ventures. It also features a workbook as an additional, optional resource. Check it out on Amazon

GET READING!

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