Pub. 1 Issue 1

26 VIRGINIA AUTO DEALER www.virginiadealers.com Unless you are operating in Puerto Rico, where you can save whichever version you prefer, the Spanish version is only to be used as a translation tool. Else- where, the English version is the one you have to save. Another point to consider is whether you have the most recent version of the form, since it has been revised multiple times since 1986, with the last two revisions both in 2009. The current version (which is the one you should have for all current employees) can be found at www.uscis.gov/i-9. Audits are more common than they used to be because of the national contention over immigration. The U.S. Immigration and Customs Enforcement, which is part of the U.S. Department of Home- land Security, has chosen to specifically focus on auditing employers. To prevent problems, it is a good idea to look over each employee’s I-9 form and check it for the most common problems. In addition to the violations listed above, make sure you do the following: • List the employee’s hire date in the certification section. • Complete the business name and ad- dress section. Other potential pitfalls include the following: • When the employee fills out Section 1, you may not ask for a social securi- ty number unless the employee has signed up for, and is using, E-verify. • Employees have to use a physical ad- dress, not a P.O. Box. • Employees may have three days after the employment start date to establish their identity and their employment authorization. The day of hire is officially considered to be day 0, but create a safety margin and call it day 1. • For employees who are “aliens autho- rized to work,” be sure they specifically identify their classification and status. If you find problems that need to be corrected, do not backdate any correc- tions or amendments you make. Initial and date the changes instead. You are responsible for filling out Sections 2 and 3 on the form. You can also choose which documents a new employee must provide. If someone gives you a document from List A that establishes identity and authorization to work, however, do not ask them for any additional documentation and leave the Section 2 List B and List C portion of the form blank. If the employee is using E-verify, ask to see a List B document that has a photograph of the employee. You are responsible for looking at ac- ceptable, original documents that have not expired, and you are also expected to compare the information you are given to the information in Section 1. To determine more accurately whether something looks genuine, compare it to the following documents from USCIS and look for obvious mistakes: • Handbook for Employers (M-274) • Guide to Selected U.S. Travel and Identity Documents (M-396) Check the way the document is present- ed, the font, the seal, and the photo- graph alignment. As you assess any potential I-9 liability, it would also be wise to have an attorney assess your legal exposure, train manag- ers about the legal risks, and implement HR policies that help you better identify and prevent any possible problems. An attorney can also help with issues such as what to do when a work authoriza- tion expires, when you rehire someone, or when you let an employee go. (The problem with terminating employment is making sure you can’t be charged with discriminating against someone.) I-9 compliance matters, but if you pay attention to the details and stay current, you should be fine. As you assess any potential I-9 liability, it would also be wise to have an attorney assess your legal exposure, train managers about the legal risks, and implement HR policies that help you better identify and prevent any possible problems.