Tuesday, March 18, 2014

Good Ideas from USCIS: Who Knew? Form I-9 Employee Info Sheet now available

*By Helena Oroz

U.S. Citizenship and Immigration Services (USCIS) recently issued a Form I-9 Employee Information Sheet. The Information Sheet is intended as an employee reference for common Form I-9 questions, such as “Which documents do I need to show my employer?” and “Can I get in trouble if I lie on the form?”

The Information Sheet is available here in English and Spanish. Compared to the instructions on the actual Form I-9 (also an improvement over the old Form I-9), the Information Sheet communicates directly to the employee through a conversational question-and-answer format.

Federal law requires every employer to complete a Form I-9, Employment Eligibility Verification, for each new employee to verify his or her identity and authorization to work in the United States. (Reminder:  all employers should be using only the newest edition of Form I-9, issued March 8, 2013.)

Additional guidance from USCIS for both employees and employers is available on its “I-9 Central” web site. This guidance seems clearer, more concise, and more user-friendly as compared to previous years, and even includes instructional I-9 video vignettes that employers can show to new employees.

While employers are not obligated to provide employees with the Information Sheet or any information apart from the Form I-9 itself, doing so may help both employers and employees by saving time and avoiding misunderstandings with respect to common I-9 questions. The chances of employees reading this one-pager over a nine-page Form I-9 are, mathematically speaking, quite good. It may not answer every question or lead to perfect communication in the workplace, but we think it’s a good start and a good idea.

*Helena Oroz practices in all areas of employment law and has extensive experience with Form I-9 compliance and auditing. For more information about the Form I-9 Information Sheet or other I-9 questions, please contact Helena at hot@zrlaw.com or 216.696.4441.