Following Rules and Laws Undermines Inefficiencies

The Final Rule has been issued regarding the Employment Eligibility Verfication Form, most often referred to as the I-9 Form.

The USCIS has adopted without change, an interim rule to improve the integrity of the Employment Eligibility Verification Form I-9, that was in effect since April 3, 2009.

Highlights of the Interim Rule Adopted by the Final Rule:
1. Prohibiting employers from accepting expired documents
2. Revising the list of acceptable documents by removing outdated documents and making technical amendments
3. Adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

To read the details of the Interim Rule dated April 3rd, 2009, please click the link below;

USA: Revised I-9 Guideline Takes Effect Today - April 3rd 2009

Please click on the link to read the revised I-9 Employer Handbook 

Perspectives:
Review the actual  documentation guide of the I-9 Form on pages 51, 52, and 53 of the I-9 Employer Handbook, it illustrated the different legitimate documentations that are valid and acceptable for US Employment Eligibility. The current version of the Form I-9 (Rev. 08/07/2009) is the Form that employers must use when performing the Employment Eligibility Verification of any New Hire.

A good business practice in managing Human Capital is to have all hiring managers and everyone involved in the "hiring and on-boarding process" to get trained and coached with the different concepts and appropriate documentation for I-9 compliance and management.  In that way, the risks of hiring the wrong individual will be minimized and avoid additional burden to the organization.

Oftentimes, Start-ups and small organizations miss the value of this aspect during hiring - I - 9 Eligibility Verification.  It is often looked at as a bureaucratic impediment to their  fast pace environment. However, when they see the benefit of having employees who passed the Eligibility Verification - this will keep their Human Capital Assets and organization into higher level of competency.  Risks were strategically diminished in that area.

If your organization does not have a Human Capital Management Department, hire an experienced  External HR Business Partner / Consultant, who will assist you in the execution of this 'On-Boarding Process' in that way the compliance and management of the I-9  will be executed properly.  An external HR Business Partner can help you in navigating the many areas of your Human Resources and People Management.

Share us your thoughts and ideas by sending your email to: info@jntconsulting.com or write your comments at the comments section below. 
 

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USA: New Version of I-9 Employment Eligibility Verification Form in USA

It is time to update your I-9 Form.

As a strategic HR Professional or Employer, it would be a best practice to make sure that you have the most current version of the Employment Eligibility Verification Form - called I-9 Form.

The USCIS have released recently the newly revised I-9 Employment Eligibility Verification Form with an expiration date as August 31, 2012.

The link to the new version of the form is provided below:
New Version of I-9 Employment Eligibility Verification Form

Observations:
Please make sure that you will abreast yourself with the new changes in this Form.
1. Pay attention on Section 1 - some changes were made
2. Pay attention on List A colum, List B and List C columns. There are some changes about Acceptable Documents that will validate eligibility for an employment in the United States

It is highly critical to be compliant (reference: US Intensifies Audits of Employers by Miriam Jordan, Aug 18, 2009, The Wall Street Journal) and Juntee Terrenal, Global Human Capital Consultant of JNT Consulting, LLC recommends that every HR Professional who is responsible for the New Hire On-boarding procedure must execute proper I-9 Form compliance.

If your company does not have a Human Resource Department or competent HR Personnel who is knowledgeable in the administration of the I-9 Employment Eligibility Verification Form, contact the assistance of an experienced consulting company, like JNT Consulting. Their Professional Consultants may be able to assist you.

JNT Consulting provides consultative guidance and audit of your I-9 Forms. For assistance do not hesitate to contact us at: info@jntconsulting.com 

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USA: USCIS' ICE Launched New Audit Initiative

On July 1st, the USCIS - ICE have announced its initiative on 'Notices of Inspection' (NOIs) to 652 businesses nationwide. The Notices alert business owners for the inspection of their hiring records to determine whether or not they are following or complying to the eligibility verification laws and regulations.

Click on the link to read the details of ICE Audit Memo dated July 1, 2009

To quote: "ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law, This nationwide effort is the first step in ICE's long-term strategy to address and deter illegal employment," said Department of Homeland Security Assistant Secretary for ICE John Morton.

In April 2009 - JNTC Articles provided the effectivity date of the Revised New Regulation on the I-9 Eligibility Compliance Guideline.

In February 2009 - JNTC Articles provided an update regarding the continuing improvement on the Management of I-9 Compliance.

Observations:
1. Any employer that hires foreign workers must validate the eligibility of the
candidate for employment in the United States.

2. Understand the Guideline on I-9 Compliance and Management of this Program

3. Seek the assistance of an experienced Consultant at JNT Consulting for
guidance on this compliance in order to make sure that employer's responsibility
is complied upon.

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USA: Revised I-9 Guideline Takes Effect Today - April 3rd 2009

Today, April 3rd 2009 is the effectivity of the New I-9 Form and Employment Eligibility Verification.

U.S. Citizenship and Immigration Services (USCIS) released a reminder for all employers that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect today. The revision date is printed on the lower right-hand corner of the form.

Employers may no longer use previous versions of the Form I-9.

The revised list improves the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee’s identity and employment authorization and compromises the Form I-9 process.

The new edition of the Employer's Handbook is available for download at the USCIS website.

Observation:
It is strongly suggested that representatives of hiring employers will understand the new changes for I-9 compliance. Seek the guidance of JNT Consulting LLC for your I-9 compliance if you don't have the necessary competencies in executing them.

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USA: Continuing Updates: US Employment Eligibility - I-9 Form

The USCIS released an announcement in January 30 2009 about its 60 days period up to April 3rd 2009 - the implementation of the an interim final rule "Documents Acceptable for Employment Eligibility Verfication" which was published in the Federal Register on December 17th 2008.

The public will have more ample time to provide comments at the Federal Register. This public comment will end on March 4th 2009. Interested parties who would like to share their opiniions or comments can visit this website: http://www.regulations.gov/

The interim final rule will provide an amendment of the regulations governing the types of acceptable identity and employment authorization documents which employees can present to their employers when completing the I-9 Form (Employment Eligibility Form). Under the interim rule it prohibits the acceptance of an expired document to verify an employment authorization.

Observations:
As an employer's representative - the HR Professional who will be conducting the validation of acceptable identification documents for the I-9 Form must take an extra moment and effort in understanding appropriate documents that are acceptable.

As necessary, attend continuing education that are focused on Managing I-9 Eligibility Documents and Compliance. Seek the assistance of a qualified and experienced HR Consultant on Employment Eligibility and Work Permits.

There is a high risk for both the employer and the HR Professional when a new hire will be found to be using a non-acceptable document.

For questions or inquiries regarding additional information to compliance please contact: info@jntconsulting.com

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