The post USCIS Releases Revised Form I-9 appeared first on Lake Effect HR & Law.

Section 4.0 of the USCIS Handbook for Employers sets forth detailed requirements for employer review and verification of acceptable I-9 documentation. Section 4.5 confirms that employers who are participants in good standing in E-Verify may utilize an optional procedure for remote examination of I-9 documents as an alternative to the in-person physical examination historically required of all employers (except for during the time period covered by the COVID-19 flexibilities). If an E-Verify participant employer uses the alternative procedure, it must offer the option to all employees. Note that employers who do not participate in E-Verify are not eligible to use the remote examination procedures and must continue to inspect acceptable documents in-person, including in-person verification by an authorized representative for remote employees. 

If you would like assistance or guidance in completing new Form I-9s, complying with the Form I-9 identification or retention requirements, or conducting internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

The post USCIS Releases New Form I-9 appeared first on Lake Effect HR & Law.

• Reduce Sections 1 & 2 to a single-sided sheet;
• Be designed to be filled in as a form on tablets and mobile devices;
• Move the Section 1 Preparer/Translator Certification to a standalone supplement to be provided to employees when necessary;
• Move Section 3 Reverification and Rehire to a standalone supplement to be printed if necessary;
• Revise the Lists of Acceptable Documents page to include some acceptable receipts and provide guidance and links to information on automatic extensions of employment authorization documentation;
• Reduce Form instructions to 8 pages; and
• Include a checkbox allowing employers who are E-Verify participants in good standing to indicate that they remotely examined identity and employment authorization documents instead of reviewing documents in person, under a specific alternative procedure authorized by USCIS.

USCIS also noted that employer-participants in E-Verify who created an E-Verify case for an employee and performed a remote examination of that employee’s Form I–9 documentation during the COVID–19 flexibilities (between March 20, 2020 and July 31, 2023) can use the new alternative procedure to satisfy the required physical examination of that employee’s documents by August 30, 2023. Please see Lake Effect’s prior blog on the physical examination deadline and requirements. USCIS also confirmed that employers do not need to complete the new Form I–9 for current employees who already have a properly completed Form I–9 on file unless reverification applies.

Employers can expect further guidance on the new Form I-9 and inspection procedures when the new form is released on August 1, 2023. Lake Effect HR & Law will continue to follow this issue and will provide updates as needed. If you would like assistance or guidance in complying with the Form I-9 identification or retention requirements or internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

The post Expect Revised I-9 Form August 1, 2023 appeared first on Lake Effect HR & Law.

As mentioned in previous blogs, employers with a remote workforce have been allowed to verify acceptable Form I-9 documents virtually rather than in person, dating back to the start of the pandemic in March 2020. The Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) announced that the temporary option to review acceptable documents remotely will end effective July 31, 2023. This reversion to pre-pandemic procedures for I-9 verification will require time-sensitive actions, and employers need to start planning now.

For employees hired beginning March 2020: If an employer completed page 2 of the I-9 by virtually verifying the documents establishing identity and employment authorization, they will need to have the employee bring in their documents so they can be verified in person. In-person verification needs to be completed for all impacted I-9 forms by August 30, 2023. When the employer’s representative inspects the documents in person, they should document the following in the “Additional Information” box on page 2:

• notation of “documents physical inspected”
• the date of inspection
• initials of the individual who completed the inspection

It is important to note that employees may use the same documents that they had presented virtually, or they may use other accepted documents as allowed by the DHS and ICE. If the employee provides different documentation, the new information should be listed in the appropriate List A or List B and List C columns, with notes indicating the changes in the “Additional Information” box.
As of July 31, 2023, employers will need to return to the process of verifying forms of identification for the Form I-9 in person. Although DHS is currently reviewing options for possible remote verification of documents in the future, no such changes have been finalized or announced. Lake Effect HR & Law will continue to follow this issue and will provide updates as needed.

If you would like assistance or guidance in complying with the Form I-9 identification requirements or internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

The post Remote Verification of Form I-9 Documents ending July 31, 2023 appeared first on Lake Effect HR & Law.

EEO-1 Component Data Report
On April 12, 2022, the EEOC announced that data collection for 2021 EEO-1 Component 1 filing is now open. Private employers with 100 or more employees must file and certify their EEO-1 Component data report(s) by May 17, 2022.

Employers can visit the EEOC’s dedicated website to access the EEO-1 Component Online Filing System and obtain other resource materials. The EEOC has also created a new Filer Support Team Message Center to answer questions and assist employers.

We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

The post Employers Take Note: Updates on Required Federal Forms and Reports appeared first on Lake Effect HR & Law.

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended the flexibility in complying with requirements related to Form I-9 until April 30, 2022. See our earlier blog for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

The post I-9: Extension to Remote Validation appeared first on Lake Effect HR & Law.

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended the flexibility in complying with requirements related to Form I-9 until July 31, 2023. See below for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

The current I-9 form is set to expire on October 31, 2022, but DHS and ICE have announced that employers are to continue using the current version beyond that expiration date until further notice.

** Update August/September, 2021 ***

We have two important updates for employers.

First, employers can continue remotely inspecting Form I-9, Employment Eligibility Verification through December 31, 2021. The Department of Homeland Security (DHS) has extended this flexibility as an ongoing precaution related to COVID-19. See below for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

Second, as communities focus on how they can support recent refugees from Afghanistan and elsewhere, employers are reminded that refugees may work immediately upon arrival to the United States. While refugees wait for their Employment Authorization Document (EAD), they may present their Form I-94, Arrival-Departure record as proof of their permission to work in the United States, along with a document that establishes identity.

** Update June, 2021 ***

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) has once again extended the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

The temporary guidance was set to expire May 31, 2021 and has been extended to August 31, 2021 due to ongoing precautions related to COVID-19. Employers and workplaces operating remotely can continue to inspect the Section 2 documents of the Form I-9 virtually through August 31, 2021.

See our below for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form 1-9.

** Update April, 2021 ***

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) extended the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. The temporary guidance was set to expire March 31 and has been extended to May 31, 2021 due to ongoing precautions related to COVID-19. Employers and workplaces operating remotely can continue to inspect the Section 2 documents of the Form I-9 virtually through May 31, 2021. See our original blog, below, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

** March 27, 2020 **

Over the past two weeks, the HR professionals and attorneys at Lake Effect HR & Law have been helping our clients weather the storm of COVID-19. Every day, we meet as a group on Microsoft Teams to collaborate on client issues, discuss and assess the latest developments, share legal and HR research we have conducted, and, equally as important, touch base with each other as friends, not coworkers. At the end of each meeting, we share quick tips that we have gained throughout the prior 24 hours. Please find below some of our latest tips for employers:

• Set up New Pay Codes for EFMLEA and EPSLA paid leaves: Establish two new pay codes in your payroll system to track employee time for paid time off under the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Leave Act (EPLA). This will facilitate your ability to receive tax credits. See our summary of these acts Families First Coronavirus Response Act – Enacted 3/18/2020 which are part of the Families First Coronavirus Response Act.
• Inspection of Employee’s Form I-9 Work Authorization Documentation: Employers will not be required to review new hires’ identity and employment authorization documents in the employee’s physical presence when the new hire will immediately be working remotely due to COVID-19. Employers must still inspect the Section 2 documents over video conference, fax, or e-mail and obtain and retain copies of the documents within three business days. Employers are instructed to enter “COVID-19” as the reason for the physical inspection delay in the additional information field in Section 2. Employers that avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. This exception to the usual I-9 process will remain in effect until May 19th, or within three business days after the termination of the national emergency, whichever comes first.
• Direct Deposit of Paychecks: Encourage employees to sign up for direct deposit or pay cards in the event you are unable to deliver live paychecks in person or if mail is disrupted.
• Concerns About Employees’ Safety and Wellness while WFH: Encourage managers to conduct wellness checks on employees who are working from home. Certainly, check on employees COVID-19 related wellbeing. Further, not every home is a safe haven and some of your employees may have the additional stressors, including but not limited to finances, domestic violence, mental health, or addictions. Encourage your managers and HR to share resources for employees, including your employee assistance plan (EAP) and community resources like United Way’s 211, which is designed to connect people to needed social services, confidentially and free of charge. Individuals can call 2-1-1 or 877-947-2211 for help through United Way. If you need assistance finding resources, let us know and we can try to help.

The legal and HR team at Lake Effect is closely monitoring the impact of COVID-19 on the workplace. Keep watching for new blogs  or subscribe to our mailing list for important legal updates and HR best practices. If you have any questions regarding our quick tips, the attorneys and HR professionals at Lake Effect HR & Law are ready and willing to help. Contact us at info@le-hrlaw.com or 1-844-333-5253.

The post Remote I-9 Validation appeared first on Lake Effect HR & Law.