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Wednesday, January 12, 2011

Recovery Hiring? Don’t Forget to Update Employer Immigration Compliance

Human resources managers and professionals face new forms, requirements and procedures when they return to recruit foreign students on college and university campuses in 2011, after a hiatus in hiring brought on by the recession. They will also find that there have been enhanced I-9 responsibilities that affect all new hires, not just the foreign college graduates.

Your HR department will require the latest information concerning the Department of Homeland Security's worksite enforcement program, as well as other immigration-related issues that affect employers on a daily basis. Recovery hiring will bring new topics to your administrative offices concerning the E-Verify electronic verification system, state immigration laws. Thousands of government contractors and subcontractors now face federal regulations which require them to use the E-Verify electronic system.

Chuck Miller of the Miller Law Offices provides the following Homeland Security Compliance tips for 2011:

1. DO remember to use the new Lists A and C for the reverification of the employment authorization documents of existing employees whose document(s) expire.

2. DO NOT reverify an expired U.S.passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form I-551), or a List B document that has expired.

3. DO remember that the receipt rule is only for the receipt for the replacement of lost, stolen or destroyed authorization documents, not for renewals that have been filed but have not been issued.

4. DO reverify on section 3 of Form I-9; if you run out of room you may write the employee’s name in section 1 and complete section2 of a currently valid Form I-9. You can also use a new Form I-9 section 3. Remember to attach the new Form to the previously filled out I-9.

5. DO remember that ONLY UNEXPIRED DOCUMENTS FOUND ON THE CURRENT LISTS A, or B and C, MAY BE VERIFIED OR REVERIFIED.

6. DO be aware that there are new tables of temporary employment authorization documents found in the M-274 Handbook for Employers (April 3, 2009 edition)that may be accepted IN ADDITION to the documents found on Lists A, B and C.

7. DO remember to complete section 1 of the Form I-9 on the first day of employment; For other than short term employees (3 days or less) the USCIS has adopted the “Thursday Rule” for the Section 2 Employer Verification: If the employee starts work for pay on Monday, the third business day after the employee started work for pay is Thursday (assuming all days were business days for the employer). The first day the employee starts work for pay is not included in the three business day calculation.

8. DO NOT request specific documents; to do otherwise may violate the document abuse discrimination law.

9. ONLY E-Verify employers must require a social security number and a List B photo ID.

10. Do remember that all employees, except for short term employees, may take advantage of the receipt rule.