E-Verify and I-9 compliance are straightforward processes on paper, but often contribute to an office overload of paperwork, files, and upkeep. It’s important for companies to understand their requirements regarding I-9 and E-Verify and evaluate their best practices for keeping records up to date.
E-Verify and I-9 Explained
Form I-9 verifies the identity and employment authorization of individuals gaining employment in the US. All US employers must ensure the completion of form I-9 for every individual hired, including citizens and non-citizens. Within three days of hiring, form I-9 must be completed by both the new hire and the HR person or another designated individual. I-9’s must also be kept for 3 years from the date of hire or one year after the date employment ends, whichever is later. According to Hector Chichoni, an attorney with Duane Morris in Miami, employees who present work authorization with an expiration date must be re-verified before that date.
E-Verify was established in 1996 to deter employment of undocumented workers. The process is completed through the department of homeland security and allows businesses to verify the eligibility of new hires to work in the US. Not all states have the same rules and regulations regarding E-Verify. Some states require only state agencies and contractors to submit E-Verify, others require all employers to use E-Verify. The process is completed online and takes only minutes to complete once the employer has the I-9 information.
I-9 compliance and fines
Form I-9 is a serious matter and often files are incomplete or contain errors. This can cost the company hundreds to thousands of dollars in fines. Some estimates suggest that 60-80% of paper I-9 forms are incorrect or contain missing information. Common mistakes include failure to complete paperwork within 3 days, missing identification documents such as a state ID or green card. Each mistake is a separate fine, which can add up quickly. US Immigration and Customs Enforcement (ICE) is responsible for checking employer I-9 files and may randomly select any number of files from any business at any time. It’s imperative for employers to ensure their files and documents are organized and accurate.
E-Verify Issues
Mistakes on an I-9 can affect the E-Verify results and could possibly deny employment for an individual. If the information the employee provided doesn’t match the information in the government database, the employer will receive a tentative non-confirmation, referred to as a TNC. The employee then has 8 days to contest the TNC. If it isn’t resolved, either due to the employee’s inaction or a TNC denial, it is then converted to an FNC, final non-confirmation, and the employee is ineligible for work. Failure to fire the employee costs the employer anywhere from $500-$1200 in fines for each FNC employee. The most recent statistics, put out in 2017, state that 1.1% of cases resulted in a TNC, and just 0.15% of those were E-Verify search errors. It’s absolutely necessary to reaffirm your state E-Verify laws each year to ensure you’re operating under the correct compliance laws.
Third party Services
Background screening companies, like Critical Research, offer electronic I-9 and E-Verify services. Our platform connects employers to our partner I-9 service, allowing employers to keep all of the applicants information in one place. E-Verify can be processed following electronic I-9 completion simply with a click of a button. Clients have access to their background check report, I-9 and E-Verify information on one easy-to-use platform.
Our I-9 service also sets automatic reminders for important file dates – when a terminated employees file can be deleted or when a file needs to be updated, so you don’t incur any egregious fines when ICE comes knocking. There are a few small steps to take before an employer can implement our I-9 and E-Verify services, but one of our FCRA-certified team members can answer any questions and guide you through the steps.
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Critical Research is committed to educating employers on the importance of compliance in hiring. We continue to look for relevant topics to engage readers and bring understanding to the complexities of hiring. For information on how we can help you move applicants from interview to orientation, contact us.