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Human Resource Compliance and New IRS I-9 Requirements

By April 17, 2013 February 19th, 2015 No Comments

iStock_000009726138XSmallOutsourced human resources can assure your organization is on top of the changes and requirements and mandates by government entitites.  Especially due to the Patriot Act and other legislative changes, the forms and retention laws change rapidly.

An updated Form I-9, Employment Eligibility Verification, was issued on March 8, 2013 by U.S. Citizenship and Immigration Services (USCIS). Although there is a 60 day window before the new form is mandated for use by employers, the form is available for employers to use immediately. The deadline for implementing the new form is May 7, 2013 and employers who continue to use the old form after that date will be subject to fines and penalties.

Some of the changes to the newer I-9 are contained in the two page document. There are additional fields required for data, including passport info in some circumstances and sections for employee email address and phone number, listed as optional.

There is also clarification regarding the list of acceptable documents and the types of documents which can be utilized, as well as updated and expanded instructions.

The Immigration Reform and Control Act of 1986 (IRCA or the Act) was amended by the Immigration Act of 1990 and the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA). IRCA defines penalties for employers who hire or employ unauthorized workers. Generally employers are required to have a Form I-9 filled in no later than the first day of employment. Within three business days, the employee must have submitted all documentation and the employer must have reviewd to establish the employee’s identity and eligibility for employment.

The I-9 is important for employers to garner and retain. Employers are responsible to retain properly and fully completed form I-9 on file for current employees as well as separated employees for the required time period or face penalties or fines or even criminal charges.
Being compliant is one way that it helps to work with an outsourced HR company that can assure your organization operates with the most recent updates and changes to Federal, State or local business requirements.

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