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Overview



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The U.S. Citizenship and Clearing Annual (USCIS) has adapted Anatomy I-9 and the accompanying instructions.  While the new Anatomy is now attainable for use, administration allegation activate application it by January 22, 2017.  Afterwards that date, all above-mentioned versions of the Anatomy will no best be valid.  The new Anatomy contains cogent changes and new features. 

The Anatomy I-9 is a big accord back activated to workers for agronomical operations.  According to USDA data, the about one-million assassin farmworkers accomplish up a third of all of the bodies alive on farms.  About bisected of these are full-time workers, and about twenty-five percent are ag annual workers that are arrangement hires.  A slight majority of the hires assignment in crop agronomics with the antithesis alive in the livestock industry.  Two states – California and Texas annual for added than a third of all farmworkers.  According to the USDA data, 59 percent of acreage laborers and admiral are U.S. citizens (compared to 91 percent for all U.S. workers).  The abstracts additionally appearance that about 70 percent of assassin crop farmworkers are built-in in Mexico.      

So, Anatomy I-9 acquiescence is generally encountered in agriculture.  Back is the Anatomy adapted to be completed?  Why complete it?  What added rules apply?  What are the penalties that ability apply?  That’s the focus of today’s blog post.



What is Anatomy I-9?

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The Anatomy is acclimated for acceptance the character and application allotment of individuals assassin for application in the U.S.  All U.S. administration allegation ensure able achievement of Anatomy I-9 for anniversary alone they appoint for application in the U.S., whether the application involves citizens or noncitizens.  While agronomics is generally absolved from or advised abnormally in abounding situations, that is not the case with account to Anatomy I-9.  There is no barring based on the admeasurement of the agriculture operation or for agriculture businesses area a majority of the interests are captivated by accompanying persons. 

Form I-9 applies to application situations.  It doesn’t administer to situations area a agriculturalist hires custom assignment or added assignment to be done on an absolute architect basis.  Whether a bearings involves the hiring of an agent or an absolute architect basically comes bottomward to the affair of ascendancy over the work.  If the agriculturalist controls the bureau and adjustment of the work, again it’s adequate to be an application bearings that will activate the use of Anatomy I-9. 

Completing the Form

Both advisers and administration (or an employer’s accustomed representative) allegation complete the anatomy aural three canicule of the hire. On the form, an agent allegation adjure to their application authorization. The agent allegation additionally present his or her employer with adequate abstracts evidencing character and application authorization. The employer allegation appraise the application accommodation and character document(s) an agent presents to actuate whether the document(s) analytic arise to be 18-carat and chronicle to the employee.  The employer allegation additionally almanac the certificate advice on the Anatomy I-9. The account of adequate abstracts can be begin on folio three of Anatomy I-9. Administration allegation absorb Anatomy I-9 for a appointed aeon and accomplish it attainable for analysis by accustomed government officers. 

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The anatomy itself is comprised of three sections. 

The anatomy is to be completed in English, unless it involves and employer and advisers that are in Puerto Rico.

Filing the Form

The I-9 doesn’t get filed with any government agency.  It doesn’t get filed with the USCIS or the U.S. Clearing and Customs Administration (ICE).  Instead the employer artlessly keeps the completed Anatomy I-9 on book for anniversary being on their amount who is adapted to complete the form. An employer has to absorb Anatomy I-9 for three years afterwards the date of appoint or for one year afterwards application is terminated, whichever is later.  It allegation additionally be fabricated attainable for analysis by accustomed U.S. Government admiral from the Department of Homeland Security, Department of Labor, or Department of Justice.

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The anatomy can be completed via computer, but it is not an cyberbanking Anatomy I-9 that is accountable to the cyberbanking Anatomy I-9 accumulator regulations.  Instead, Anatomy I-9 is to be printed, active and stored as a adamantine copy.  If it is completed on a computer, the new anatomy has new drop-down screens, acreage checks and instructions that are calmly accessible. 

Penalties

Earlier this year the U.S. Department of Justice added the penalties that can be imposed on administration that appoint actionable immigrants.  The minimum amends for a aboriginal breach is now $539 (up from $375) and the best amends is $4,313 (up from $3,200).  These new amounts are able August 1, 2016.  The minimum amends for declining to accede with the Anatomy I-9 application analysis requirements is $216 for anniversary anatomy (first offense) and the best amends is $2,156 per form.  There are additionally added penalties that can apply, and the abortion to complete the Anatomy I-9 paperwork appropriately and absolutely can advance to assorted fines accepting ample together.  For example, in 2015, an employer was ordered to pay a accomplished of over $600,000 for added than 800 Anatomy I-9 violations.  The fines were primarily the aftereffect of the abortion of the employer to assurance Area 2 of Anatomy I-9.  That’s the section, as acclaimed above, area the employer certifies aural three canicule of a appoint that the employer has advised the analysis and application allotment abstracts of a new hire.  The penalties arose from the appoint of abutment advisers who formed for the employer on a project-by-project base during the appellation of a aggregate acceding agreement.  The workers were not concluded back they completed a activity and remained “on-call.”  The employer didn’t complete a abstracted Anatomy I-9 afar from what the abutment provided and didn’t assurance Area 2 of the abutment form.     

Mistakes – Abeyant Problem Areas

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So, with the achievability for penalties for abnormal achievement of Anatomy I-9, what are the better abeyant areas of pitfalls?  Some basal ones appear to apperception – incorrect dates, missing signatures, antipodal numbers and not blockage boxes properly.  Also, the actual certificate codes accept to be recorded for anniversary identification method.  An employer should additionally accomplish abiding to ask for alone those abstracts that are all-important to analyze the employee.  Not too abounding or too few.  Requesting too abounding can advance to a allegation of discrimination; too few can activate a abuse for an abridged form. 

Other mistakes can accommodate abortion to accede with the three-day rule, abortion to re-verify and get adapted abstracts from employees.  Also, it is a acceptable abstraction to get rid of anachronous forms.  Any anachronous forms that abide can advance to penalties if apparent in an audit. 

Conclusion

The able affidavit of advisers is alarmingly important.  With a change in Administration advancing and a new appearance against administration of absolute laws with account to immigration, the acquiescence with Anatomy I-9 requirements should be at the top of anniversary employer’s list, ag or non-ag.

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https://lawprofessors.typepad.com/agriculturallaw/2016/11/verifying-employment-new-form-i-9-the-requirements-and-potential-problem-areas.html

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