Tsai, who is Of Counsel at Holland & Hart LLP in the Salt Lake City office, delivered his practical tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas.
The 9 Most Common I-9 Mistakes
Tsai says he most commonly encounters the following I-9 mistakes:
- The employee fails to sign and date the attestation.
- The employer fails to have the employee complete Section 1 by the first day of employment (that is, the first day for pay).
- The employee doesn’t check the box indicating status (e.g., U.S. citizen, lawful permanent resident), or the employee checks multiple boxes.
- The translator or preparer doesn’t complete the preparer box.
- The employer fails to enter acceptable documents on the form, including the document number and title, issuing agency, and expiration date.
- The employer demands specific documents (e.g., social security card).
- The employer does not complete Section 2 by the third day of employment.
- The employer fails to enter the date of hire. This date should match the date on payroll records, Tsai says.
- The employer representative does not sign, date, and print his or her name on the certification.
Total Reward Statements doing their job? Check out Total Rewards Statements: Harness Your Employee Value Proposition to Boost Retention and Engagement, an interactive webcast on February 19, 2014. Learn More
What if the Employee’s Documentation Doesn’t Look Right?
The standard is reasonableness, says Tsai, that is, does the document reasonably appear to be genuine and relate to the employee? You are not expected to be a document expert. (Just as an example, says Tsai, there are 22 different versions of the Social Security Card that are valid.)
If the document does not appear to be genuine, says Tsai, reject the document and ask for another document on the list.
What if the documents presented do not exactly match what the employee wrote on the I-9 form ( for example, the name is spelled differently)? Ask the employee about the discrepancy. If the document appears genuine, ask the employee to correct the I-9 form and initial the change or provide a corrected document.
Forms in Spanish
The Form I-9 is available in Spanish, says Tsai, but you can’t use the Spanish version except in Puerto Rico. However, you may use the Spanish version as a translation aid when filling out the English version.
Caveat: You may engage an outside firm to do your Form I-9 work, says Tsai, but remember that that does not shift the responsibility for I-9 management—that remains with the employer.
I-9s, certainly one of the challenges you face. And here’s another—making total reward statements really do their job. Fortunately there’s timely help in the form of BLR’s new webcast—Total Rewards Statements.
In just 90 minutes, you’ll learn how to communicate the investments your organization makes in the workforce in a manner that clearly illustrates just how competitive your compensation package is. Register today for this interactive webinar or find out more.
Learn how to create compelling total rewards statements. Join us for an interactive webcast on Total Rewards Statements: Harness Your Employee Value Proposition to Boost Retention and Engagement. Earn 1.5 hours in HRCI Recertification Credit. February 19. Register Now
By participating in this interactive webcast, you’ll learn:
- The business case for investing in total compensation statements, and where they fit into an organization’s strategy in addressing the "employee value proposition."
- Stakeholders who benefit from total rewards statements and how.
- Key data to gather in anticipation of drafting your total rewards statements, and design tips to ensure that you’re communicating clearly and effectively with your employees.
- Essential items to include in total rewards statements.
- How to accurately calculate the true value of your rewards so employees understand how perks can be monetized as part of their total compensation package.
- How to use total rewards statements to link salary and benefits and the organization’s strategic goals
- Pitfalls to avoid when creating your total compensation statements
- And much more!
Wednesday, February 19, 2014
1:30 p.m. to 3:00 p.m. (Eastern)
12:30 p.m. to 2:00 p.m. (Central)
11:30 p.m. to 1:00 p.m. (Mountain)
10:30 a.m. to 12:00 p.m. (Pacific)
Approved for Recertification Credit
This program has been approved for 1.5 recertification credit hours toward recertification through the Human Resource Certification Institute (HRCI).
Join us on February 19—you’ll get the in-depth Total Rewards Statements: Harness Your Employee Value Proposition to Boost Retention and Engagement webcast AND you’ll get all of your particular questions answered by our experts.
Train Your Entire Staff
As with all BLR/HRhero webcasts:
- Train all the staff you can fit around a conference phone.
- You can get your (and their) specific phoned-in or emailed questions answered in Q&A sessions that follow each segment of the presentation.
A recent survey revealed that the "employee value proposition" (EVP) — the balance between rewards and benefits offered to the workforce in exchange for performance — remains an untapped mine for many organizations, yet workplaces with effective EVPs tend to stand out from the crowd.
Helping employees understand the value of the total rewards they are getting in exchange for their service is a critical component of a successful organization’s EVP strategy. When employees know the score, they will be more inclined to produce at a higher level and to stick around for the long haul as an engaged member of your team—and that’s where total rewards statements come into play.
It’s important to remember that USCIS won’t take pity on an employer for an employee’s mistake (e.g., failing to sign or to check a box). The compliance onus is squarely on the employer.