Clear I-9 | Form I-9 and E-Verify Blog

Going Through a Merger or Acquisition? Don’t Forget About Form I-9s

Wed, 24 Jan 2024 16:02:00 GMT

Your company is about to acquire a new business, or it's about to merge with a new corporate business partner. While the process of merging or acquiring another company can be very exciting, there are certain precautions you have to take to ensure that this reorganization is successful.
The journey into a new acquisition or merger brings excitement, but it also demands meticulous planning for success. The complex world of mergers and acquisitions (M&A) becomes even more intricate when employment eligibility compliance issues are in play.

Before Finalizing the M&A Transaction: Review All I-9 Forms

All parties involved in an M&A must meticulously review their employee documents, especially Form I-9s, to ensure that their employee documents, including Form I–9s, are both comprehensive and fully accurate. By doing so, you can prevent costly fines and penalties from federal investigations.
If your business is the acquiring party , you are not obligated to review the target company's Form I-9 documents until you complete the entire acquisition process.
If your business is being acquired , you are not obligated to provide any documents beyond the legally required ones until the acquisition is finalized and you become a subsidiary. However, preemptive sharing fosters transparency and aids in addressing any compliance issues promptly.

Essential Steps for a Successful I-9 Audit

A comprehensive I-9 audit is vital during M&A. The acquiring business should look for certain specific issues or warning signs when conducting an audit of the target company’s I-9s. As advised by SHRM and The National Law Review , Form I-9 fines have recently increased and even minor errors can lead to fineable offenses.

SHRM recommends that the acquiring business should:

Verify that the total number of I-9s aligns with the master list of payroll employees.
Review each Form I–9 for completeness and accuracy.
Rectify any errors found during the audit.

Understanding the extent of compliance issues early allows informed decision-making.

Do I Have to Complete a New I-9 for Employees During an M&A?

According to the United States Citizenship and Immigration Services (USCIS) , employers who have acquired another company or have merged with another company may choose to treat employees who are continuing their employment with the related, successor, or reorganized employer as:

New hires, in which case employers must complete a new Form I-9, Employment Eligibility Verification; or
Continuing in employment, in which case employers must obtain and maintain the previously completed Form I-9.

You must ensure your company continues meeting timelines for I-9 completion, including completing Section 1 no later than the first day of employment and finishing Section 2 within three business days of employment. Also, note that the “effective date” of the merger or acquisition needs to be included as the new employment date in Section 2 of each I-9.

I-9 Compliance and Existing Policies During an M&A

Employers who choose to keep existing I-9s that were previously completed assume responsibility for any errors or omissions on those forms. Consider revamping your I-9 compliance processes if the acquisition has a more favorable policy.

Finally, the newly unified company will be legally responsible for all employment verification paperwork, but leaders of both organizations will have to be involved in any audit process.

Remember These E-Verify Deadlines During an M&A

Employers who are using E-Verify as required by the Federal Acquisition Regulation (FAR) clause may decide to verify, or re-verify their entire workforce. Whether you’re using E-Verify, employers must adhere to specific timelines during M&As, these include:

When choosing to verify the entire workforce , you have 180 days from the effective date of the merger or acquisition to create an E-Verify case for each of the non-exempt employees acquired from the target company.
When choosing not to verify the entire workforce, you have 90 days from the effective date of the merger or acquisition to create an E‑Verify case for each of the non-exempt employees who joined the company due to a merger with or acquisition of the target company.
Create cases for newly hired employees within 3 business days of their start date, regardless of the acquisition timeline.

A New I-9 Process for a New Merger or Acquisition

Careful due diligence during an M&A is essential for a successful transition and risk mitigation. With HRlogics’ Clear I-9 , you can create error-free I-9s and track all related documents, updates, and expirations in real time. Leverage a customizable dashboard and robust reporting capabilities, including I-9 audit trails. Partner with Clear I-9 to keep your I-9s safe and accessible during the complex M&A journey.

New Year; New Hires: Watch Out for Improper Form I-9 Verification Traps

Mon, 08 Jan 2024 15:34:00 GMT

The new year is here and while some employers may be laying off workers , others are in the middle of peak hiring season. If your organization is among the many hiring talent this new year, it’s important to understand the Form I-9 verification traps that await your onboarding team.

Avoid These Common Form I-9 Verification Mistakes

Many employers are aware of how administrative errors during the Form I-9 verification process can lead to hefty fines and penalties incurred from a failed I-9 audit. Common employment eligibility verification mistakes often include:

Inaccurate or missing information on the I-9
Failure to comply with current Section 2 requirements for remote workers
Improper storage and retention of I-9s and related documents
Misuse of E-Verify
Faulty rehiring and revivification

All the errors above can land an organization in hot water during an I-9 inspection. However, employers should also be concerned with how they verify identification and work authorization documents to avoid unfair hiring practices and discrimination.

Florida Employer Faces DOJ Fines for Form I-9 Non-Compliance

Recently, the Department of Justice (DOJ) announced‌ that it had settled an agreement with a Florida-based employer. The DOJ had claimed that the employer violated the Immigration and Nationality Act (INA) . According to the case, the organization discriminated against an employee while checking whether the employee had ongoing permission to work.

According to the settlement agreement , following the complaint, the DOJ found the employer had discriminated against a lawful permanent resident. The employer had rejected valid documents, insisting on unnecessary proof with an expiration date to verify citizenship. Upon failure to comply, the worker was terminated.

Federal law allows workers to choose valid documentation for identity and work authorization, irrespective of citizenship or immigration status. Employers cannot demand excessive or preferred documents. The DOJ, in this case, emphasized the importance of accepting facially valid documents for Form I-9 compliance.

Despite denying intentional discrimination, the employer has agreed to rehire the worker and pay a $7,122 penalty, while taking future steps to ensure fair employment practices. The company is required to train HR staff on anti-discrimination provisions and offer an alternative if their software rejects valid documentation.

The anti-discrimination provision of the Immigration and Nationality Act (INA), as amended, prohibits four types of unlawful conduct:

Unfair documentary practices
Citizenship- or immigration-status discrimination in hiring, firing, and recruiting
National Origin Discrimination in hiring, firing, and recruiting
Retaliation or intimidation

The Department of Justice’s Civil Rights Division, Immigrant and Employee Rights Section (IER), enforces this law.

“Employers that discriminate against workers by rejecting their valid documents or requiring that they show unnecessary documents to prove they can continue to work violate federal law,” says Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division. “The Justice Department will continue to hold employers accountable for unlawfully discriminating against workers because of citizenship, immigration status or national origin.”

What Documents Are Acceptable for Form I-9 Verification?

As a U.S. employer, you must allow employees to present whatever documentation they choose under the “List of Acceptable Documents” and must not reject valid documentation that reasonably appears to be genuine.

Learn more about acceptable documents in our blog: Do You Understand the ABCs of I-9 Documentation and Verification?

Although the monetary settlement in this specific case can be considered minimal, the company was required to train its Human Resources staff on the INA’s requirements and provide an alternative way of accepting a worker’s documentation if the company’s software will not accept a worker’s valid documentation.

There are so many Form I-9 legal requirements to stay ‌on top of that it can often become overwhelming. Electronic I-9 compliance solutions can help ease the burden of meeting these requirements by ensuring that you complete each I-9 accurately, on time, and with proper documentation.

Discover how HRlogics’ Clear I-9 can help you comply with all Form I-9 and E-Verify regulations and contact us today .

5 Ways PEOs Can Retain Clients in the New Year

Wed, 03 Jan 2024 17:58:00 GMT

Employers choose a Professional Employer Organization (PEO) solution provider based on their organization’s specific needs. With the new year upon us, employers may be reevaluating their choice due to a variety of reasons, from changes in business growth, seasonal hiring, and mergers and acquisitions to compliance challenges, cost management considerations, or technology upgrades.

If your PEO’s customers are in the process of renewing their contracts this new year, don’t lose customers due to poor performance from your service partnerships. Instead, invest in solutions like HRlogics , which offer PEOs the ability to customize their compliance offerings to fit the needs of their customers and put client care at the forefront of our company mission.

When looking to retain clients in 2024, consider these five tips:

1. Invest in Cutting-Edge HR Compliance Software

Invest in state-of-the-art HR compliance software solutions, such as HRlogics , that streamline processes, enhance efficiency, and provide a seamless experience for both employer clients and their employees. Look for platforms that offer features like simplified ACA reporting , convenient I-9 document verification , and comprehensive unemployment cost-saving solutions tailored for PEOs.

2. Ensure Compliance with HR Laws

Compliance is critical for client satisfaction and avoiding legal issues. Emphasize the importance your PEO places on staying compliant with ever-changing HR laws and regulations. When you choose partner solutions like HRlogics , for example, you can offer real-time alerts on potential noncompliance, ensuring that your clients' practices remain in line with current ACA reporting requirements.

3. Offer Customizable Reporting Features Tailored for PEOs

If your PEO sources a new HR vendor solution for client retention, ensure that it provides robust reporting and analytics capabilities. With HRlogics , for instance, we can generate customizable reports on variable hour employee tracking, manage Affordable Care Act (ACA) plan information and enrollment data, and populate codes. This data-driven approach helps retain employer clients, as they can make informed decisions and optimize workforce management while remaining in compliance with complex laws like the ACA.

4. Assist with Business Tax Credits and Deductions

Leverage your expertise to guide clients in obtaining incentives through valuable business tax credits, such as the Work Opportunity Tax Credit . With solutions like HRlogics , for example, your PEO can integrate features to help identify eligible candidates and streamline the application process, making it easier for employers to take advantage of these financial benefits. By demonstrating value beyond basic HR functions, you’re strengthening the relationship you have with employer clients.

5. Provide HR Training and Support

As a PEO, you should provide your clients with invaluable training programs to ensure they maximize the benefits of using your HR software and compliance solutions. This includes educating them on how to use different features, navigate the platform effectively, and leverage the software for strategic decision-making. When you partner with solutions like HRlogics , we’ll guide your team and offer ongoing support to ensure that your clients feel confident in using our innovative software.

As a PEO, you have the chance to wow your clients this new year by offering them innovative software solutions that will help them remain in compliance with the ever-changing world of HR. As you seek new opportunities to retain your current clients and attract new ones, keep these five ideas in mind.

About HRlogics

Partner with HRlogics and assure your clients that we can offer only genuine compliance solutions. Our seasoned experts provide you and your business with the respect, transparency, and unwavering support it deserves. With a commitment to integrity and service, HRlogics will help your clients navigate their toughest compliance challenges with confidence, and take the burden off your team’s shoulders.

Do You Have These 5 Essential Policies In Your Employee Handbook? Part 5: New Hire and Separation Policy

Fri, 22 Dec 2023 15:00:00 GMT

As we approach the new year, it's a pivotal time to revisit and enhance your employee handbook, aligning it with the latest industry standards and legal requirements to maintain compliance.

As Jamie Lucas, HR Business Partner at HRlogics says, “It is no secret that we live in an ever-changing world, so staying on top of your handbook is vital!” Lucas suggests regular reviews, considering employee feedback, and ensuring your handbook reflects your company culture alongside policies.

Lucas adds, “To streamline this process, consider transitioning to a digital handbook, ensuring seamless updates.” When implementing changes, Insperity recommends dating the updated handbook, distributing it electronically, and requesting employees to review, sign, and date an acknowledgment form, maintaining a record in each employee's personnel file.

Throughout a series of blog posts, we've explored four essential policies that you’ll want to review and revise for your 2024 handbook. Today, we’ll look at the final policy: the New Hire and Separation Policy — which serves as a guide through the stages of employment, from onboarding to potential separation.

Explore the key elements below and consider these insights to ensure your handbook stands the test of time.

New Hire & Separation Policies: Setting Expectations from Onboarding to Offboarding

A well-structured New Hire and Separation Policy is an essential component of any employee handbook, serving as a guide through the various stages of employment, from onboarding to potential separation. This section details the key elements to incorporate into this policy:

Terms of Employment: Clearly outline the fundamental terms of employment for new hires, including the start date, position, and employment status (full-time, part-time, temporary). Specify the length of any probationary period and the criteria for successful completion.

Benefits Eligibility: Communicate the eligibility criteria for employee benefits, such as health insurance, retirement plans, and other perks. Highlight any waiting periods before benefits become effective, ensuring that new hires understand the timeline for accessing these offerings.

Transfers and Relocation: If applicable, include information about the company's policies regarding employee transfers and relocations. Specify any notice periods required for transfers or moves and outline the support or assistance provided for relocation.

Documentation Requirements: Outline the documentation that new hires must provide upon joining the organization, such as identification documents , tax forms, and other essential paperwork. Clearly communicate the deadline for submitting these documents.

Employee Handbook Acknowledgment: Emphasize the importance of new hires reviewing and acknowledging their understanding of the policies outlined in the employee handbook. Provide a mechanism for employees to confirm their awareness and agreement with the established guidelines.

Separation Process: Provide an overview of the separation process, outlining the steps employees can expect if they choose to terminate their employment or if the organization initiates separation . Include information on exit interviews, return of company property, and any post-employment obligations.

Eligibility for Benefits Upon Separation: Clarify the eligibility criteria for benefits upon separation , addressing whether departing employees are entitled to continued health coverage, the duration of this coverage, and any other post-employment benefits.

Notice Periods: Specify any notice periods required for voluntary resignations or terminations initiated by the employer. Highlight the importance of providing adequate notice to facilitate a smooth transition and maintain positive relationships.

Transparency on Referrals and Rehires: Address the organization's stance on rehiring former employees and clarify any policies related to rehired individuals participating in referral programs. This ensures transparency and consistency in program eligibility.

Continuous Policy Updates: Reinforce the commitment to periodically reviewing and updating the New Hire and Separation Policy to align with changes in legislation, industry standards, and organizational needs. Encourage employees to stay informed about any policy revisions.

By incorporating these elements into your New Hire and Separation Policy, your organization establishes a comprehensive framework that not only facilitates a smooth onboarding process but also guides employees through potential transitions, contributing to a positive and informed workplace experience.

Employment laws and regulations are subject to change, and we urge organizations to review and update their policies regularly to ensure compliance with the latest legal requirements. Communication with legal counsel is essential to address specific concerns and maintain a handbook that aligns with the prevailing legal landscape.

Remain Compliant All Year Long with HRlogics

Stay confidently compliant year-round with HRlogics , your trusted partner for compliance excellence. Outsource compliance burdens — like ACA reporting , Form I-9 verification , and unemployment claims management — to HRlogics , and rest assured that you’re safeguarding the future of your business.

Our dedicated and knowledgeable experts ensure that your business adheres to compliance regulations seamlessly, allowing you to focus on what you do best. Experience seamless compliance management with HRlogics’ user-friendly software, simplifying complex HR processes and empowering your team to confidently remain in compliance.

The information provided in this blog is for general informational purposes only and should not be construed as legal advice. While we strive to keep the content accurate and up-to-date, it may not reflect the most current legal standards or interpretations.

Do You Have These 5 Essential Policies in Your Employee Handbook? Part 4: Compensation and Benefits Policies

Wed, 20 Dec 2023 17:31:00 GMT

Throughout the past few weeks, we've been showcasing the significant policies to incorporate in your company's handbook this new year. From Ethics Policies to Communication and Company Devices Policies , and Nondiscrimination Policies , these documents provide a valuable blueprint for how your company manages the employee lifecycle. Another important policy you’ll want to incorporate into your handbook is a Compensation and Benefits Policy.

As the year comes to a close, some organizations are undergoing seasonal reductions in force (RIF), while others are ramping up for new year hiring. No matter where your organization is at, ensuring you have a Compensation and Benefits policy in your company’s handbook will help answer vital employee questions during RIFs or when recruiting new talent this new year.

Compensation and Benefits Policy: Clarifying Rewards and Entitlements

A comprehensive Compensation and Benefits policy serves as a crucial reference for employees, providing clarity on their entitlements, your company's approach to compensation, and the legal parameters surrounding employment. This section explores the key components you’ll want to include in your Compensation and Benefits Policy:

Compensation Philosophy: Begin by articulating the overarching compensation philosophy that guides your organization. Communicate the principles that govern how compensation decisions are made, emphasizing fairness, competitiveness, and alignment with the company's values.

Base Salary Structure: Outline the structure of base salaries, including how salaries are determined, the frequency of pay periods (weekly, bi-weekly, monthly), and any variations based on employee classifications. Specify whether the company adheres to state or federal minimum wage requirements.

Overtime Policy: Clearly define the policy regarding overtime work, including eligibility criteria, compensation rates for overtime hours, and any restrictions on excessive overtime. Ensure compliance with the Fair Labor Standards Act (FLSA) and other relevant labor laws.

Bonuses and Incentives: Detail the conditions under which employees may be eligible for bonuses or incentive programs. Specify the criteria for bonus awards, the frequency of distribution, and any performance metrics tied to incentive programs. Highlight that these programs are subject to change based on business needs.

Benefits Overview: Provide an overview of the employee benefits offered, encompassing health insurance, retirement plans, paid time off, and any additional perks. Clearly state the eligibility criteria for each benefit, waiting periods, and any employee contributions. Note that benefits may be subject to change.

Performance Reviews and Merit Increases: Communicate the process for conducting performance reviews, including the frequency and evaluation criteria. Address how merit increases are determined, tying them to performance outcomes. Note that specific details of pay increases may vary based on business conditions.

Referral Programs: Highlight any referral programs in place, detailing the process for employees who refer potential candidates. Specify the conditions under which monetary rewards are granted for successful referrals and encourage employees to actively participate in talent acquisition.

At-Will Employment and Discipline: If applicable, reinforce the at-will nature of employment, clarifying that either the employer or the employee can terminate the employment relationship at any time, with or without cause. Address the company's approach to progressive discipline and any associated policies.

Regular Policy Reviews: Commit to periodically reviewing and updating the Compensation and Benefits Policy to reflect changes in legislation, industry standards, and the company's strategic direction. Inform employees of any revisions and guide them on accessing the most current version.

By integrating these components into your Compensation and Benefits Policy, your organization establishes a transparent framework that not only informs employees of their comp and benefits but also fosters trust and alignment with the company's values and objectives.

In our final post , we'll look at the last policy you'll want to incorporate into your 2024 Employee Handbook, the New Hire and Separation Policy .

Remain Compliant All Year Long with HRlogics

Stay confidently compliant year-round with HRlogics , your trusted partner for compliance excellence. Outsource compliance burdens — like ACA reporting , Form I-9 verification , and unemployment claims management — to HRlogics, and rest assured that you’re safeguarding the future of your business.

Our dedicated and knowledgeable experts ensure that your business adheres to compliance regulations seamlessly, allowing you to focus on what you do best. Experience seamless compliance management with HRlogics’ user-friendly software , simplifying complex HR processes and empowering your team to confidently remain in compliance. Learn more by contacting HRlogics today !

Do You Have These 5 Essential Policies In Your Employee Handbook? Part 3: Nondiscrimination Policies

Wed, 13 Dec 2023 19:42:00 GMT

Throughout the last few weeks, we’ve been focusing on vital employee handbook policies and what you need to include in them in order to build a comprehensive and compliant handbook for the year ahead.

In our first post, we focused on the importance of having a workplace ethics policy, and last week we covered why you’ll want to include a communications and company devices policy in your handbook. While these two policies are influential in their own right, they also help add an extra layer of protection against harassment and provide your culture with increased inclusivity.

Read more about creating an Ethics Policy and a Communications and Company Devices Policy in the blog series “ Do You Have These 5 Essential Policies In Your Employee Handbook?”

While both of these policies are extremely important in keeping your organization inclusive and harassment-free, when you combine them with a nondiscrimination policy, you’re adding a whole new level of compliance and inclusivity to your handbook.

"Welcoming and celebrating differences in the workplace will promote the fact that your organization values diverse ways of thinking, and your business will thank you for it!" says Jamie Lucas, HR Business Partner at HRlogics . "One way you can do this is by creating a nondiscrimination policy."

"Not only does a nondiscrimination policy help ensure that all people are welcome and treated equally but it is also essential to your business," Lucas adds. "Whether it is providing defense in a legal aspect, or attracting candidates, it is a policy you will not regret having!"

“Trak Capital [HRlogics’ Parent Company] is committed to the values and practices of diversity and inclusion,” says Monica Manning , HRlogics and Trak Capital's Chief Human Resources Officer. “We consider diversity a source of innovation, creativity, and human flourishing. To ensure all employees of Trak Capital have the opportunity to participate and contribute to the company, we are committed to inclusive practices.”

Nondiscrimination Policy: Fostering Inclusive Workplaces Through Compliance

An indispensable element of any robust handbook is a Nondiscrimination Policy. Having a nondiscrimination policy emphasizes the commitment to creating a workplace free from discrimination and harassment. This section elaborates on the elements to consider when formulating and communicating a Nondiscrimination Policy:

Legal Foundations: Begin by highlighting the legal foundations that underpin the Nondiscrimination Policy. Reference state and federal legislation, such as the Civil Rights Act and the Americans with Disabilities Act , which protect employees from discrimination based on factors beyond their job performance.

Protected Categories: Clearly explain the protected categories under the Nondiscrimination Policy, which may include, but are not limited to, age, race/color, religion, pregnancy, disability, gender, sexual orientation, and veteran status. Ensure that the policy covers all relevant protected classes under applicable laws.

Supervisory Training: Acknowledge that even well-intentioned managers can unknowingly engage in discriminatory behaviors. Highlight the importance of ongoing supervisory training on nondiscrimination, diversity, and inclusion. This can help managers recognize and address potential biases in their decision-making.

Reporting Mechanisms: Clearly communicate the procedures for reporting instances of discrimination or harassment. Encourage employees to use designated channels for reporting, ensuring confidentiality and protection against retaliation. Detail the steps involved in investigating and resolving complaints.

Prevention Strategies: Outline proactive measures for preventing discrimination within the workplace. This may include educational programs, diversity initiatives, and the promotion of an inclusive culture. Emphasize the collective responsibility of all employees in creating a discrimination-free environment.

Responsibility of Leadership: Stress the role of leadership in setting the tone for a nondiscriminatory workplace. Leaders should actively promote diversity, equity, and inclusion and demonstrate a commitment to fair and equitable treatment of all employees. Leadership behavior should align with the values articulated in the Nondiscrimination Policy.

Integration with Other Policies: Reinforce that the principles of nondiscrimination extend to all aspects of employment, including recruitment, hiring , promotions, compensation, and termination . Integrate the Nondiscrimination Policy with other relevant policies, such as those addressing harassment and equal opportunity.

Legal Enforcement: Make employees aware that laws prohibiting discrimination are enforced by agencies such as the Equal Employment Opportunity Commission (EEOC). Highlight the potential legal consequences for noncompliance and the company's commitment to cooperating with investigations.

Regular Policy Reviews: Commit to regularly reviewing and updating the Nondiscrimination Policy to align with evolving legal standards and best practices. Communicate any changes transparently to employees and provide training on updated policies.

By addressing these elements in your Nondiscrimination Policy, your organization not only complies with legal requirements but also actively works toward fostering an inclusive and equitable workplace for all employees.

Discrimination may not always be overt, and a strong handbook becomes a defense against potential liabilities. Training managers on nondiscrimination is essential, preventing unintentional biases and fostering a fair workplace.

In our next post , we’ll focus on the importance of having a compensation and benefits policy in your handbook.

Remain Compliant All Year Long with HRlogics

Do You Have These 5 Essential Policies In Your Employee Handbook? Part 2: Communications & Company Devices Policies

Thu, 07 Dec 2023 15:51:00 GMT

The new year is right around the corner, making this the perfect time to update your employee handbook. Throughout this blog series, we’re focusing on vital employee handbook policies and what you need to include in them to build a comprehensive and compliant handbook for the year ahead.

In our last blog , we covered the first vital handbook policy you should have: an ethics policy. This policy serves as the foundational guide for employees navigating questions about codes of conduct and ethical compliance. It encompasses a roadmap of expected behavior, emphasizing your company culture.

Read more about creating an Ethics Policy in the blog post “ Do You Have These 5 Essential Policies In Your Employee Handbook? Part 1: Ethics Policies .”

Building on our commitment to empower businesses with comprehensive policies, we’ll turn our focus to the next important policy, your company’s communications and devices policy.

“Most of us have company equipment that we can access at all hours of the day,” says Jamie Lucas, HR Business Partner at HRlogics . “It is important that handbooks outline device use policies so that HR teams can ensure appropriate use of company equipment. Not only does this keep things professional but it also makes your business stronger against security attacks and noncompliance.”

Communications & Company Devices Policy: Navigating Technological Etiquette

In today's interconnected workplace, a well-defined communications policy is imperative, particularly when it comes to the appropriate use of devices. This section outlines guidelines for employees using company-provided laptops, cell phones, and other electronic devices:

Authorized Use: Clearly state the authorized purposes for which company-provided devices should be used. This may include work-related tasks, communication with clients or colleagues, and accessing company resources.

Personal Use Boundaries: Set clear boundaries for personal use during working hours. While some personal use may be acceptable during breaks, emphasize that excessive or inappropriate use may result in consequences.

Internet and Social Media Guidelines: Address internet usage and social media etiquette. Specify the kind of websites that are off-limits during work hours and provide guidelines on professional behavior on social media platforms, especially when representing the company.

Data Security Measures: Emphasize the importance of safeguarding company data. Instruct employees on secure login practices, password management, and the responsible handling of sensitive information to prevent data breaches.

Device Care and Maintenance: Encourage employees to take responsibility for the care and maintenance of company devices. This includes guidelines on physical care, such as avoiding spills and protecting devices from damage, as well as reporting any technical issues promptly.

Remote Work Protocols: If applicable, outline expectations for device usage during remote work. Address security measures, such as using virtual private networks (VPNs) when accessing company resources remotely, to ensure data protection.

Monitoring and Compliance: Clearly communicate that the company reserves the right to monitor device usage for compliance with the communications policy. This ensures transparency and reinforces the understanding that company-provided devices are business tools.

Connection to other policies: Relate it to anti-discrimination, anti-harassment, and ethics policies.

Consequences for Violations: Clearly outline the consequences of violating the communications policy regarding device usage. This may include disciplinary actions ranging from verbal warnings to termination, depending on the severity and frequency of the violations.

By providing detailed guidelines on the appropriate use of devices, your communications policy ensures that employees are aware of their responsibilities when using company-provided technology. This not only fosters a productive work environment but also mitigates potential risks associated with improper device usage.

Make it clear that employees, when using company equipment, are acting as representatives of your organization. Emphasize that all company policies extend to every form of communication and all devices. This ensures a cohesive and responsible approach to technology usage.

In the next blog, we’ll cover another vital policy in your handbook: your company’s nondiscrimination policy . This policy will help you foster an inclusive workplace that is free of harassment and discrimination.

Remain Compliant All Year Long with HRlogics

Stay confidently compliant year-round with HRlogics , your trusted partner for compliance excellence. Outsource compliance burdens — like ACA reporting , Form I-9 verification , and unemployment claims management — to HRlogics, and rest assured that you’re safeguarding the future of your business.

Our dedicated and knowledgeable experts ensure that your business adheres to compliance regulations seamlessly, allowing you to focus on what you do best. Experience seamless compliance management with HRlogics’ user-friendly software , simplifying complex HR processes and empowering your team to confidently remain in compliance.

Do You Understand the ABCs of I-9 Documentation and Verification?

Mon, 04 Dec 2023 18:31:00 GMT

In the intricate world of I-9 documentation and verification, understanding the ABCs — Acceptable Documents A, B, and C, that is — is crucial. But that's not all; with the introduction of the Alternative Procedure, staying compliant takes on a whole new dimension. Let's decode these complexities together.

Acceptable I-9 Documents: A, B, and C

List A — Identity and Right to Work: List A documents establish both identity and work eligibility. Examples include green cards, U.S. passports, and foreign passports with Form I-94 or a temporary I-551 stamp. An employee presenting a valid, unexpired List A document satisfies both identity and work authorization requirements.
List B — Identity Only: List B documents establish identity, and an employee presenting one must also present a document from List C to complete Section 2. Some List B documents include driver's licenses, ID cards, or school records.
List C — Employment Authorization: List C documents confirm work eligibility and an employee presenting one must also provide a document from List B to complete Section 2. Some List C documents include Social Security cards, birth certificates, Citizen ID cards, and United States Department of Homeland Security (DHS) employment authorization.
To complete Section 2 of Form I-9, employees must present one List A document or one List B document and one List C document. These documents should be physically examined by the employer or an authorized representative. All accepted documents must be unexpired and appear genuine.
However, the U.S. Citizenship and Immigration Services (USCIS) recently introduced a new "Alternative Procedure" on August 1, 2023, which changes the compliance tune.

The ‘Alternative Procedure’ — As Easy as 1,2,3

Employers can now use the new Form I-9 , featuring a remote verification process, also known as the "Alternative Procedure." Key changes include shorter instructions, standalone documents for certain sections, and the ability to fill out the form on mobile devices.

Qualified employers, those who are in good standing with the federal E-Verify program, can use the "Alternative Procedure" for employees hired on or after August 1, 2023. They should:

Receive and examine copies of the employee's Form I-9 documents, ensuring they appear genuine. If the documents are two-sided, employers need to examine copies of both the front and back.
Conduct a live video meeting with the employee, verifying the documents. The employee needs to bring the same documents that they sent to the employer so the employer can ensure that they reasonably appear to be genuine and relate to the employee.
Check the "Alternative Procedure" box on the form when documenting the remote verification process.

Employers must retain legible copies of all documents submitted by employees, whether from List A, B, or C. But remember, employees have the right to opt for an in-person examination if they prefer, especially if secure electronic transmission isn't feasible.

Seamless I-9 Compliance with HRlogics' Clear I-9 Compliance Software

HRlogics’ Clear I-9 compliance software offers HR professionals and employers cost-effective compliance, expert guidance, and full- or self-service management. Enjoy user-friendly interfaces, mobile-responsive accessibility, and the ability to build your I-9 agent network. With total I-9 control, designate representatives and validate documents via live video calls, while ensuring accuracy and peace of mind in your daily operations. Elevate your compliance standards today, contact HRlogics for a Clear I-9 demo .

HRlogics: A PEO Partner of Choice

The HRlogics' Compliance Hive is the ultimate solution for Professional Employer Organizations (PEOs) , looking to offer their clients the same seamless integrations, streamlined compliance, and co-employment management with unparalleled confidence and ease. Connect with our team to learn more about PEO partnerships.

Do You Have These 5 Essential Policies In Your Employee Handbook? Part 1: Ethics Policies

Thu, 30 Nov 2023 19:27:00 GMT

The new year is right around the corner, making this the perfect time to update your employee handbook. As new laws go into effect on January 1, 2024, reviewing and revising your company’s handbook ahead of time will help ensure that your company remains in compliance throughout the new year and beyond.

“Not only does a well-written handbook help ensure compliance with federal and state laws, but it also provides information to employees at their fingertips,” says Jamie Lucas, HR Business Partner at HRlogics . “Don’t think of a handbook as a bad thing; consider it as a comprehensive guide that showcases policies, expectations, and even introduces employees to your culture, mission, and values.”

With that in mind, we turn to Insperity, who helped inspire the important policies that are essential to your organization’s employee handbook in 2024. Throughout a series of blogs, we’ll highlight these vital policies and what you need to include in them in order to build a comprehensive and compliant handbook for the year ahead.

Ethics Policy: Cultivating Ethical Behavior and Company Culture

The first policy you should have in your handbook is a Code of Conduct Policy. This policy serves as the foundational guide for employees navigating questions about ethics and compliance. It encompasses a roadmap of expected behavior, emphasizing your company culture. Essential elements to include in your Code of Conduct Policy are:

Code of Ethics: Define the ethical principles that guide employee behavior within the organization. This may encompass honesty, integrity, respect, and compliance with laws and regulations. Reinforce the commitment to ethical business practices and outline scenarios to help employees navigate ethical dilemmas.

Dress Code and Grooming Standards: Clearly articulate the expected dress code and grooming standards for the workplace. Whether it's formal business attire, business casual, or a specific uniform, providing detailed guidelines helps employees understand the professional image the company aims to maintain.

Workplace Safety: Emphasize the importance of maintaining a safe working environment. Outline safety protocols, emergency procedures, and the responsibility of each employee to contribute to a hazard-free workplace. Encourage reporting of safety concerns promptly.

Attendance Requirements: Clearly communicate expectations regarding punctuality and attendance. Specify working hours, break times, and any flexibility or remote work options. Outline the procedure for requesting time off, reporting absences, and consequences for consistent tardiness.

Performance Expectations: Set performance expectations for employees in alignment with the company's goals. Clearly define job responsibilities, quality standards, and productivity benchmarks. This section can also include information on performance reviews and career development opportunities.

Conflict Resolution: Provide guidelines for constructively resolving conflicts. Encourage open communication, mediation, and reporting mechanisms for harassment or discrimination issues. Clearly state the company's commitment to fostering a respectful and inclusive workplace.

Company Values: Reinforce the company's core values and how they translate into day-to-day actions. Highlight the role of employees in upholding these values and contributing to a positive organizational culture. Consider incorporating real-world examples to illustrate the application of values.

Accessibility of the Code of Conduct: Ensure that the Code of Conduct is easily accessible to all employees. Whether it's provided in a handbook, posted in common areas, or available digitally, accessibility enhances awareness and compliance.

Consequences for Violations: Clearly outline the consequences of violating the Code of Conduct. This may include disciplinary actions ranging from verbal warnings to termination, depending on the severity and recurrence of the violations. Ensure that the consequences are consistently enforced.

A comprehensive code sets the stage for a successful work environment. By addressing these aspects in your Code of Conduct policy, your organization can create a robust framework for ethical conduct, fostering a positive work environment and contributing to a strong company culture.

In the next blog, we’ll cover the next important policy: your company’s communications and devices policy. This policy will help your employees navigate technological etiquette when using company-issued devices, and explain proper protocols when representing the company on social media.

Remain Compliant All Year Long with HRlogics

Stay confidently compliant year-round with HRlogics, your trusted partner for compliance excellence. Outsource compliance burdens — like ACA reporting , Form I-9 verification , and unemployment claims management — to HRlogics, and rest assured that you’re safeguarding the future of your business.

Form I-9 Self-Audit Essentials: How to Verify Employee Documentation Accurately

Mon, 27 Nov 2023 17:55:00 GMT

As a responsible employer operating in the United States, it is imperative to complete and retain a Form I-9 for every individual you employ, irrespective of their citizenship status. This important document serves as a cornerstone, confirming an employee's identity and legal authorization to work within the country.

Failure to adhere to Form I-9 regulations can result in significant fines and penalties. It is vital for employers to remain vigilant, ensuring meticulous compliance with these important immigration and employment laws. With the Department of Homeland Security (DHS) and U.S. Customs and Immigration Services ( USCIS ) constantly issuing changes, it can make it difficult to keep up.

Conducting a Form I-9 self-audit can help you identify any potential issues and ensure compliance with federal law. A self-audit can also provide you with an indication of good-faith compliance with the Immigration Reform and Control Act of 1986 . The primary focus of any internal audit should be on ensuring all current and recent employees have a completed I-9.

Steps To Perform a Form I-9 Self Audit

1. Collect All Employee Documentation

Initiate the audit by collecting all I-9 forms, including those for current and former employees. Maintain detailed records for each employee, incorporating any updates or corrections made over time.

2. Thoroughly Review Each Form I-9

Carefully examine each form to guarantee completeness and accuracy. Verify that all mandatory fields are filled correctly, emphasizing accurate information. This scrutiny extends to confirming the authenticity of the employee's identity and employment authorization documents. If an employee has indicated temporary work authorization in Section 1, you must re-verify when appropriate.

3: Identify I-9 Errors or Omissions and Address Mistakes

Throughout the audit, pinpoint any errors or omissions that require correction. This includes addressing missing or incomplete details, inaccurate dates, or absent signatures. It's essential to ensure the data provided on the Form I-9 aligns precisely with the information presented by the employee and their supporting documents. Some of the most common Form I-9 mistakes include:

Missing I-9s for current employees;
Incomplete personal information;
Unidentified status for U.S. citizens;
Lack of an employee signature;
Failure to designate whether a translator was used; and
An untimely completed form.

4. Effectively Correct Form I-9 Errors

Upon detecting errors, corrections can be made exclusively in Sections 2 and 3 of the I-9 form. Section 1 errors or missing designations must be rectified by the employee. Clearly document any corrections made, indicating both the corrected information and the date of amendment.
It's crucial never to discard or conceal mistakes on previous I-9 forms. Corrections should be made transparently and formally, either by drawing a line through the error, entering accurate information, and initialing and dating the change.
In cases where multiple errors arise, consider filling out a new I-9 form. Include a memorandum explaining the changes and the need for a new form, attaching the note and new form securely to the original document. Proper documentation and adherence to these steps are fundamental in maintaining I-9 compliance.

Simplify I-9 Self Audits with HRlogics Compliance Hive

With HRlogics Compliance Hive and the Form I-9 compliance solution , conducting I-9 self-audits becomes effortless. The intuitive platform streamlines the I-9 compliance process, ensuring all current and recent employee forms are up to date. HRlogics’ I-9 compliance solution is a comprehensive tool, offering configurable features, intuitive workflows, and secure document storage.

Whether you're managing remote or onsite hiring, the HRlogics platform simplifies I-9 compliance , allowing you to focus on your business's growth. With HRlogics Compliance Hive , conducting internal audits is no longer a daunting task but a seamless and efficient process, giving you the confidence that your business is compliant and secure.

Confident Compliance: Moving Beyond Bundled Bargains to Secure Your Company's Future with HRlogics

Wed, 22 Nov 2023 16:06:00 GMT

In a world filled with places to chase deals and comparison shop, one area where comparison should not be the norm is your compliance partner. This isn't about comparing the features of an iPhone 10 to an iPhone 12; this is about securing the expert guidance that will keep your company out of trouble with governing bodies, steer clear of hefty IRS fines and legal battles, and ultimately enhance your cost-efficiency and profitability.

Beyond All-in-One Solutions: The HRlogics Advantage

Entrusting your company's compliance solely to an all-in-one Human Capital Management (HCM) or payroll system's built-in feature set can be a risky gamble. While it may appear cost-effective on the surface, it places your company and its reputation at risk.

At HRlogics , we firmly believe that the return on investment (ROI) of a compliance partnership far surpasses the cost of doing business. With us, you gain the freedom to refocus your energies on other crucial aspects of your business, the peace of mind that comes with expert guidance, and the confidence of full compliance.

HRlogics: Specialized Solutions for Unique HR Compliance Needs

When it comes to compliance, making the smart choice means investing in a partner dedicated to compliance outcomes and your company’s bottom line. We understand that compliance and administrative challenges faced by HR managers are unique to each company.
That's why HRlogics offers specialized, flexible software designed to meet the specific needs and challenges of your organization and complete guidance from seasoned experts that help you navigate the ever-changing regulatory complexities to sure-footed, confident compliance.
By choosing HRlogics, you're not only gaining access to our wealth of expertise but also harnessing the power of software solutions thoughtfully engineered to address the intricacies of your compliance requirements.

Unlocking HR Compliance Excellence with HRlogics

We recognize that one-size-fits-all solutions fall short when it comes to HR compliance, and that's why we tailor our approach to meet your company's distinct needs. By partnering with HRlogics , you're making a strategic decision that goes beyond chasing deals — it's an investment in lasting compliance excellence that yields a true return on investment by safeguarding your company, reducing risks, and ensuring long-term profitability.

4 Best Practices for Onboarding PEO Clients to HR Compliance Solutions

Tue, 21 Nov 2023 17:53:00 GMT

Navigating the complex waters of HR compliance can be challenging for both Professional Employer Organizations (PEOs) and their clients. When adopting new HR compliance solutions , onboarding clients requires a thoughtful approach to ensure a seamless transition.

Accelerating Processes with Compliance Solutions

Compliance technology not only simplifies tasks for clients but also accelerates processes with government agencies. When onboarding new clients, PEOs should highlight the efficiency gains in areas such as unemployment claims management , I-9 verifications , and Affordable Care Act (ACA) reporting .
Emphasize the role your compliance vendor plays in keeping abreast of regulatory changes, reducing errors, and improving overall compliance outcomes. PEOs should also emphasize the importance this technology has on automating manual processes and streamlining the compliance process for both PEOs and their clients .
Effective onboarding sets the stage for a successful PEO-client relationship. By focusing on training, communication, information gathering, constant collaboration with compliance vendors, and leveraging technology for streamlined processes, PEOs can ensure their clients navigate the waters of HR compliance with confidence and ease.
Discover how PEOs can effectively train their clients on utilizing compliance technology, streamline communication with their workforce, and gather essential information.
Additionally, we'll emphasize the importance of constant collaboration between PEOs and compliance vendors to enhance efficiency in critical areas such as unemployment claims management, I-9 documentation, and ACA reporting.

PEO Client Onboarding Best Practices

1. Training Clients on HR Compliance Solutions

PEOs play a pivotal role in guiding clients through the implementation of HR compliance solutions. A structured training program should be designed to educate clients on the features and functionalities of the technology.

Consider offering webinars , tutorials, resources , and documentation to ensure clients understand the tools at their disposal. Highlight the benefits of the compliance solution, including time savings, increased accuracy, and reduced compliance risks.

2. Effective Communication Strategies

Clear communication is key to a successful onboarding process. PEOs should advise clients on how to effectively communicate changes to their workforce. Provide templates for internal announcements and guide clients on how to address employee concerns.

A well-informed workforce contributes to smoother implementation and fosters a positive relationship between the client and their employees.

3. Gathering Necessary Information

During onboarding, PEOs should work closely with clients to gather the necessary information for compliance purposes. Provide checklists and templates to streamline this process, ensuring that all required data is collected accurately and efficiently.
This collaborative effort sets the foundation for accurate reporting and compliance adherence.

4. Constant Collaboration with HR Compliance Software Vendors

Maintaining an open line of communication with HR compliance software vendors is essential. PEOs should ensure the vendor is providing regular updates, training sessions, and quick issue resolution. This continuous collaboration ensures that both parties stay informed about industry changes, updates to regulations, and improvements to the compliance solution.

Elevate Your PEO Service and Offer Clients True Compliance with HRlogics

In the fiercely competitive world of Professional Employer Organizations (PEOs) , standing out requires more than standard HR solutions. Partner with HRlogics to provide strategic guidance, productivity, and unparalleled compliance proficiency.

Our tailored HR compliance solutions for PEOs simplify complex challenges, from Form I-9 verifications and intricate benefit tracking for ACA compliance to employment and income verification , unemployment claims management , and tax credits and hiring incentives . This ensures your PEO and its clients meet regulatory requirements without the hassle.

Empower your PEO with true compliance commitment by integrating HRlogics' Compliance Hive Solutions into your PEO service offerings. Be at the forefront of leading change, dedicated to efficiency, precision, and exceeding client expectations. Transform your HR compliance technology , attract clients, and position your PEO for digital-age success with HRlogics. Schedule a demo today to experience the future of HR compliance and workforce management.

Is a Facelift on the Way for the H-1B Specialty Occupation Worker Program?

Tue, 07 Nov 2023 14:40:00 GMT

In a move geared towards enhancing the H-1B specialty occupation worker program, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced a Notice of Proposed Rulemaking (NPRM) that is designed to streamline eligibility criteria, optimize program efficiency, and offer added benefits and flexibilities for both employers and workers.

Proposed Changes to the H-1B Program

Key highlights of the proposed rule change include revisions in specialty occupation position criteria to eliminate confusion, emphasizing the direct relationship between degree field(s) and job duties.

One significant change involves modifying the H-1B registration selection process to curb misuse and fraud. Under the proposed system, each unique individual with a registration submitted on their behalf will be entered into the selection process once. This alteration aims to level the playing field and reduce the advantage gained by multiple registrations for the same beneficiary.

Moreover, the proposal extends exemptions to the H-1B cap for specific nonprofit entities, governmental research organizations, and beneficiaries not directly employed by qualifying organizations. The rule offers additional flexibility for students on F-1 visas transitioning to H-1B status. The same is true for start-up entrepreneurs, who also benefit from new eligibility requirements.

“The NPRM provides an automatic extension of stay and post-completion optional practical training (OPT) or 24-month extension of post-completion OPT, as applicable, until April 1 of the relevant fiscal year (FY) in which the H-1B petition is requested or until the validity start date of the approved H-1B petition, whichever is earlier,” advises Michael Neifach , Office Managing Principal of the Washington, D.C. office of Jackson Lewis P.C.

Crucially, the NPRM strengthens program integrity by introducing measures such as prohibiting related entities from submitting multiple registrations for the same beneficiary. The USCIS is empowered to conduct site visits, ensuring compliance, and any refusal may lead to petition denial or revocation.

The proposed rule invites public comments over a 60-day period following its publication in the Federal Register . This initiative aligns with the administration's focus on attracting global talent, easing burdens on employers, and safeguarding the integrity of the immigration system. Stay tuned for further developments as the proposed changes undergo public scrutiny and potential refinements.

“The proposed rulemaking provides employers and employees additional flexibility and opportunities under the H-1B program, adds Neifach. “The proposed change of the automatic extension end date from October 1 to April 1 of the relevant fiscal year would prevent the disruptions in employment authorization that some F–1 nonimmigrants seeking cap-gap extensions have experienced in past years.”

Stay Tuned to HRlogics and Clear I-9 for the Latest News on I-9 Requirements

HRlogics’ Clear I-9 software will continue to monitor these and other proposed rule changes that impact I-9 requirements. Our I-9 compliance experts manage Clear I-9 with over 20 years of combined experience in employment eligibility and verification laws.

HRlogics’s Clear I-9 specialists work closely with the Department of Homeland Security and top immigration attorneys to meet the ever-changing Form I-9 and E-Verify laws. Our team is dedicated to ensuring that our I-9 platform and your organization are always in compliance. Contact us to learn more about HRlogics’ Clear I-9 software .

Checklist: Sourcing HR Technology Solutions for PEOs

Thu, 02 Nov 2023 20:27:00 GMT

As a Professional Employer Organization (PEO) looking to integrate new HR solutions into your tech stack, you must ensure you’re selecting the best software that will not only enhance your clients' experience but will also maintain their privacy while ensuring compliance and data transparency.
With all the tech solutions on the market, where do you even begin? Use this handy checklist to help guide your decision-making process when sourcing new HR tech for your PEO:

Compliance Expertise: Choose a provider that prioritizes compliance and demonstrates a robust understanding of employment laws, including those surrounding the Affordable Care Act (ACA) , immigration , and unemployment claims , paying special attention to state-specific laws. You’ll want to ensure that the technology can adapt to changes in legislation and regulations promptly to keep you and your clients in compliance.

Commitment to Data Security and Privacy: You’ll also want a technology provider that prioritizes data security features to protect you and your clients’ sensitive employee information .

Comprehensive HR Features: Seek technology partners that cover a wide range of HR functions, including ACA reporting , I-9 verification , tax credits and hiring incentives , and unemployment claims management . Ensure these tools can automate mundane HR processes, which will help reduce the manual workload for both you and your clients’ HR teams.

Seamless Integration Capabilities: Look for a technology partner that is willing to prioritize the integrations your clients need. You’ll want to make sure that these new systems are compatible with various payroll, accounting, and HR management tools to create a unified ecosystem for your clients.

Comprehensive Reporting and Analytics: Prioritize technology solutions that offer robust reporting and analytics features. These tools will enable your clients to access real-time data and generate detailed reports to aid in their decision-making processes. Not only does real-time reporting help when making decisions, but it can also keep your clients in consistent compliance.

Client Support and Training: Choose a technology provider that offers excellent customer support and training services to your clients. You’re going to want a provider that shares resources with your clients, such as interactive tutorials and webinars , and provides a dedicated support team to assist your clients in utilizing the technology effectively. Additionally, it reduces the burden on your PEO, since time is no longer being wasted on guiding your clients through the complexities of new technologies.

Scalability and Flexibility: When word spreads that your PEO offers the most innovative and compliant tech solutions, your business is bound to grow. Opt for technology that can scale seamlessly right along with you and choose adaptable solutions that can be tailored to suit the specific requirements of various industries and businesses in your client portfolio.

Cost-Effectiveness: Evaluate the total cost of ownership, considering not only the initial implementation costs but also ongoing fees and potential scalability costs. Ensure that the technology provides significant value and efficiency gains relative to its cost.

By considering these factors, your PEO can select technology solutions that not only enhance internal processes but also empower your clients with efficient, compliant, and user-friendly tools, reinforcing your reputation as a provider of best-in-class PEO services .

Partner with HRlogics for Cutting-Edge HR Tech Solutions

Discover the power of the HRlogics' Compliance Hive , the epitome of best-in-class technology meticulously designed to check every box on your tech sourcing list. Our innovative solutions not only ensure compliance but go beyond, offering unparalleled support and features that empower PEOs to attract and retain new clients effortlessly.
With a user-friendly interface, seamless integration capabilities, proactive compliance alerts, and exceptional customer support, the HRlogics' Compliance Hive is the ultimate choice for PEOs aiming to provide top-tier services to their clients. Experience the difference firsthand — schedule a demo with HRlogics today and unlock the potential of technology that elevates your PEO to new heights.

Do You Understand the ABCs of I-9 Documentation and Verification?

Thu, 02 Nov 2023 18:30:13 GMT

Acceptable I-9 Documents: A, B, and C

List B — Identity Only: List B documents establish identity, and an employee presenting one must also present a document from List C for Section 2. Some List B documents include driver's licenses, ID cards, or school records.

List C — Employment Authorization: List C documents confirm work eligibility, and an employee presenting one must also provide a document from List B for Section 2. Some List C documents include Social Security cards, birth certificates, Citizen ID cards, and United States Department of Homeland Security (DHS) employment authorization.

To complete Section 2 of Form I-9, employees must present one List A document or one List B document and one List C document. These documents should be physically examined by the employer or an authorized representative. All accepted documents must be unexpired and appear genuine.

However, the U.S. Citizenship and Immigration Services (USCIS) recently introduced a new "Alternative Procedure" starting November 1, 2023, which changes the compliance tune.

The ‘Alternative Procedure’ — As Easy as 1,2,3

Qualified employers, those who are in good standing with the federal E-Verify program, can use the "Alternative Procedure" for employees hired on or after August 1, 2023. They should:

Receive and examine copies of the employee's Form I-9 documents, ensuring they appear genuine. If the documents are two-sided, employers need to examine copies of both the front and back.
Conduct a live video meeting with the employee, verifying the documents. The employee needs to bring the same documents that they sent to the employer so the employer can ensure that they reasonably appear to be genuine and relate to the employee.
Check the "Alternative Procedure" box on the form when documenting the remote verification process.

Seamless I-9 Compliance with HRlogics' Clear I-9 Software

HRlogics’ Clear I-9 software offers cost-effective compliance, expert guidance, and full- or self-service management. Enjoy user-friendly interfaces, mobile-responsive accessibility, and build your own I-9 agent network. With total I-9 control, designate representatives and validate documents via live video calls. Ensure accuracy and peace of mind in your daily operations. Elevate your compliance standards today, contact HRlogics for a Clear I-9 demo.

Navigate Form I-9 Changes Ahead of the October 31st Deadline

Thu, 19 Oct 2023 20:26:00 GMT

The U.S. Citizenship and Immigration Services (USCIS) recently announced that it has redesigned Form I-9, the Employment Eligibility Verification document. These changes aim to enhance user experience and streamline the verification process for employers handling the intricacies of immigration compliance.

Here's what's new to the I-9 form , and how HRlogics can help you navigate these changes effortlessly:

Streamlined Sections: The revised Form I-9 condenses Sections 1 and 2 into a single-sided sheet, reducing complexity and saving your time.
Mobile-Friendly Design: Accessible on tablets and mobile devices, the new form lets you complete verifications conveniently on the go.
Flexible Certification: Preparer/Translator Certification is now in a separate supplement, giving you the flexibility to provide it when needed.
Effortless Reverification: Section 3, Reverification and Rehire, has its own supplement, making rehiring and reverification straightforward.
Comprehensive Guidance: Updated Lists of Acceptable Documents now include receipts and links to extension information, ensuring you have all the necessary details at your fingertips.
Clear Instructions: The new form's simplified instructions reduced the number of pages from 15 to 8, making it easier to understand and complete.
Remote Verification Option: A convenient checkbox allows employers to indicate remote verification, enhancing flexibility and compliance.

Unlocking Remote Verification: Employer Eligibility Criteria

USCIS has charted a clear path for employers seeking the remote verification option. To use this streamlined procedure, employers need to meet specific eligibility criteria outlined by USCIS:

Enrolled in E-Verify: Employers must be enrolled in E-Verify and remain in good standing and compliance with all E-Verify program requirements.
E-Verify Training: Complete E-Verify training as part of the enrollment process.
Consistent Application: When using the alternative procedure, you must use it consistently for all employees at a given worksite or only for remote employees, ensuring fair treatment regardless of nationality or immigration status.

The Alternative Verification Path: Essential Steps for Employers

Embarking on the alternative procedure opens a streamlined avenue for employers. Employers must take the following steps within the first 3 business days of an employee's start date in order to use the remote verification option:

Document Examination: Examine all Form I-9 documents, ensuring their authenticity.
Live Video Verification: Conduct a live video interaction with the employee to verify the validity of the documentation.
Form I-9 Marking: Check the designated box on the new version of Form I-9, indicating the use of the alternative procedure (or write "alternative procedure" until October 31st, using the 10/21/2019 edition).
Documentation Retention: Retain clear and legible copies of all I-9 documentation, including double-sided documents.

Note, employers must be ready to furnish federal government officials with clear and legible copies of I-9 documentation in the case of an audit or investigation, which can be daunting experiences for employers, underscoring the critical importance of meticulous documentation.

With HRlogics Compliance Hive , we streamline this process, ensuring your I-9 records are accurate and easily accessible, offering peace of mind in the face of audits or investigations.

Why Choose HRlogics as Your I-9 Compliance Partner?

At HRlogics , we understand the importance of seamless compliance. Our Clear I-9 solution provides you with a secure, user-friendly platform to create, manage, and store I-9 forms. With automatic error-checking and alerts, you can identify and rectify errors swiftly, ensuring accuracy and compliance.

HRlogics is proud to announce multiple cost-effective options for compliant remote verification. For less than $10 per I-9 form, employers can meet the new compliance requirements and avoid expensive fines. Schedule a demo of the HRlogics Compliance Hive to learn more about the Clear I-9 solution.

Innovate to Attract: How Advanced PEO Tech Solutions Draw New Clients In

Tue, 17 Oct 2023 16:58:00 GMT

In the fiercely competitive realm of Professional Employer Organizations (PEOs) , staying ahead isn't just an advantage; it's a necessity. Your clients rely on you not just for basic HR services, but for strategic insights, efficiency, and compliance excellence.

Embracing HR Innovation: Elevating PEO and Client Success

In today's dynamic market, the integration of advanced HR technology can redefine the landscape for PEO services. Your ability to attract and retain clients hinges on your capacity to offer more than mere HR solutions.

Clients seek strategic allies who understand the transformative power of technology in optimizing workforce management. Therefore, every PEO must adopt cutting-edge HR technology and expert guidance to meet the rapidly changing regulatory demands throughout the employee lifecycle, and to ensure the success of their clients and themselves.

Integrating innovative solutions and expert support, like HRlogics’ Compliance Hive , can elevate your PEO, making you the go-to partner for businesses aiming to navigate the complexities of workforce management seamlessly. These solutions not only showcase your dedication to efficiency and accuracy but also spotlight your commitment to client satisfaction.

Simplifying Compliance Challenges: A Seamless Path to I-9 and ACA Mastery

Managing HR functions for multiple clients brings forth a plethora of challenges, especially concerning compliance intricacies. Streamlining processes like Form I-9 verification management can significantly alleviate this burden.

By adopting innovative technology, you eliminate paperwork, enhance consistency, and gain real-time control over compliance processes. These solutions empower you and your clients to navigate the complexities of Form I-9 and E-Verify effortlessly, ensuring your clients stand strong against regulatory challenges.

The confusing world of Affordable Care Act (ACA) compliance adds another layer of complexity. With specific eligibility and reporting requirements, on top of the intricate regulations, ACA reporting can be daunting.

Here, technology becomes your invaluable ally, offering accuracy, efficiency, and detailed insights. By incorporating robust reporting and analytics into your tech stack, you empower your PEO and clients with actionable data, enabling them to make informed decisions about healthcare costs and compliance trends.

Unlocking Profit Potential: Turning Expertise into Revenue

Despite all the challenges PEO clients face when remaining in compliance, there’s one opportunity that allows them to capitalize on their hard work: the Work Opportunity Tax Credit (WOTC) program . Integrating specialized WOTC solutions into your services not only unlocks new revenue streams but also strengthens client relationships.

By helping your clients capitalize on federal hiring incentives and tax credits, you transform your HR expertise into a profit center. This not only enhances your financial performance but also contributes significantly to your clients' financial success.

Efficient Unemployment Claims Management: Protecting Financial Stability

Unemployment claims management poses unique challenges for PEOs and their clients. High turnover rates across diverse industries and multiple client accounts amplify this complexity. Integrating innovative compliance solutions automates processes, enhances efficiency, and reduces manual efforts. By staying ahead of client employee turnover and utilizing third-party administrators, you ensure timely and accurate responses to state agencies , safeguarding your clients' financial stability.

In this ever-evolving landscape, leading the way isn't just a choice; it's your obligation. Embrace the power of technology, transform your PEO, and earn the trust of clients who recognize the value of a future-focused, compliant, and client-centric partner. Let your PEO become synonymous with innovation, efficiency, and unwavering dedication to client success.

Ready to Transform Your PEO?

By integrating HRlogics’ Compliance Hive solutions, your PEO isn't just adapting to change; it's driving it. Experience the future of HR Compliance and workforce management. Click here to schedule an HRlogics’ Compliance Hive demo and discover how our innovative solutions can revolutionize your operations, attract clients, and position your PEO for unparalleled success in the digital age. Together, let's redefine what success means in the world of Professional Employer Organizations .

The Crucial Connection: Why Compliance and Profitability Matter for Staffing Firms

Thu, 28 Sep 2023 14:08:00 GMT

With all the turnover in the hiring industry, staffing firms are constantly juggling a multitude of tasks, from sourcing the right candidates to ensuring smooth operations. Staying updated with ever-evolving rules and regulations for compliance can often fall by the wayside, however, it's essential to recognize that compliance and profitability go hand in hand, forming the bedrock of a successful staffing firm. If your staffing firm has yet to make compliance and profitability a top priority, discover how cutting-edge technologies and expert solutions can help you strike this delicate balance.

Manage Unemployment Claims Easily and Remain Compliant

While turnover is a constant concern, many businesses overlook the nuances of handling unemployment claims, which can significantly impact a company's finances and divert valuable resources from current employees.
In order to remain compliant, you’ll need a streamlined and simplified solution, like HRlogics, that will walk your firm through the claims management process. These types of solutions not only save you time but they also help reduce potential financial burdens associated with unemployment claims. This results in greater profitability and operational efficiency for your staffing firm.

Avoid Unwanted ACA Non Compliance Penalties

As an industry with a large turnover rate, an unconventional hour-to-dollar ratio, and a majority of employees working part-time, staffing agencies have a lot to take under consideration to determine whether they’re complying with ACA regulations. It’s not an easy task.
Staying on top of ACA responsibilities is paramount for staffing agencies, yet some overlook the critical task of tracking employee hours, leading to unforeseen challenges down the road. Failing to recognize when part-time employees cross the 30-hour-a-week threshold can result in unexpected liabilities.
Fortunately, when you invest in solutions like HRlogics, you can avoid the last-minute rush and start tracking immediately. By doing so, you'll be well-prepared, distinguishing between employees on your payroll and those paid by client companies while maintaining accurate employee counts.
Some agencies even limit hours for directly paid employees to avoid the obligation of offering benefits. To simplify the task of tracking hours and ACA compliance, consider partnering with a solution like HRlogics. Our innovative software equips staffing agencies to navigate ACA regulations effectively, ensuring peace of mind and streamlined compliance.

Streamline Form I-9 Management

According to the United States Immigration and Customs Enforcement (ICE), the virtual remote inspections for Form I-9 have come to an end , and it's crucial to ensure physical document inspections for compliance.

Employers are now required to ensure that all I-9 forms are completed and maintained accurately, with no errors or omissions. Any mistakes or omissions must be corrected by the employer within 10 days of discovery. Failure to comply with these requirements can result in serious consequences, including financial penalties and legal liability.

Let a solution like HRlogics simplify the Form I-9 complia nce processes for your staffing firm. It streamlines hiring procedures, reduces workload, and mitigates legal risks, all while increasing processing times. One of their unique features is the ability to enable compliant Form I-9 completion and re-verification from virtually anywhere. This means that even remote hires can be seamlessly integrated into your compliance processes without the need for separate applications or systems.

Leverage Tax Credits and Hiring Incentives for Maximum Profitability

Staffing firms play a pivotal role in connecting job seekers with employers, but they can also benefit significantly from leveraging tax credits and hiring incentives. Did you know that there are lucrative opportunities to increase profitability by tapping into these incentives?
For instance, staffing firms impacted by the pandemic can potentially receive up to $26,000 per W-2 employee and up to $9,600 for hiring individuals from targeted groups. By capitalizing on these incentives, not only can your firm improve its financial bottom line but you can also offer additional value to clients, making your services even more attractive.
To obtain these kinds of incentives, you’ll need a solution that simplifies the process, allowing your staffing firm to enhance profitability. With a solution like HRlogics, you can gain access to an expert team dedicated to streamlining Work Opportunity Tax Credit (WOTC) capture and simplify the process. This tech solution also verifies eligibility for every new hire, meticulously collects required documentation, and manages follow-up details with your employees.
The importance of compliance and profitability fo r staffing firms cannot be overstated. Embracing cutting-edge technologies and industry-specific solutions, such as those offered by HRlogics, can alleviate the compliance burden and contribute significantly to your firm's profitability. By focusing on these critical aspects, your staffing firm can thrive in a competitive landscape while ensuring that both your clients and employees benefit from your commitment to excellence.

SpaceX's DOJ Challenge: Navigating Immigration Compliance and Export Controls in the Aerospace Industry

Tue, 12 Sep 2023 17:13:44 GMT

Space Exploration Technologies Corporation, commonly known as SpaceX, is a pioneering force in the aerospace industry. However, recent developments have brought the company under the scrutiny of the U.S. Department of Justice (DOJ) due to allegations of discriminatory hiring practices related to export control laws. For companies large and small, navigating the complex intersection of immigration laws and export control regulations is no simple task. Let's dive into the details of the DOJ's complaint against SpaceX and explore the implications for employers.

The DOJ's Allegations Against SpaceX

On August 23, the DOJ filed a 13-page complaint against SpaceX, alleging that the company violated the Immigra t ion and Nationality Act (INA) through its hiring practices. This complaint is centered around allegations that SpaceX has been in violation of the Immigration and Nationality Act (INA) through its hiring practices. The INA is a federal law that governs immigration and nationality matters in the United States, and it includes provisions related to non-discrimination in employment based on immigration status.

Specifically, the DOJ claims that SpaceX:

Discriminates against asylees and refugees during recruitment, screening, and selection processes. The I-9 form is typically used during the recruitment and hiring process to ensure that all prospective employees, including asylees and refugees, are eligible to work in the United States. Employers are required to verify the identity and employment authorization of their employees by completing I-9 form. If the allegations suggest that SpaceX discriminated against asylees and refugees during these processes, it may involve mishandling or improperly documenting the Form I-9, leading to discriminatory practices.
Incorrectly informs asylees and refugees that SpaceX can only hire U.S. citizens and lawful permanent residents, discouraging them from applying.
Fails to fairly consider asylees and refugees who apply for positions and has refused to hire them based on their citizenship status.

The DOJ further notes that from September 2018 to September 2020, SpaceX exclusively hired U.S. citizens and lawful permanent residents, a practice it deems "routine, widespread, and longstanding." Importantly, these allegations encompass a wide range of positions within the company, from welders and cooks to crane operators and baristas.

Balancing Export Control Compliance and Employment Practices: SpaceX Case Takeaways

The SpaceX case brings to the forefront an ongoing challenge faced by many organizations: effectively managing the nuanced relationship between export control requirements and employment practices. As employers, it's crucial to strike a delicate balance that ensures compliance with both U.S. export controls and anti-discrimination provisions of the INA. Let's explore some key takeaways from this case:

Avoid Conflation : One fundamental lesson is to keep export control assessments separate from the Form I-9 process . These two aspects of compliance serve distinct purposes, and combining them can lead to confusion and, as illustrated by SpaceX, potential discrimination issues.
Clarify U.S. Person Status : When discussing export control requirements with job candidates, it's vital to communicate that "U.S. persons" encompass more than just U.S. citizens. This approach dispels misconceptions and encourages a more inclusive applicant pool.
Prevent Limitations : The ITAR and EAR should never be wielded as reasons to restrict job opportunities based on citizenship, immigration status, or national origin. Doing so not only goes against anti-discrimination principles but can also result in legal repercussions.
Proper Training is Foundational to Proper Compliance : Those involved in hiring and onboarding processes must receive comprehensive training to prevent discrimination rooted in citizenship, immigration status, or national origin. Awareness is the first step toward equitable practices.
Tailored Assessments : Export licensing assessments should only be conducted for positions that necessitate work with export-controlled items. Overreaching assessments can cause unnecessary complexity and potential legal complications.
Equal Treatment : All candidates vying for roles requiring interaction with export-controlled items should undergo export licensing assessments, regardless of suspicions about their non-U.S. person status. Transparent communication about the assessment's purpose is essential.

Striking the Balance: Immigration Compliance and Employment Practices

The SpaceX case serves as a potent reminder of the multifaceted nature of compliance at the crossroads of immigration and export control. Employers must remain vigilant, adopting best practices that promote fairness, transparency, and adherence to the law. Balancing these considerations not only safeguards organizations from legal ramifications but also fosters an environment of inclusivity and opportunity for all.

Balancing Compliance: Lessons from SpaceX's DOJ Challenge and Clear I-9's Solution

SpaceX's recent legal challenge by the U.S. Department of Justice sheds light on the intricate web of immigration compliance and export control regulations within the aerospace industry. This case underscores the importance of maintaining a careful equilibrium between these two crucial aspects of corporate responsibility. Employers must diligently navigate these complex legal landscapes to avoid the pitfalls exemplified by SpaceX's alleged discriminatory hiring practices.

Furthermore, as highlighted, it is essential for organizations to manage and securely store their Form I-9s to fulfill immigration compliance requirements. Clear I-9, offers a comprehensive solution for error-free I-9 management. With real-time tracking, a customizable dashboard, and robust reporting capabilities, Clear I-9 simplifies the task of maintaining and accessing these essential documents. This not only aids in compliance but also upholds the highest standards of security and privacy, ensuring that organizations can focus on fostering inclusive and equitable workplaces while mitigating legal risks. In this ever-evolving regulatory landscape, SpaceX's case serves as a valuable lesson for companies of all sizes, emphasizing the importance of vigilance and best practices in the pursuit of fairness, transparency, and adherence to the law.

Final Deadline for I-9 Physical Inspection is TODAY, August 30th—Don't Risk Non-Compliance!

lindsay@oncentive.com (Lindsay Morton) — Wed, 30 Aug 2023 18:17:15 GMT

Time is ticking—fast! The landscape of Form I-9 compliance has reverted to its pre-pandemic regulations, and today, August 30, 2023, is the final day for employers to complete physical inspections of eligibility documents for remote hires. Don't become a statistic in non-compliance; take action now.

How Did We Get Here?

In the eye of the COVID-19 storm, Immigration and Customs Enforcement (ICE) gave employers the breather they needed, allowing remote verification for new hires. This temporary respite, however, terminated on July 31, 2023, which left you with a tight 30-day countdown to get all your I-9 ducks in a row. That countdown ends today.

No Time to Spare: Immediate Steps for Compliance

Identify the Impacted Employees: If you haven't yet, immediately flag all employees whose I-9s were verified remotely and need a physical update.
Revise and Update I-9 Forms: The clock is ticking. Either attach a new I-9 form (Section 2 or Section 3) to the existing one or utilize the 'Additional Information' box for updates.
Use Authorized Representatives : They can still carry out the physical inspection of documents on your behalf. But act now.
Final Verification: It's your final responsibility to ensure that all affected employee forms are physically verified and updated by the end of today, August 30th.

Special Conditions: Are You Using E-Verify?

For E-Verify users, ICE has outlined a set of criteria to qualify for ongoing remote verification:

Be enrolled in E-Verify for all hiring sites
Maintain good standing with E-Verify
Have remote-verified employees between March 20, 2020, and July 31, 2023
Have an E-Verify case for these employees
Continue active participation in E-Verify
Fulfill these, and you have an alternative—but it still requires a final document check, even if you used video verification previously.

Your Remote I-9 Compliance Lifeline: Clear I-9's Virtual Review Agent Network

Navigating this intricate compliance landscape is daunting but non-negotiable. However, Clear I-9’s Virtual Review Agent Network offers a streamlined solution to meet these time-sensitive requirements. The network ensures you remain unflinchingly compliant while also streamlining the verification process, making the most of your time on this final countdown day.

Today is the day—your final chance to meet these I-9 physical inspection requirements. The clock is unforgiving, but with swift action, you can navigate through these turbulent compliance waters. Act now; safeguard your business and keep the wheels of efficiency turning.

Don’t let non-compliance become your legacy.

Watch Now - Understanding the New I-9 Landscape: An In-Depth Analysis of the Recent Form I-9 Changes

Tue, 29 Aug 2023 18:40:00 GMT

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On-Demand
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Pre-recorded Webinar August 29, 2023

Understanding the New I-9 Landscape: An In-Depth Analysis of the Recent Form I-9 Changes

The U.S. Citizenship and Immigration Services (USCIS) has recently made significant revisions to Form I-9, impacting employers and employees nationwide. Staying informed and compliant with these changes is critical to avoid potential legal pitfalls.

Join our expert panel of legal and HR professionals in this enlightening webinar, where we will delve into:

Recent changes in detail: A comprehensive analysis of the updates, including changes to acceptable documents, the incorporation of remote verification methods, and how these alterations affect your day-to-day operations.
Compliance strategies: Tailored guidance on how to implement the changes in your business processes efficiently, ensuring full compliance with the new regulations.

Whether you're an HR professional, business owner, or someone responsible for the hiring process, this webinar will equip you with the tools and knowledge you need to navigate the latest changes to Form I-9. Watch now to learn proactive steps toward compliance in this ever-changing regulatory landscape.

Watch Now - I-9 Evolution: Navigating Compliance Changes

Thu, 24 Aug 2023 19:01:00 GMT

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Pre-recorded Webinar August 24, 2023

I-9 Evolution: Navigating Compliance Changes

Explore the transformation of Form I-9, from its historical inception, evolution, and current state with Melissa Prentice, President of Clear I-9, and Dan Doss, National Director of Sales at HRlogics.
This webinar covers:

Historical Context of the I-9 Form, including the milestones that have shaped the I-9 landscape.
Current State of I-9: Discover the most recent changes, amendments, and compliance shifts.
What the Future Holds: How to plan for the future of I-9 compliance.

HRlogics is proud to partner with Asurint, Background Screening Solutions

Partner Webinar, Watch Now - I-9 Evolution: Navigating Compliance Changes

Thu, 24 Aug 2023 18:17:00 GMT

Access Our
On-Demand

Partner Webinar

Pre-recorded Webinar August 24, 2023

I-9 Evolution: Navigating Compliance Changes

Historical context of the I-9 form, including the milestones that have shaped the I-9 landscape.
Current state of I-9: Discover the most recent changes, amendments, and compliance shifts.
What the future holds: How to plan for the future of I-9 compliance.

HRlogics is proud to partner with Asurint, Background Screening Solutions

HR Logics' I-9 platform Clear I-9 Launches Live Video I-9 Verifications with Virtual Review Agent Network

Tue, 15 Aug 2023 15:56:00 GMT

DHS recently announced a new path to remote I-9 compliance for employers in good standing with the E-Verify program: electronic employee document validation through live video call interactions.

HR Logics’ I-9 platform Clear I-9 announces new “Form I-9 Virtual Review Agent Network” innovative live video verification service helping employers adhere to the latest DHS guidelines for employment eligibility verification and streamline remote onboarding.

"Clear I-9’s new network of trained U.S.-based virtual remote agents eliminates the hassle, ensuring the process is not only compliant with new DHS guidelines but also efficient and hassle-free," said Melissa Prentice, President of Clear I-9.

Adapting to the Changing Landscape

In the era of remote work, employers struggle to offer hiring managers and employees the convenience they want with the compliance that keeps their company safe. Clear I-9's new Form I-9 Virtual Review Agent Network serves as a seamless bridge between compliance and convenience.

Key Advantages of Clear I-9 Virtual Review Agent Network:

Broad Availability: U.S.-based agents are accessible from 9 a.m. to 6 p.m. EST, Monday to Friday, ensuring swift and efficient verification.

Enhanced Efficiency: Clear I-9's expert agents manage the verification process, liberating HR staff and recruiters from time-consuming web meetings.

Simplified Process: Employees utilize Clear I-9's user-friendly remote compliant software for Section 1 of Form I-9. The platform effortlessly guides them through uploading necessary identification, completing the form, and scheduling a brief 15-minute live virtual remote agent session.

Expert Proficiency: Clear I-9's agents are well-versed in company procedures and comprehensively trained on the entire I-9 process. Many are bilingual, widening accessibility*.

Custom Pricing: Tailored competitive pricing ensures businesses of all sizes can seamlessly benefit from this solution.

Advancing Compliance: Clear I-9 aligns with the DHS's simplified Form I-9 process effective August 9, 2023, alleviating employers of complexities.

Embracing the Future:

Clear I-9's innovative Virtual Review Agent Network offers companies remote I-9 compliance. Through streamlined employment verification processes, companies can augment efficiency while unwaveringly adhering to federal regulations. Clear I-9's forward-thinking approach underscores its commitment to revolutionizing employment eligibility verification, step by virtual step.

Introducing the Form I-9 Virtual Review Agent Network: Live Video Verification for Remote I-9 Compliance

lindsay@oncentive.com (Lindsay Morton) — Wed, 09 Aug 2023 14:16:07 GMT

The landscape of employment verification is evolving, and Clear I-9 is at the forefront of this transformation. In alignment with the latest guidelines from the Department of Homeland Security (DHS) for Employment Eligibility Verification, Clear I-9 has launched a new live video verification solution – the "Form I-9 Virtual Review Agent Network. " This revolutionary service not only meets the remote hiring needs of employers in the post-COVID world but sets a new gold standard for convenience and compliance.

"Clear I-9’s new network of trained U.S.-based virtual remote agents eliminates the hassle, ensuring the process is not only compliant with DHS guidelines but also efficient and hassle-free," said Melissa Prentice, Clear I-9’s president.

The pandemic necessitated a new era of remote work solutions, and in response, the DHS has permitted employers with good standing in the E-Verify program to validate employee documents electronically, with the added layer of a live video call interaction. Here is where Clear I-9's Form I-9 Virtual Review Agent Network steps in, providing a seamless bridge between compliance and convenience.

Key Features and Benefits of Clear I-9 Virtual Review Agent Network :

Wide Availability: Trained U.S.-based agents are at your service from 9 a.m. to 6 p.m. EST, Monday to Friday, ensuring that your verification needs are met promptly and efficiently.
Efficiency : Say goodbye to lengthy web meetings. Clear I-9's expert agents handle the verification process, freeing up your HR staff and recruiters to focus on their core responsibilities.
Streamlined Process: Employees receive Section 1 of Form I-9 through Clear I-9's user-friendly remote compliant software. The intuitive platform guides them through uploading necessary identification, completing the form, and scheduling a quick 15-minute session with a live virtual remote agent.
Expertise: Clear I-9's agents are well-versed in the company's procedures and have undergone extensive training on the entire I-9 process. Many of them are bilingual, ensuring a wider reach and accessibility*.
Pricing: Clear I-9 offers competitive pricing structures tailored to your annual usage, ensuring that businesses of all sizes can benefit from this streamlined solution.

A Step Forward in Compliance

In addition to adapting to the changing landscape of remote work, Clear I-9 is also in sync with the DHS's simplification of the Form I-9 process. Effective from August 9, 2023, this streamlined process makes the revised form more accessible and convenient, relieving employers of associated burdens.

This is an opportune moment for employers to embrace Clear I-9's innovative Virtual Review Agent Network. By streamlining employment verification processes, businesses can not only enhance efficiency but also ensure unwavering compliance with federal regulations. Clear I-9's forward-looking approach is a testament to its commitment to revolutionizing employment eligibility verification, one virtual review at a time.

Schedule a demo of the Clear I-9 platform and start your journey towards convenient compliance today.

DHS Announces the Release of a New Form I-9 and a Remote Verification Option for Certain Employers

Tue, 25 Jul 2023 20:23:00 GMT

On July 21, 2023, U.S. Citizenship and Immigration Services (USCIS) made an announcement that would significantly impact employers and their hiring processes: the temporary COVID-19 flexibilities would end August 1, 2023.
In addition to the USCIS's release of the revised Form I-9, Employment Eligibility Verification, the U.S. The Department of Homeland Security (DHS) unveiled a final rule that establishes an optional remote procedure for certain employers to complete the I-9 verification process. This new alternative procedure, which allows for live video verification , is set to take effect on August 1, 2023, revolutionizing the way employers verify their employees' eligibility to work in the United States.

Key Highlights:

USCIS will release a revised Form I-9 on August 1, 2023.
DHS announced a final rule that will provide certain employers with an optional remote employment verification procedure.
The new rule will offer a remote means of examining I-9 documentation and completing the Form I-9 for qualifying employers.

Requirements for Employers to Qualify for the Remote Verification Option

USCIS has outlined specific requirements that employers must meet to be eligible for the alternative procedure.

To qualify, employers must:

Be enrolled in E-Verify and remain in good standing and compliance with all E-Verify program requirements.
Complete an E-Verify training as part of the enrollment process.
Use the alternative procedure consistently for all employees at a given worksite or only for remote employees, ensuring non-discriminatory practices based on citizenship, immigration status, or national origin.

Steps Involved in the Alternative Procedure

For employers eligible to use the remote verification option, the following steps must be completed within three business days of an employee's start date:

Examine all Form I-9 documents, ensuring their authenticity.
Conduct a live video interaction with the employee to verify the validity of the documentation.
Check the designated box on the new version of Form I-9 indicating the use of the alternative procedure (or write "alternative procedure" for the grace period using the 10/21/2019 edition).
Retain clear and legible copies of all I-9 documentation, including double-sided documents.

Additionally, employ ers must be prepared to provide clear and legible copies of I-9 documentation to federal government officials in the event of an audit or investigation.

Transitioning from Remote COVID-19 Flexibilities

Employers who previously utilized remote COVID-19 document examination flexibilities may adopt the alternative procedure beginning August 1, 2023, to meet the current physical examination requirements by the August 30, 2023, deadline. These employers must ensure the following:

They were enrolled in E-Verify at the time of the remote examination.
They created an E-Verify case for the employee (except for reverification).
The remote inspection occurred between March 20, 2020, and July 31, 2023.

Employers must indicate their use of the alternative procedure and the date of the live video interaction in the appropriate section of Form I-9.

Enhancements to the New Form I-9

The revised Form I-9 is designed to be more user-friendly, allowing completion on tablets and mobile devices. With a reduced length of a single-sided sheet and eight pages of instructions (down from fifteen pages), the new form streamlines the verification process. USCIS has also updated the Lists of Acceptable Documents page, incorporating certain receipt notices and guidance on automatic extensions of Employment Authorization Documents (EADs).

Navigating Employment Eligibility Verification: Your Path to Efficiency and Compliance with HR Logics

As your trusted partner in navigating the intricacies of employment eligibility verification, HR Logics is dedicated to providing seamless support as you transition to the new Form I-9 and explore the remote verification option, if applicable. Be sure to stay connected with our blog for regular updates and valuable resources to ensure your organization maintains full compliance with immigration regulations. Our team is here to guide you on the path to a more efficient and compliant I-9 verification process .

USCIS to Publish Revised Form I-9: Enhancing Employment Eligibility Verification for Employers

heather.reid@hrlogics.com (Heather Reid) — Mon, 24 Jul 2023 19:59:31 GMT

There is an upcoming release of the revised version of Form I-9 , Employment Eligibility Verification, by U.S. Citizenship and Immigration Services (USCIS) . Set to be published on August 1, 2023, this updated form brings a range of improvements to streamline the employment verification process and enhance user experience for employers.

A Leap Towards Simplification and Compliance

The revised Form I-9 introduces several significant changes that aim to simplify the verification process while ensuring compliance with immigration regulations. One of the key highlights is the inclusion of a checkbox that employers enrolled in E-Verify can utilize to indicate they have remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS) . This alternative procedure was recently recognized and authorized by DHS through a final rule in the Federal Register.

Embracing New Alternatives

DHS's final rule, announced on July 21, 2023, also marks the end of temporary COVID-19 flexibilities, effective July 31. However, the rule grants DHS the authority to authorize optional alternatives for employers to examine Form I-9 documentation. Under this new alternative procedure, certain employers can remotely examine Form I-9 documents, replacing the previous requirement for in-person document examination. To participate in the remote examination process, employers must meet specific criteria, including being enrolled in E-Verify, retaining copies of all documents, conducting a live video interaction with the employee, and creating an E-Verify case for new hires.

Transitioning with Ease

Employers who participated in E-Verify during the COVID-19 flexibilities (March 20, 2020, to July 31, 2023) and created cases for employees whose documents were remotely examined may choose to use the new alternative procedure starting on August 1, 2023, to fulfill the physical document examination requirement by August 30, 2023. However, employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by the same deadline.

Advancements in Form I-9 Design

Clear I-9 believes in staying ahead of the curve, and with the revised Form I-9, employers can expect the following enhancements:

Streamlined Layout: The updated form reduces Sections 1 and 2 to a single-sided sheet, making it more user-friendly for employers and employees alike.

Mobile-Friendly: The new form is designed to be a fillable document on tablets and mobile devices, offering convenience and flexibility during the verification process.

Standalone Supplements: The Section 1 Preparer/Translator Certification area is now moved to a separate supplement, allowing employers to provide it to employees only when necessary. Additionally, Section 3, Reverification and Rehire, has been moved to a standalone supplement, which employers can print as required.

Updated List of Acceptable Documents: The revised form now includes some acceptable receipts, along with guidance and links to information on automatic extensions of employment authorization documentation.

Simplified Instructions: Employers will now have instructions reduced from 15 pages to 8 pages, making the process more straightforward.

Remote Examination Checkbox: Employers enrolled in E-Verify will have the option to indicate that they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure instead of conducting a physical examination.

Important Dates and Compliance

The new Form I-9 (edition date 08/01/23) will be made available on uscis.gov on August 1, 2023. Until October 31, 2023, employers can continue using the current Form I-9 (edition date 10/21/19). However, starting November 1, 2023, all employers must switch to the revised form to ensure compliance with the latest USCIS requirements.

Partnering with Clear I-9 for a Seamless Transition

At Clear I-9, we understand the importance of maintaining updated and accurate employment eligibility verification records. Our team is dedicated to assisting employers with a seamless transition to the new Form I-9 and staying compliant with immigration regulations. Stay tuned for more updates and resources on our website to make your transition to the revised Form I-9 a breeze!

Webinar: Demystifying I-9 Section 2 Changes

Thu, 29 Jun 2023 15:44:19 GMT

Learn How to Navigate the Recent Form I-9 Section 2 Changes

Join Attorney Michael Neifach and Clear I-9 President Melissa Prentice for a free webinar on Section 2 form I-9 Compliance and best practices on July 12, 2023 at 1:00 PM EDT.

Attendees will learn the ins and outs of Section 2 I-9 compliance, how to prepare for federal agency audits, and best practices surrounding audit prevention and records maintenance.

Section 2: What's Changed?

Employers will have until August 30, 2023, a 30-day period, to comply with physical Form I-9 document inspection requirements.

Employers will be required to ensure that all I-9 forms are completed and maintained accurately, with no errors or omissions. Failure to comply with the new Form I-9 requirements could result in severe financial penalties and legal exposure.

The Webinar

Our presenters will teach you how to navigate each and every Form I-9 Section 2 change so that you and your employers are ready for the August 31st deadline.

Michael Neifach is an attorney for Jackson Lewis P.C. Michael's practice focuses exclusively on immigration law. He advises corporate and individual clients on a broad range of issues, including maintaining strict workplace law compliance in an era of heightened government enforcement targeting employers. He represents a variety of clients, ranging from large companies to private equity funds, and law firms to high profile individuals with specific ongoing immigration or visa problems. Michael will be joined by Clear I-9 President., Melissa Prentice.

Melissa Prentice is the President of Clear I-9 and a 10-year industry veteran. Since 2013 Melissa has spent her time focused on the world of I-9 compliance. She has been instrumental in working with clients of all sizes and helps to provide thought leadership and strategic direction. Prior to joining Clear I-9, Melissa worked for Equifax, Inc., I-9 Advantage, Bullhorn, and Avionte.

Our presenters will do a deep-dive into the following topics:

Section 2 Form I-9 Compliance best practices
How to avoid potentially costly federal penalties
How I-9 compliance software could help

To register for the free webinar, click the image above or the button below.

Only 60 Days Left to Make Your Form I-9's Compliant

Wed, 28 Jun 2023 18:25:32 GMT

The Form I-9 Deadline is Quickly Approaching

The Form I-9 compliance and the end-of-flexibilities deadline is approaching quickly, with only 60 days (about 2 months) left to make sure your I-9 forms are complete and error free.

In May of 2023, the department of Immigration and Customs Enforcement announced the end to COVID era virtual remote Form I-9 verification. Any employers relying on the temporary policy to perform remote I-9 inspections should ensure that all I-9’s completed using this exception policy, are physically inspected by August 30, or earlier, as required under the policy.

Necessary Information for Employers:

With the rescission of old COVID flexibilities, employers must identify potential problem areas in their I-9 compliance and bookmark federal deadlines in order to avoid costly penalties and legal liability.

Any mistakes or omissions in a form I-9 must be corrected by the employer within 10 days of discovery
After July 31, you can no longer conduct virtual review of documents for the purpose of completing the I-9 Form
All forms created during the exception period using this flexibility must be Revised with an in-person review no later than August 30, 2023.
Clear I-9 help you in a cost-effective manner and expedite the process

Compliant Form I-9 Software: The Best Defense is a Great Offense

The best way to ensure your I-9 forms and process are compliant is to be proactive. Maintain an internal audit schedule and leverage compliant I-9 software to save time, money, and to streamline your onboarding process.

Clear I-9 offers a secure, easy-to-use platform for employers to create, manage, and store I-9 forms, ensuring that all required information is captured accurately and stored securely. Clear I-9 automatically checks for errors in each section of the form I-9, alerts users to errors and omissions, and allows employers to make quick corrections when necessary.

We are proud to announce multiple cost-effective options for compliant remote I-9s. For less than $10 an I-9, employers can meet the new compliance requirements and avoid expensive fines.

Supercharge your I-9 compliance. Click the button below to schedule a demo today!

Florida Employers Must Utilize E-Verify for Employment Eligibility Verification

melissa@cleari9.com (Melissa Prentice) — Mon, 12 Jun 2023 14:37:16 GMT

Effective July 1, 2023, private employers in the state with at least 25 employees must utilize E-Verify to verify the eligibility of new employees

In an effort to maintain a legal workforce and comply with federal regulations, Florida has implemented a new law that mandates the use of the E-Verify system for certain employers. Effective July 1, 2023, private employers in the state with at least 25 employees must utilize E-Verify to verify the eligibility of new employees within three business days of their first day of work. Learn more about Florida’s new law here.

In this blog post, we'll dive into the new law, break down the requirements employers need to follow, and give you some practical guidance on how to stay compliant.

Understanding E-Verify

E-Verify is an online employment verification system that compares information provided by new employees on their Forms I-9 to records stored in the Department of Homeland Security (DHS) and Social Security Administration (SSA) databases.

While it is typically a voluntary program for non-federal contractors, participating in E-Verify can demonstrate good faith compliance with the Immigration Reform and Control Act (IRCA).

Key Requirements for Employers

Document Retention: Employers must retain records of documentation and verification for newly hired employees for a minimum of three years. This includes the necessary paperwork generated during the E-Verify process.
Presumption of Compliance: By utilizing the E-Verify system, employers create a rebuttable presumption that they are meeting the standards of good-faith compliance by not consciously hiring an unauthorized worker (read blog) .
Unavailability of E-Verify : Employers cannot excuse themselves from using E-Verify even if the system is temporarily unavailable. In such cases, employers must utilize Form I-9 and document the system's unavailability by obtaining screenshots or saving public announcements about the system's downtime.
Certification for Unemployment Contributions: Employers must certify their usage of the E-Verify system when making contributions or reimbursements to Florida's unemployment system. This further emphasizes their commitment to employment eligibility verification.

E-Verify Penalties and Enforcement

The new law grants the government both audit privileges and substantial enforcement powers.
Noncompliance with the new law can result in penalties, with enforcement scheduled to begin on July 1, 2024.
Employers will have a 30-day cure period after receiving notice of noncompliance.
If an employer fails to use E-Verify as required three times within a 24-month period, the Department of Economic Opportunity (DEO) must impose a fine of $1,000 per day until sufficient proof of compliance is provided.
Additionally, a first violation leads to a one-year probationary period with reporting requirements, allowing businesses an opportunity to rectify any issues before facing license revocation.

Partnering for Clear I-9

Navigating the new law and ensuring compliance can be complex, so ensure compliance and simplify your I-9 management with Clear I-9 . Our easy-to-use Form I-9 software, created and overseen by I-9 compliance experts with extensive experience in employment eligibility and verification laws, helps you achieve and maintain compliance with all your I-9s. Our dedicated team of I-9 specialists collaborates closely with the Department of Homeland Security and renowned immigration attorneys to stay up-to-date with the constantly evolving Form I-9 and E-Verify regulations. We are committed to ensuring that our I-9 platform aligns with the latest requirements, keeping both our solution and your organization in compliance at all times.

With the implementation of the new Florida law requiring E-Verify usage, employers must proactively review their Form I-9 management processes to ensure compliance. By adhering to the key requirements, maintaining proper documentation, and partnering with reputable service providers, employers can demonstrate their commitment to maintaining a legal workforce while streamlining their employment verification processes. Stay informed, take the necessary steps, and ensure compliance with the new E-Verify requirement to protect your business and contribute to a lawful employment environment in Florida.

Clear I-9 Offers Employers Cost-Effective and Compliant Remote I-9s

melissa@cleari9.com (Melissa Prentice) — Tue, 16 May 2023 15:08:24 GMT

Clear I-9 Offers Cost-Effective Compliant Remote I-9s for Employers, Ensuring Seamless Compliance with Form I-9 Requirements

BIRMINGHAM, AL, Ala. — Atlanta, Georgia – Clear I-9, a leading provider of Form I-9 compliance, is proud to announce multiple cost-effective options for compliant remote I-9s. For less than $10 an I-9, employers can meet the new compliance requirements and avoid expensive fines.

With the recent announcement from the United States Immigration and Customs Enforcement (ICE) regarding the end of Form I-9 virtual remote inspection, Clear I-9 helps businesses navigate the changing landscape of I-9 compliance without sacrificing the ease of remote I-9s. In response to the challenges faced by employers during the COVID-19 pandemic, ICE had previously introduced flexibilities that allowed for remote inspections of Form I-9 documents.

However, with the expiration of these temporary COVID-19 flexibilities on July 31, 2023, employers are required to comply with physical Form I-9 document inspection requirements by August 30, 2023. Clear I-9 understands the importance of streamlining the compliance process for employers and offers a cost-effective solution.

With Clear I-9's Remote Compliance, businesses can achieve compliance quickly and efficiently at a fraction of the cost. By leveraging Clear I-9's expertise and user-friendly platform, employers can ensure that all I-9 forms are completed accurately and securely, reducing the risk of errors or omissions.

"Our goal at Clear I-9 is to simplify the I-9 compliance process for employers of all sizes," said Melissa Prentice, President at Clear I-9. "We recognize the challenges posed by the recent changes in Form I-9 requirements, and for under $10 per I-9 employers can compliantly update historical remote I-9’s and complete new remote I-9s, providing an efficient solution to help businesses meet the new compliance standards."

Clear I-9's comprehensive platform offers features such as automatic error-checking and alerts, enabling employers to identify and correct any discrepancies or mistakes in real-time. By utilizing Clear I-9's electronic I-9 system, employers can easily manage their I-9 forms, ensuring ongoing compliance with federal regulations.

As the deadline for compliance approaches, Clear I-9 invites employers to schedule a call to learn more about how their services can simplify the I-9 compliance process. By choosing Clear I-9, businesses can save time, reduce costs, and mitigate the risk of fines associated with non-compliance.

Read the press release.

Schedule a Demo with an I-9 expert today!

ICE Ends Form I-9 Virtual Remote Inspection: What Employers Need To Know

lindsay@oncentive.com (Lindsay Morton) — Mon, 08 May 2023 14:01:28 GMT

ICE Ends Form I-9 Virtual Remote Exception &
Gives Employers Until August 30 for In-Person Form I-9 Verification

As of May 2023, the United States Immigration and Customs Enforcement (ICE) has officially announced the end of Form I-9 virtual remote inspection. The flexibilities were originally issued to help employers navigate the challenges of conducting in-person inspections while maintaining social distancing guidelines.

According to the ICE announcement, employers have until August 30, 2023, a 30-day period, to comply with physical Form I-9 document inspection requirements after the temporary COVID I-9 flexibilities expire on July 31. Employers who have been relying on the temporary policy to perform remote I-9 inspections should ensure that all I-9’s completed using this exception policy, are physically inspected by August 30, or earlier, as required under the policy.

What were the temporary COVID-19 flexibilities?

The I-9 form is a critical component of the hiring process for employers in the United States. It is used to verify the identity and employment eligibility of all new hires, as required by federal law. Employers are required to fill out the I-9 form within three days of hiring a new employee, and to keep the completed form on file for three years after the date of hire, or one year after the date of termination, whichever comes later.

In response to the COVID-19 pandemic, ICE relaxed the requirement for employers to have operational status and instead focused on employees, allowing remote inspections for those working from home due to COVID-19. ICE introduced a temporary policy allowing for the virtual inspection of I-9 documents in March 2020.

In April 2021, ICE expanded the "in-person" exemption, giving companies flexibility as they phased back employees, so in-person inspections were not required for all new hires. ICE updated their instructions, replacing the phrase "once normal operations resume" with "until [the employee] undertakes non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier."

It's important to note that ICE's guidance never applied to permanent remote employees who were allowed to work from anywhere without returning to an in-person setting. However, many employers misinterpreted the applicability standards and allowed for remote inspections incorrectly. In this case, an authorized representative should update the I-9 with a physical inspection if an employee cannot appear at the worksite. If mistakes were made, companies must move forward and remediate as quickly and accurately as possible.

What Employers Need To Know:

After July 31, you can no longer conduct virtual review of documents for the purpose of completing the I-9 Form
All forms created during the exception period using this flexibility must be Revised with an in-person review no later than August 30, 2023.
Clear I-9 help you in a cost effective manner and expedite the process

How Clear I-9 Can Help:

As you review your I-9 forms and process, ongoing compliance should be top-of-mind. Clear I-9 offers a secure, easy-to-use platform for employers to create, manage, and store I-9 forms, ensuring that all required information is captured accurately and stored securely. Electronic I-9 systems also offer features such as automatic error-checking and alerts, helping employers to quickly identify and correct any errors or omissions.

We are proud to announce multiple cost-effective options for compliant remote I-9s. For less than $10 an I-9, employers can meet the new compliance requirements and avoid expensive fines.

Schedule a demo today!

Watch Now - Demystifying I-9 Section 2 Changes: What Employers Need to Know

Thu, 04 May 2023 18:51:00 GMT

Access Our OnDemand Webinar

Pre-recorded Webinar May 4, 2023

Demystifying I-9 Section 2 Changes: What Employers Need to Know

Watch Attorney Michael Neifach and Clear I-9 President, Melissa Prentice, in this informative webinar about compliant best practices for completing Section 2 of remote Form I-9s.

Form I-9 Section 2: What's Changed?

The United States Immigration and Customs Enforcement (ICE) has officially announced the end of the Form I-9 virtual remote inspection flexibilities. Those flexibilities—originally issued to help employers navigate the challenges of conducting in-person inspections while maintaining social distancing guidelines—will end on August 30, 2023.
Employers will have until August 30, 2023, to comply with physical Form I-9 document inspection requirements.
Employers will be required to ensure that all I-9 forms are completed and maintained accurately, with no errors or omissions. Failure to comply with the new Form I-9 requirements could result in severe financial penalties and legal exposure.

Compliance Cautionary Tale: Franchisee Pays Form I-9 Fines

Wed, 19 Apr 2023 19:26:11 GMT

Compliance Cautionary Tale:

Hooters Franchisee Pays In Form I-9 Fines

The recent settlement between the Department of Justice and Hooters serves as a cautionary tale for businesses everywhere about the importance of proper I-9 compliance. Destin Wings LLC, a Florida-based establishment operating under the name Hooters of Destin, was found to have violated the Immigration and Nationality Act (INA) by discriminating against a non-U.S. citizen during the process of verifying her eligibility to work in the United States.

The popular restaurant chain found itself in hot water after an employee filed a complaint that the staff refused to accept her valid documentation and asked for additional documentation. The anti-discrimination provision of the INA prohibits employers from asking for specific documents — or more documents than necessary — based on a worker’s citizenship, immigration status, or national origin.

The Hooters case showcases the risk associated with not investing the necessary time and resources into I-9 compliance. These risks can be mitigated by investing in a compliant I-9 system that guides new hires on how to properly fill out an I-9, what documentation is necessary and offers training for the staff members responsible for overseeing the collection of I-9 forms.

The I-9 process can be complicated, and it is essential that businesses have a solid understanding of the requirements in order to avoid costly mistakes. The I-9 form is used to verify the identity and employment eligibility of all employees hired in the United States. Employers must complete the form within three days of a new employee's start date, and they must retain the form for a specified period of time. Failure to comply with the requirements can result in significant fines and penalties.

The Hooters settlement should serve as a wake-up call for businesses of all sizes. I-9 compliance is not an area where shortcuts can be taken. It is essential to invest in proper training for staff responsible for completing the forms, and a compliant I-9 software system in place for retaining and maintaining the forms . Failure to do so can result in costly fines and penalties, as well as damage to a company's reputation. Businesses should take the Hooters case as a cautionary tale and take steps to ensure that their own I-9 processes are in compliance with federal law.

How To Perform a Form I-9 Self Audit

Thu, 13 Apr 2023 15:43:16 GMT

Ensuring All Current and Recent Employee's I-9's Are Up To Date

As an employer in the United States, you are required by law to complete and retain a Form I-9 for every employee you hire, regardless of their citizenship status. Form I-9 is used to verify an employee's identity and employment authorization. Failure to comply with the requirements of Form I-9 can result in severe fines and penalties.

With rapid DHS policy changes because of COVID-19, it can be difficult to stay up to date on all the rule changes. Conducting a Form I-9 self-audit can help you identify any potential issues and ensure compliance with federal law. A self-audit can also provide you with an indication of good-faith compliance with the Immigration Reform and Control Act of 1986.

The primary focus of any internal audit should be on ensuring all current, and recent employees have a completed I-9.

Steps To Perform Form I-9 Self Audit

Step 1: Gather Documents

The first step in conducting a Form I-9 self-audit is to gather all of your I-9 forms. This includes forms for current and former employees. Make sure that you have a complete and accurate record for each employee, including any updates or corrections that may have been made.

Step 2: Review Each Form I-9

Once you have gathered all of your I-9 forms, review each form to ensure that it is complete and accurate. Make sure that all of the required fields are filled out, and that the information provided is correct. This includes verifying the employee's identity and employment authorization documents. If an employee has indicated temporary work authorization in Section 1, you must reverify when appropriate.

Step 3: Identify Any Errors or Omissions

During your review of each I-9 form, identify any errors or omissions that may need to be corrected. This includes missing or incomplete information, incorrect dates, or missing signatures. You should also ensure that the information provided on the Form I-9 matches the information provided by the employee and their supporting documents.

Some of the most common problems include:

✔ Missing I-9s for current employees;

✔ Incomplete personal information;

✔ Unidentified status for U.S. citizens;

✔ Lack of an employee signature;

✔ Failure to designate whether a translator was used; and

✔ An untimely completed form.

Step 4: Make Corrections

If your self-audit catches one of the above errors, you are allowed to correct only Sections 2 and 3. The employee must correct any errors or missing designations in Section 1. Make sure to note any corrections that are made and the date that they were made. At no point should employers discard or white-out mistakes on previous I-9 forms. Corrections or additions should be initiated and dated. To correct an error, employers and employees must simply draw a line, enter the correct information, and initial and date the change. If you find multiple errors, however, U.S. Customs and Immigration Services (USCIS) recommends filling out a new I-9 with a memorandum or note explaining the changes and need for a new form and stapling the note and new form to the original.

What is Good-Faith Compliance?

Thu, 13 Apr 2023 15:09:37 GMT

How Employer's Good-Faith May Help Avoid Penalties

Good-Faith Compliance refers to the practice of making a good faith effort to comply with the legal requirements of Form I-9, even if the documentation is later found to be incomplete or incorrect. Employers who follow this practice can avoid many of the penalties associated with Form I-9 violations, including fines, audits, and legal action.

The concept of good-faith compliance is rooted in the Immigration Reform and Control Act of 1986 (IRCA). IRCA requires employers to verify the employment eligibility of all employees hired after November 6, 1986, by completing Form I-9. Employers must also keep the forms for a certain period and make them available for inspection by authorized government officials.

To demonstrate good-faith compliance, employers must show that they have made reasonable efforts to ensure that their Form I-9 processes are accurate and complete. This includes conducting regular self-audits of their Form I-9 records, training their employees on the proper procedures for completing and updating the forms, and implementing effective processes to detect and correct any errors or omissions.

Employers who follow the best practices for good-faith compliance can also take advantage of the "safe harbor" provision, which shields them from liability for technical or procedural errors on the Form I-9. For instance, if an employer discovers that an employee's Form I-9 is missing a document or contains incorrect information, they have the opportunity to correct the form and provide the missing or corrected document. If done within a reasonable time frame, this will usually be considered good-faith compliance, and the employer may not be subject to penalties.

In conclusion, good-faith compliance with Form I-9 requirements is critical for employers to avoid penalties and maintain compliance with IRCA regulations. By implementing effective processes to detect and correct errors, conducting regular self-audits, and training their employees on proper procedures, employers can demonstrate their commitment to compliance and avoid penalties.

Form I-9 Fines Increase Yet Again Due to Annual Inflation

Thu, 30 Mar 2023 21:12:00 GMT

Form I-9 fines have increased yet again due to inflation. Effective as of January 15, 2023, the increase in penalties relates to violations assessed on or after January 13, 2023. The U.S. Department of Labor (DOL) published this rule to adjust for inflation the civil monetary penalties assessed or enforced by the Inflation Adjustment Act.

The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year.

Here's a summary of how fines have increased:

Minimum Substantive Form I-9 Violations (1st offense) have increased from $252 to $272 per form.
Maximum Substantive Form I-9 Violations (1st offense) have increased from $2,507 to $2,701 per form.
The penalty for knowingly employing undocumented workers (1st offense) now ranges from $679 to $5,404 .

More information can be found in the Federal Register publication here .

As Form I-9 fines continue to increase it's important for every U.S. employer to ensure that stay on top of Form I-9 compliance requirements. Even though you may be juggling several HR and staffing priorities, falling behind on Form I-9 and E-Verify regulations may be something that your organization can't afford.

Tips to Avoid Form I-9 Compliance Violations

Thu, 30 Mar 2023 21:12:00 GMT

Tips for ensuring compliance and minimizing your risk of lofty Form I-9 fines & audits.

The Immigration Reform and Control Act of 1986 was introduced almost four decades ago. However, many employers still face challenges in avoiding Form I-9 compliance violations and fail to understand the potential impact on their businesses. Negligence can result in a broad range of I-9 compliance violations, leading to costly penalties imposed by the U.S. Immigration and Customs Enforcement (ICE).
Establishing a Detailed and Comprehensive Policy: Immigration compliance is essential for businesses to prevent costly errors, improve I-9 administration, and minimize the risk of future violations. Therefore, it's essential to establish a detailed and comprehensive policy and adhere to it.
Technical Form I-9 Compliance Violations: Inaccuracies in maintaining Form I-9 administration can lead to warnings, administrative fines, penalties, and even criminal prosecution. ICE may identify technical and substantive violations, which can happen due to errors or omissions in Form I-9 administration.
Substantive Form I-9 Compliance Violations: Substantive violations are more than omissions, and their correction may not be possible. They may occur when the employer fails to prepare or present the I-9 on time, neglects to sign or date the attestation or document, or fails to secure a proper List A document or proper List B and List C documents.
Non-Compliance Leads to Penalties: The ICE increased the scope and frequency of I-9 inspections, resulting in civil and criminal penalties for violations. The fines range from $272 to $2,701 per violation for I-9 paperwork violations, and the penalty increases with each repeated violation. Employers may also face higher fines if they knowingly hire or continue to employ workers without work authorization.
How to Remain Compliant: To ensure compliance, employers need to establish and maintain effective I-9 policies, use E-Verify, and prepare for strict ICE inspections. Automating the process through a compliant I-9 software like Clear I-9 can minimize risk by monitoring employment authorization expiration dates, storing I-9 forms, and utilizing E-Verify in a secure way.
Employers need to take Form I-9 compliance seriously to avoid costly penalties and criminal prosecution. By adopting a digital solution and following the regulations updates, employers can avoid both common and complicated Form I-9 compliance violations and improve their operations, securing significant savings.

What Employers Need to Know: Three Major Changes Coming to Form I-9 in 2023

lindsay@oncentive.com (Lindsay Morton) — Mon, 20 Mar 2023 00:23:18 GMT

What Employers Need to Know: Three Major Changes Coming to Form I-9 in 2023

This year, a new Form I-9 for 2023 is expected to be introduced with updated processes and fewer pages. Once the new processes are approved The Department of Homeland Security (DHS) will publish a notice through the Federal Registrar as the new version becomes available and USCIS will issue timelines for its use. Compliance is particularly important due to the recent increase in Form I-9 fines. Until the new form arrives, the current Form I-9 has been extended, despite the expiration date of October 31, 2022.

1. Permanent Remote Process for Section 2 Verification
On October 26, 2021, USCIS published a notice in the Federal Register seeking input from the public regarding I-9 document examination practices. A vast majority of the comments collected supported a remote I-9 document verification option, which can help to alleviate burdens on both employers and their employees. An additional comment period was conducted in August, 2022 for proposed rule-making regarding Section 2 verification. The proposed rule change includes a permanent remote process for completing Section 2, replacing the temporary one introduced during the COVID-19 pandemic.This method could involve the use of E-Verify or another process to be announced. The current flexibilities for remote I-9 verification has been extended through July 2023, and this potential change could establish a permanent one.

The proposed rules would allow DHSto not only extend these flexibilities, but alternatives may be implemented through a pilot program, for some or all employers (or authorized representatives acting on an employer's behalf). In the Notice of Proposed Rulemaking, DHS indicated that the I-9 would include a check box for employers to indicate that they used remote Section 2 procedures.. This may also allow for an adjustment to I-9 audit procedures used by Immigration and Customs Enforcement (ICE).. Additionally, mandatory training may be required to address fraudulent documentation and anti-discrimination practices for employers who use the alternative remote options.

It is important to note that the procedure may ultimately be limited to specific employers who are registered with and use E-Verify. Employers who have had recent unfavorable outcomes as a result of a failed I-9 audit,or may have otherwise had penalties levied against them for non-compliance related to Form I-9 could be excluded from participating.

2. Simplifying Sections 1 and 2

Additional changes to the new Form I-9 may include shortening the form so Sections 1 and 2 appear on the same page, and Section 3 may become a supplement only used for rehires or reverifications.

3. Requirement of N/A in Empty Fields

DHS is proposing the removal of the requirement to supply the N/A in empty fields. This means employers no longer need to use N/A in place of every blank space.

It is essential for employers to familiarize themselves with these 2023 Form I-9 changes to avoid lengthy audits and potential penalties. Currently, penalties for a first offense or administrative Form I-9 errors range from $272 to $2,701..

Employers should be aware that new processes can cause confusion, which coupled with higher penalties can be very painful. To ensure compliance, employers should create standard operating procedures and best practices for their I-9 processes, conduct some sort of annual self-audit to identify training opportunities, and incorporate some sort of annual I-9 training for those who are asked to complete Form I-9. While the form itself may not change often circumstances surrounding it may, like new enforcement positions and regulatory requirements.

Employers can lean on Clear I-9’ s trusted I-9 compliance experts to learn how to get a head start on complying with potential changes or improving their organization's overall I-9 management process.

I-9 and E-Verify for Mergers and Acquisitions

Tue, 14 Feb 2023 18:16:01 GMT

Merging with or acquiring another company can be an exciting time of growth in which your business is newly opened up to a broader range of verticals and markets. Even if your company is the one being acquired, you can benefit from access to opportunities and resources, however there are a number of precautions you must take as a company leader to help ensure the success of the reorganization your company is undergoing.

The mergers and acquisitions process, which is already fairly complex, only becomes more complicated with the existence of employment eligibility compliance issues. All businesses involved must work to help ensure that their employee documents, including Form I–9, are both comprehensive and fully accurate, to help avoid the possibility of federal investigations that might lead to costly fines and other serious penalties.

Form I-9 review as part of the M&A process

If your business is the party acquiring another, you won't be under any obligation to review the latter company's Form I-9 documents until the full acquisition is complete. If you're being acquired, you're not obligated to turn over the previously completed Form I-9s or any other documents beyond those legally necessary for the transaction before it's all over, and you become a subordinate of the parent company.

However, it's best for I-9s to be requested and shared beforehand – not only in the interest of good faith, but so the parties involved can determine if any issues exist regarding employment verification. This can help to address any such problems sooner rather than later.

Essential steps for the audit process

According to an article in The National Law Review, the acquiring business should look for certain specific issues or warning signs when conducting an audit of the I-9s from its forthcoming acquisition. Form I-9 fines have recently increased and even minor errors can lead to finable offenses. If you're in the acquiring position, you may want to take some of the following steps:

Check to see if the total number of I-9s for the company you're acquiring matches up with a master list of all payroll employees.
Review each Form I–9 to see if it's complete and correct.
Find any errors that are present and begin working to rectify them

After going through everything detailed above, you'll know the extent of the compliance issues you will be taking on with this new company and can then make choices about how to proceed.

Do you need to complete new I-9s?

According to USCIS, employers who have acquired another company or have merged with another company may choose to treat employees who are continuing their employment as new hires, in which case a new Form I-9 must be completed for all employees or employers can choose to continue employment, in which case employers must obtain the previously completed I-9 and maintain compliance with employment eligibility requirements.

If choosing to complete a new I-9 for employees treated as new hires, employers can do so before the merger or acquisition takes place as long as the employer has provided a job offer and the new employee accepts.

Timelines for I-9 completion should be met, such as ensuring Section 1 is completed no later than the first day of employment and Section 2 is completed within three business days of employment. It’s important to note that the “effective date” of the merger or acquisition needs to be included as the new employment date in Section 2 of each I-9.

Employers who choose to keep existing I-9s that were previously completed assume responsibility for any errors or omissions on those forms. Employers may want to review each Form I-9 with the employee and update or reverify the employee’s information, as necessary.

U.S. Employers are required to complete a Form I-9 for employees hired on or before November 6, 1986. If employees who were hired before November 6, 1986 continue their employment, then they are exempt. However, if new employment begins those employees will need to complete a new Form I-9 - the same as all other new hires.

You should also keep in mind that by obtaining existing I-9s, you may also be assuming any risk related to errors in the acquired company's documents even though your team may not be responsible for overseeing those mistakes. This may also be an opportunity to revamp your I-9 compliance processes if your acquisition has an existing policy in place that's better than your company’s.

I-9 compliance during a merger may be a bit more complicated. The newly unified company will be legally responsible for all employment verification paperwork, but leaders of both organizations will have to be involved in any audit process.

What about E-Verify?

In addition to maintaining I-9 compliance during the acquisition process, employers who use E-Verify voluntarily or are required by state law must also run all acquired employees through E-Verify.

E-Verify Timelines for Mergers or Acquisitions

Employers who are already using E-Verify as required by the FAR E-Verify clause must comply with the timelines listed below for verifying employees gained through merger or acquisition.

Employers who choose to verify their entire workforce will have 180 days from the effective date of the merger or acquisition to create an E-Verify case for each of the non-exempt employees acquired from the other company.

Employers who will not be verifying their entire workforce will have 90 days from the effective date of the merger or acquisition to create an E‑Verify case for each of the non-exempt employees who joined the company due to a merger with or acquisition of the other company.

Regardless of the timeline for creating cases for acquired employees, you must create cases for each newly hired employee who joins the company outside of the merger or acquisition process no later than the third business day after the employee begins work for pay.

Employers who are using E-Verify as required by the Federal Acquisition Regulation (FAR) clause may decide to verify, or reverify their entire workforce. If the company chooses that option, then they have 180 days to create E-Verify cases for each non-exempt worker. If the company chooses not to E-Verify the entire workforce, then they have 90 days to create E-Verify cases for each non-exempt employee acquired.

A new process for a new transition

Careful due diligence during M&A is essential for a successful transition and risk mitigation. Being prepared and implementing new processes and tools to streamline and reduce risks during the transition can be helpful. Learn how solutions like Clear I-9 can help organizations during the merger or acquisition process.

Form I-9 and E-Verify Updates and Trends

Fri, 10 Feb 2023 23:14:17 GMT

The Next Generation of E-Verify

Recently USCIS released information on some of their key priorities for the next 3 years. Part of their strategic initiatives includes improving the E-Verify and Form I-9 experience in addition to the verification process itself. USCIS plans to roll-out a proof of concept for a “next generation” E-Verify system using a simulation. The simulation is expected to help reduce duplicate data and give more control to employees during the verification process. According to USCIS, E-Verify “NextGen” will integrate the E-Verify and Form I-9 experiences with streamlined verification to help improve the ease-of-use for both employees and employers.

Will a new version of Form I-9 be issued?

A new version of the Form I-9 has been expected to be issued for quite some time following proposed changes to the Form and instructions as announced last year. Employers should continue using the version of the I-9 with an expiration date of October 31, 2022, until further notice. Here are some highlights about the proposed changes:

Reducing the number of pages for Section 1 and Section 2 from two pages to one page.
Section 3 may be moved to a separate Reverification and Rehire Supplement Form, to be completed only if necessary.
Updating the Lists of Acceptable Documents to include a link to List C documents
Simplifying I-9 instructions from 15 pages down to 7 pages, and including links to the M-274 Handbook for Employers.
Removing PDF restrictions to enable the Form I-9 to be completed on all electronic devices.

Remote I-9 Verification

Last year the Department of Homeland Security (DHS) DHS published a Federal Register notice on August 18 to invite public comments on a Notice of Proposed Rulemaking that would create a framework to authorize alternatives for remote I-9 verification options.

Alternatives may be implemented through a pilot program, for some or all employers (or authorized representatives acting on an employer's behalf), or as a temporary measure. Currently the flexibilities in remote I-9 verification are set to expire at the end of July, 2023.

Worksite Enforcement Trends

Form I-9 fines increased due to inflation last month (as mentioned in our recent blog ), and Immigration and Customs Enforcement (ICE) has requested a budget to hire approximately 700 new workers in part of its fiscal year justification for 2023. Although worksite enforcement actions and I-9 audits are still expected to remain a priority for the agency, I-9 related enforcement actions have actually been trending downward over the past two years, however with new priorities being discussed for 2023, things may soon change.

Since 2022 we have seen an uptick in cases of I-9 related penalties doled out by the Department of Justice over discriminatory practices discovered during the Form I-9 process. This is a trend that we expect to see continue throughout the year. The most recent case involves a staffing firm that settled with the DOJ for $250,000. Read more about that case here or download our infographic to learn more about avoiding discrimination during the I-9 process.

Even though some changes are set to take place and trends continue to emerge, employers still need to ensure their compliance with Form I-9 and E-Verify requirements. Learn more about how Clear I-9 can help.

Stay tuned for more updates about Form I-9 and E-Verify.

Staffing Company Hit With $250K in Civil Fines for I-9 Related Violations

Tue, 24 Jan 2023 17:46:53 GMT

Discrimination during the Form I-9 process should be a consideration for all staffing and HR professionals

The U.S. Department of Justice (DOJ) recently announced a settlement agreement with a Minnesota based staffing company. This settlement is a result of a DOJ investigation which determined that the staffing company violated the Immigration and Nationality Action (INA) anti-discrimination provision during the Form I-9 document review process.

According to the terms of the settlement agreement the staffing company is ordered to pay $250,000 in civil fines and create a backpay fund of $100,000 for employees who were discriminated against.

What led to the settlement?

The staffing company routinely requested green cards and additional unnecessary documents from lawful permanent residents in order to verify their employment eligibility. Requesting specific work authorization documents for U.S. citizens and non-citizens is a form of discrimination under the INA.

Why requesting specific documents violates the law

Employers should never request specific documents to prove identity or work authorization during the document review process for Form I-9 verification. They must instead, allow workers to present whatever acceptable documentation the employee chooses and cannot reject valid documentation that reasonably appears to be genuine. In addition, if a lawful permanent resident provides an unexpired permanent resident card to prove their permission to work, em ployers must not request new documentation if the permanent resident card later expires. The INA prohibits employers from unnecessarily reverifying a worker’s permission to work.

“When employees present legally acceptable documentation to demonstrate their permission to work, employers cannot demand different or additional documents because of the employees’ citizenship or immigration status,” stated Assistant Attorney General, Kristen Clarke of the DOJ’s Civil Rights Division.

To better understand the document review process for Section 2 of the I-9 check out our recent blog article.

Last year several organizations were fined for similar discrimination procedures during the onboarding and I-9 process, and another staffing company was fined more than 1.5M for administrative Form I-9 related errors. Fines like these can be detrimental, and failure to comply with I-9 and E-Verify requirements can lead to greater scrutiny and liability.

Learn how a Form I-9 compliance solution can help you and your staff avoid discrimination and other administrative mistakes. Get in touch with an I-9 specialist to learn more about how Clear I-9 can help your organization with Form I-9 and E-Verify compliance.

Form I-9 Fines Increase Yet Again

Sun, 15 Jan 2023 15:58:45 GMT

Form I-9 Fines Increase Yet Again Due to Annual Inflation

The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year.

Here's a summary of how fines have increased:

Minimum Substantive Form I-9 Violations (1st offense) have increased from $252 to $272 per form.
Maximum Substantive Form I-9 Violations (1st offense) have increased from $2,507 to $2,701 per form.
The penalty for knowingly employing undocumented workers (1st offense) now ranges from $679 to $5,404 .

More information can be found in the Federal Register publication here.

Florida Companies Hit With E-Verify Compliance Letters

Tue, 20 Dec 2022 19:54:40 GMT

Six Florida Companies Served with E-Verify Compliance Letters

On Dec 17, 2022 Florida’s Department of Economic Opportunity (DEO) announced that the office sent letters to six companies to inform them that they are required to provide documentation to prove their compliance with Florida’s E-Verify® laws.

"Companies that have not affirmed that all employees have passed E-Verify and are authorized to work in the United States are given an opportunity to cure the issue and so affirm." , stated Bryan Griffin, the press secretary for Governor Ron DeSantis.

The letters to the companies instructed them to confirm an affidavit that they had fired any "unauthorized aliens" they had employed, that each company would not "intentionally or knowingly employ an unauthorized alien," and that the company would comply with section 448.095(3)(b), Florida Statutes and the state's E-Verify laws.

Florida's Department of Economic Opportunity (DEO) informed the companies that they have one final chance to send documentation to the state to prove their compliance with Florida’s E-Verify requirements.

E-Verify is an online system that compares information from an employee’s Form I-9, to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA) to confirm employment eligibility.

What is included in Florida's E-Verify Laws?

If a private employer does not verify employment eligibility of its new employees, Florida’s DEO will require the employer to provide an affidavit stating that it will comply, that it has terminated the employment of all unauthorized workers in the state, and that the employer will not intentionally or knowingly employ an unauthorized worker in the state. If this information is not provided, the appropriate licensing agency will suspend all applicable licenses held by the private employer until it provides the DEO with the affidavit. An employer found to have violated this provision three times within any 36-month period will face permanent revocation of all licenses it holds specific to the business location where the unauthorized worker performed work (or alternatively, all of the licenses necessary to operate the employer’s business generally).

The announcement of the letters may be a sign of more aggressive tactics to deter illegal employment in the state of Florida, but may also create larger burdens for the state’s employers.

The difference between Form I-9 and E-Verify

Form I-9 compliance is a U.S. requirement for all American employers. The form is used to verify employment eligibility and verify identification of workers to ensure they are legally authorized to work in the United States.

The Form I-9 is key to the E-Verify system, which is mandated by certain states, localities, and is voluntary for most employers.

The web-based E-Verify system compares information the employer enters from Form I-9 to records available to the Social Security Administration and the U.S. Department of Homeland Security. This verification then helps to confirm an employee’s eligibility to work in the United States.

Even though E-Verify uses information from Form I-9, there are some important differences between Form I-9 and E-Verify requirements, such as:

Considerations and take-aways

The complex rules and regulations regarding the Form I-9 can often be burdensome for employers to manage, due continual legal changes and the complex nature of the Form itself. Employers need to make sure they follow all national, state, and local laws regarding employment eligibility and verification, however, they also need to be mindful of possible discrimination during the Form I-9 and E-Verify process. Learn more about how this topic can land companies in hot water in our recent blog article.

The trend of increasing enforcement regarding Form I-9 and E-Verify may continue to be a hot topic in southern states facing immigration related issues, however these laws also apply every U.S. employer. American companies must be prepared to tackle current legal requirements or they could likely risk facing harsh penalties.

An I-9 management solution like Clear I-9 can help employers overcome many of these obstacles by making the Form I-9 and E-Verify process easier and helping to ensure compliance. Taking the guesswork out of completing the I-9 and automatically submitting I-9s to E-Verify as an option, can help HR and staffing professionals stay on top of all I-9 and E-Verify legal requirements for every worksite location.

Stay tuned to Clear I-9 for more E-Verify and Form I-9 information!

How Improper Form I-9 Verification Can Land You in Hot Water

Tue, 13 Dec 2022 18:00:44 GMT

Many employers are aware of how administrative errors on the Form I-9 can lead to hefty fines and penalties incurred from a failed I-9 audit. Common employment eligibility verification mistakes often include:

Inaccurate or missing information on the I-9
Failure to comply with current Section 2 requirements for remote workers
Improper storage and retention of I-9s and related documents
Misuse of E-Verify
Faulty rehiring and revivification

All of the errors above can land an organization in hot water during an I-9 inspection. However, employers should also be concerned with how they verify identification and work authorization documents to avoid unfair hiring practices and discrimination.

Recently the Department of Justice (DOJ), announced that it reached a settlement with a New York company and a West Coast affiliate that operate bakeries and retail boutiques. The settlement determines that the bakery and retailer violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens during the employment verification and Form I-9 process.

The DOJ investigation began when a non-U.S. citizen complained that the company had refused to accept his valid document which provided his right to work, while also requesting additional unnecessary documents.

According to the settlement agreement , it was found that the company engaged in a pattern or practice of requesting that lawful permanent residents present a Permanent Resident Card (also known as a “Green Card”) for the Form I-9. They also requested more or different documents than necessary for the Form I-9.

Employees must provide documentation to their employers to show their identity and authorization to work. However, the practice of requesting specific documents or more documents than necessary during the I-9 process is a violation of U.S. law.

The anti-discrimination provision of the Immigration and Nationality Act (INA), as amended, prohibits four types of unlawful conduct:

Unfair documentary practices
Citizenship or immigration status discrimination in hiring, firing and recruiting
National origin discrimination in hiring, firing and recruiting
Retaliation or intimidation.

The Department of Justice’s Civil Rights Division, Immigrant and Employee Rights Section (IER), enforces this law.

“Employers must verify that their employees have permission to work in the United States but cannot discriminate against them based on citizenship, immigration status or national origin when doing so,” stated Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division.

Although the monetary settlement in this specific case can be considered minimal, the company was required to change its hiring practices, and is now under scrutiny. Hefty fines have been incurred for similar violations as discussed in our recent blog: Avoiding Discrimination During the I-9 Process.

There are so many Form I-9 legal requirements to stay on top of that it can often become overwhelming. Electronic I-9 compliance solutions can help to ease the burden of meeting these requirements by ensuring that each I-9 is completed accurately, on-time, and with proper documentation.

Discover how Clear I-9 can help you comply with all Form I-9 and E-Verify regulations and book a consultation today.

Avoiding Discrimination During the I-9 Process

Wed, 23 Nov 2022 17:36:59 GMT

Avoiding discrimination is a key element of the hiring process that can be overlooked for several reasons. There are a number of ways in which an employer can discriminate against an applicant or a new hire, and it is up to human resources professionals to provide the training required to avoid such circumstances.

Recent cases have shown that just like the government's crackdown on Form I-9 violations through I-9 audits, discrimination can result in major losses for a company. For example, this year a Staffing company was found liable for more than 1,400 Form I-9 violations and was assessed a penalty in excess of $1.5 million. In addition to I-9 inspections conducted by Immigration and Customs Enforcement (ICE), employers should also be concerned about other government investigations concerning their I-9 practices.

Discrimination during the I-9 process can take place when employers request specific work authorization or employment eligibility documents. When verifying a worker's employment authorization, employers of any size are not allowed to demand more or different documents than necessary, request specific documents, or reject reasonably genuine-looking documents because of an employee’s citizenship, immigration status, or national origin. This is considered a form of discrimination under U.S. law and is enforced by the Immigrant and Employee Rights (IER) Division of the Department of Justice (DOJ).

A recent case of discrimination

Recently, a DOJ investigation conducted by IER found that during its I-9 process, a Maryland based janitorial services company routinely required specific documents from newly-hired non-U.S. citizens to prove they had permission to work in the United States.

The employer specifically requested lawful permanent residents to show their green cards, and asylees and refugees to show their work permits, to prove their permission to work. At the same time, the company allowed U.S. citizens to choose from among various acceptable document types. Under the settlement agreement, the company will pay a civil penalty of $300,000 to the United States.

The settlement also requires the janitorial company to train employees on the requirements of the INA’s anti-discrimination provision and subjects it departmental monitoring and reporting requirements for three years.

In a press release, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “Employers cannot treat employees differently because of citizenship, immigration status, or national origin when verifying their permission to work,” . “The Justice Department will continue to vigorously enforce the law to ensure that workers do not face discrimination when proving their permission to work in the United States.”

How can you avoid similar situations?

Avoiding document abuse is the first step to avoiding an I-9 discrimination lawsuit. Document abuse can come in a multitude of forms, and you should ensure employees are aware of all the possibilities in order to avoid discrimination. For example, over-documentation is the act of requesting more documents than what is required of the new hire.

Also, it is important to make sure you never turn down a document that appears genuine. It could be fake, but if it turns out that the document actually is real, then your company is likely to find itself in trouble. As far as document abuse is concerned, it is also important to avoid requesting a specific document.

This is probably the form of abuse that occurs most often, and it is easy to slip into thinking that this is okay. Make sure your staff knows that they cannot request specific documents from new hires. If a foreign national throws a pile of documents on a desk, with disregard for which ones are needed, even picking specific ones up could be seen as abuse. Make sure that you or your employees accept every document at the time they are provided and verify them later on.

However, keep in mind that there are special circumstances when you may hire a U.S. citizen over non-citizens. For instance, if your company is faced with a choice between a foreign national and a U.S. citizen who is equally qualified, choosing the U.S. citizen would not be considered illegal. Also, if a government contract requires that only citizens be hired, then it is completely fine to do so.

Learn more about the "List of Acceptable Documents" in our recent blog: Do you know your A, B, C's?

Get Compliant and Avoid Discrimination

Form I-9 compliance solutions can help you to avoid discrimination during the I-9 process in several ways. One way is making sure that you abide by the rules of documentation when completing Section 2 of the I-9. Schedule time to see how it works.

The information provided in this article and on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

Preventing Human Errors on Your I-9s

Tue, 22 Nov 2022 17:36:59 GMT

One of the best parts of using an electronic Form I-9 compliance solution is to avoid errors with a system that does most of the work for you.

Humans are prone to error, something that, for the most part, separates us from computers. When it comes to the Form I-9 a simple error can turn into more of a highway robbery as the fines pile up. This is why an electronic version of the Form I-9 can prove helpful for human resources departments. Why risk making an error when you don't have to?

Maintaining compliance via automation

Melissa Prentice, President of Clear I-9, believes that when a company utilizes electronic Form I-9 storage correctly, it is much less likely to run into problems. Part of the reason Melissa believes digital forms ultimately reduce risk is the lack of guesswork involved. Automated Form I-9s guide users through the process in a way that mitigates risk.

"It's an automated software program," Prentice said. "That prompts you based on your selection. There are also algorithms designed so that selecting a particular category then prompts you for the next natural step in the completion of the I-9 process."

"In contrast, if you were to complete a hard copy I-9 you could very well skip a field. Whereas the electronic compliance software immediately detects the missing mandatory field, so you would not be able to move on in the process without having that completed."

Ensuring every field is filled out is vital, because even something as simple as a blank space is enough for a fine, and they add up. Imagine you work for a company of about 200 people, and an I-9 audit finds blank fields on 5 percent of your Form I-9s. Doesn't seem like much, does it? In this particular scenario, depending on your previous record with Form I-9 compliance, the penalties could run anywhere from $252 to $2,507 per form.

Fines of that size are definitely not something you'll want to deal with just because someone forgets to fill in a few blank spaces. Why take the risk of getting penalized for such an insignificant mistake when software can virtually eliminate the possibility for error?

Another risky I-9 practice is revisions. Sometimes, alterations are necessary, but again the potential for human error is as high as ever. With hard copy forms, if a revision is necessary, standard practice is to cross out the old field, correct it and date and initial the change in the margin. If any part of this is illegible, forgotten or done incorrectly then fines could be on the way.

Digital I-9 compliance software can fix this issue as well. They can correctly and automatically revise documents when prompted. In addition, all changes are tracked. This is useful during an investigation of Form I-9s, when you will need to produce an audit trail for all revisions.

"You can view an audit trail that identifies, lists in detail, all the actions taken from the initial creation of the I-9," Melissa explained. "So that, in essence, creates a greater sense of reliability and efficiency and consistency when you're using the software."

Form I-9 compliance programs have what Melissa called "a compliance software element," which means that they have algorithms built in that can track changes to the form and identify when they don't match what is mandated for any particular field. For example, the field that identifies when the form was completed must contain a date, and the line that marks the employee's home address should contain exactly that and nothing else.

Purging the past

Just as humans are prone to error, they also trend toward forgetfulness. This can be a problem if it leads to holding onto Form I-9s for too long. The documents should be stored for a specific period of time, three years after hire or one year after termination, whichever comes first. Any shorter, and you could be in trouble. Holding onto your Form I-9s for longer than the given period isn't a compliance issue, but it does put you at risk. However, electronic Form I-9 storage programs have a solution for this as well, automatic purging.

"You don't get penalized per say for having I-9s beyond the three year date," Prentice said in reference to the purge feature. "However, you open yourself up to risks and liability because, if you are audited, you're going to be audited for your current I-9s and your old I-9s as well. And you're going to be fined, even on those old I-9s that reflect employees that are no longer with you."

As long as a Form I-9 is stored by your company, you're at risk for getting fined, no matter how old it is. If ever form is perfect, then you are fine, but as mentioned before, humans are prone to error. An eight year old document could have a mistake that occurred before you ever started working at a given company. That's a trap that the digital Form I-9 can ensure you avoid.

People make mistakes, it is part of being human, but that doesn't mean that businesses should have to pay dearly for them. Storing Form I-9s electronically is a failsafe that ensures the errors that can lead to thousands of dollars in penalties are avoided. It can save companies both time and money and ensure compliance.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

Do you know your A, B, C's?

Tue, 01 Nov 2022 18:47:08 GMT

Better understand documentation for I-9 Verification

The Form I-9 process must be completed and signed within three business days of the date of hire, and is not complete until the employer examines what is called "acceptable documents."

These documents come in three tiers: A, B and C.

List A documents establish two things: Identity and the right to work. List A documents include green cards, U.S. Passports, and foreign passports combined with the Form I-94 or a temporary I-551 stamp. An employee who presents a valid, unexpired List A document is not required to present any other form of identity or work authorization.

List B documents establish identity only. An employee who chooses to present a List B document must also present a document from List C for Section 2. Some List B documents include driver's licenses, ID cards, or school records.

List C documents, which prove employment authorization. An employee who chooses to present a List C document must also provide a document from List B for Section 2. Some List C documents include Social Security cards, birth certificates, Citizen ID cards, and DHS employment authorization.

To reiterate, List B and C documents must be presented together to confirm both identity and work authorization, while List A documents are presented alone and satisfy both the identity and work authorization requirement for Form I-9.

To complete Section 2 of the Form I-9, employees must present one document from list A, or one document from list B AND one document from list C. These documents must be physically examined by the employer or authorized representative. Although employers are not expected to be document experts, all accepted documents must be unexpired, and should appear to be reasonably genuine and relate to the person presenting them.

Learn how Clear I-9 can help you to make sure you never miss a beat during the I-9 verification process. Ask how an electronic I-9 compliance solution can help make sure you are properly verifying employment authorization and identification documents.

Remote I-9 Verification: 10 Things Employers Should Know

Tue, 01 Nov 2022 16:36:59 GMT

In March 2020 The Department of Homeland Security (DHS) issued temporary guidance for Form I-9 flexibilities to help accommodate COVID-19 precautions taken by employers.

The flexibilities in remote I-9 verification have been extended several times since then. The temporary guidance for these flexibilities was set to expire at the end of October 2022. On October 11, 2022 DHS announced yet another extension of the Form I-9 flexibilities set to now expire on July 31, 2023.

Here’s a brief breakdown of what is included and what employers need to consider about leveraging the flexibilities in I-9 requirements for remote workers:

One
The original guidance issued in March 2020 was updated in April 2021 and states that employees who were hired as of April 1, 2021 and working remotely are exempt from the in-person examination of their Form I-9 identity and employment eligibility documentation, even if some employees are working in-person at the employer’s worksite.

Two
Employees must be hired to work exclusively in a remote setting due to COVID-19-related precautions in order to be temporarily exempt from the physical inspection requirements associated with the Form I-9 until they return to non-remote work environment on a regular basis, or until the extension of the flexibilities related to such requirements is terminated, whichever is earlier.

Three
If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis.

Four
Employers must inspect the Section 2 documents remotely and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2.

Five

Employers also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume.

Six

Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. These provisions may be implemented by employers for a period of 60 days from the date of this notice or within 3 business days after the termination of the National Emergency, whichever comes first.

Seven

Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the employers.

Eight

Once normal onsite workplace operations resume, all employees who onboarded using remote verification, must report to their employer within three business days for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate.

Nine

Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting point for these employees only.

Ten

Employers may designate an authorized representative to act on their behalf to complete Section 2. An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf. The employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.

Key Considerations

It’s important to note that employers must adhere to all guidance provided by the DHS as it relates to the flexibilities in I-9 requirements for remote employees. Failure to do so can land companies in hot water and result in costly fines and penalties.

At the end of the day, the employer is responsible for all I-9s on file and must be careful when selecting authorized representatives to complete Section 2, as the liability will fall on the employer. For companies that plan to eventually return to an in-person office environment may have a heavy backlog and 3 business days to complete physical document inspections can seem daunting and labor intensive.

In accordance with DHS's March 31, 2021 guidance, employers may in their discretion, begin the in-person examination of affected employees’ Form I-9 identity and employment eligibility documentation before such employees return to in-person employment. Having a well prepared plan and the right tools in place may also be crucial to successfully meeting these deadlines.

How an I-9 solution can help

Form I-9 compliance solutions like Clear I-9, can help to make sure every I-9 for both onsite and remote employees meets the most up-to-date I-9 regulations set forth by DHS. Staying on top of ever-changing Form I-9 requirements can be difficult, but it doesn’t have to be. Contact us to learn more about Clear I-9 or stay tuned to our blog for more Form I-9 and E-Verify information.

Maximizing Benefits with Heroes: The Power of Hiring Veterans in the Workplace

Mon, 22 Apr 2019 07:19:00 GMT

If you're looking to hire new employees, consider hiring veterans. Veterans bring a unique set of skills, experience, and values to the workplace that can greatly benefit your organization. They possess exceptional leadership skills, adaptability, and a solid work ethic, making them ideal for the constantly changing business world.
Military service requires individuals to take on leadership roles and make quick, decisive decisions under challenging circumstances, skills that translate well to the civilian workplace. This can be especially valuable in a business setting, where effective leadership is crucial for success. Additionally, veterans have a proven track record of adaptability and flexibility, being trained to adjust to new environments, technologies, and cultures.
Veterans bring a strong sense of responsibility and commitment to the workplace. They are reliable and dedicated to completing tasks to the best of their ability, and they understand the importance of following rules and procedures. The Society for Human Resource Management (SHRM) states that companies that have a diverse workforce, including veterans, tend to have higher levels of innovation and improved financial performance.

The Work Opportunity Tax Credit (WOTC) provides businesses with financial incentives for hiring eligible veterans, including those who are long-term unemployed and have service-connected disabilities. Employers can receive up to $9,600 in tax credits per new hire, providing a significant benefit to companies that take advantage of this program. Tax-exempt organizations may also be eligible for WOTC.

To find veterans looking for meaningful employment, check out Hire Heroes USA . Hire Heroes USA provides free career services to service members, veterans, and military spouses who are seeking jobs in the civilian workforce. The organization provides personalized one-on-one coaching resume services, mentoring, workshops, a job board, career fairs, and more. In 2021, Hire Heroes USA helped place 12,594 veterans and military spouses with an average salary of $62,680.
The benefits of hiring a veteran are numerous and compelling. From their leadership skills and adaptability to their strong work ethic and sense of responsibility, veterans can be valuable assets to any organization. Take advantage of the opportunity to bring the unique skills and experiences of a veteran to your team. And, as an added bonus, by hiring a veteran, you may be eligible for tax credits under the WOTC program.
This infographic was originally posted on OnCentive.com

Why High Turnover Industries Should Take Advantage Of Hiring Incentives

Tue, 22 Jan 2019 08:15:00 GMT

Are you facing the challenge of constantly hiring and training new employees in your high-turnover industry? It can be costly and time-consuming, but there are solutions available. Federal and state hiring incentives can help offset these costs and encourage businesses to hire and retain certain types of employees.

One such incentive is the Federal Work Opportunity Tax Credit (WOTC), which provides a tax credit to businesses that hire individuals from certain target groups, including veterans, temporary assistance for needy families (TANF) recipients, and ex-felons, among others.

You could receive up to $9,600 in tax credits per eligible new hire.

WOTC represents a permanent reduction in income tax, directly reducing a business’s effective tax liability. In order to capture these credits, a business needs to apply within the first 28 days of a new employee’s start date, which makes WOTC credits often a function of a company’s HR department, rather than an accounting department.

Additionally, there are various state-level hiring incentives available, such as credits for hiring employees from disadvantaged backgrounds or those living in high-unemployment areas. These credits can vary in amount and eligibility requirements, but can provide a significant financial benefit to businesses that take advantage of them.
By thoroughly evaluating your eligibility for all available credits and incentives, businesses in high-turnover industries like retail, hospitality, customer service, call centers, manufacturing, and staffing can offset the costs of hiring and training new employees, helping to reduce turnover and improve retention rates.
Don't overlook the potential benefits of federal and state hiring incentives. With careful evaluation and compliance, these credits can provide a valuable financial boost to your business. Contact the experts at OnCentive for more information or to receive a complimentary eligibility assessment.

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