On June 16, 2008, the USCIS released a newly-dated I-9 form which employers may begin using immediately.
What’s behind the change?
Due to the Paperwork Reduction Act, the Office of Management and Budget (OMB) must have current expiration dates on all approved forms, including the I-9. While the content of the form has not changed from last year’s version, the date of the form and OMB expiration date have been adjusted.
While the use of new forms is generally not required before 30 days after appearing in the Federal Register and guidance on this requirement has yet to be issued, we want to make sure that SHRM members have the most updated form, and recommend that you begin using this new form as soon as possible.
Furthermore, the Department of Homeland Security (DHS) recently published higher civil fines against employers that violate federal immigration laws; as of March 27, 2008, monetary penalties increased approximately 25 percent. Penalties will be given on a per-alien basis—if an employer knowingly employed or continues to employ five unauthorized citizens, five separate fines may be charged.
I-9 Inspections on the Rise
The U.S. Immigration and Customs Enforcement (ICE) has launched a new I-9 inspection campaign across the country, targeting employers suspected of employing unauthorized workers. These “inspections” are announced by service of a subpoena calling for production of Forms I-9 for all current employees and for all employees terminated over the past year. To get more information on this topic, visit our Express Request service and select the key term Immigration Enforcement and Penalties