Employers have three business days after hiring someone to collect information and complete the I-9 employment eligibility verification form, whether on paper or using the E-Verify electronic system. This has long been known as the "three-day rule," but it has–according to a recent United States Citizenship and Immigration Service (USCIS) statement–often been misinterpreted.

According to the USCIS clarification, the first day of work is not included in the three days. Therefore, if an employee starts work on Monday, the I-9 is not due until Thursday.

However, if the new hire’s employer is using the E-Verify electronic database system, the date that the employer enters the new hire’s name into E-Verify counts as the first day even if the person isn’t on the job yet. Perhaps because of this, the USCIS has also just added a drop-down menu so users can choose a reason for the delay if the verification takes place after three days. 

Personnel Concepts offers a comprehensive I-9 Verification section on its Web site where customers can find a variety of products to help them with both the verification process and the use of E-Verify.

The Department of Homeland Security (DHS), which operates the online E-Verify employment eligibility verification program, has announced some enhancements and improvements to the user experience, including a home page redesign.

E-Verify is an extension of the former Basic Pilot program that allows employers to check the work-in-the-U.S. eligibility status of new hires by going online and verifying information they supply against databases at the Internal Revenue Service (IRS), the Social Security system, and the United States Citizenship and Immigration Service (USCIS).

The changes take place starting June 13, 2010, and officials say the redesign and reimplementation will make the verification process intuitive and "as easy as 1-2-3."

Federal contractors and subcontractors are generally requiredd to employ E-Verify, and in addition several states have mandated the system’s use for various categories of  employers as well.

Employers, make sure your employees understand their rights and obligations under the online program. Obtain and post today a copy of Personnel Concepts’ E-Verify Right-to-Work Notice Poster.

Think that maintaining properly vetted I-9 forms on your employees isn’t that big a deal?

The answer –it is a big deal–has been driven home forcefully to management at Columbia Farms in Columbia, S.C.

After an Immigration and Customs Enforcement (ICE) raid in 2008 discovered hundreds of illegal immigrants working at the poultry plant, most of the workers were deported, dozens of others were tried and sentenced to jail time for using fake documents, and two of the farms’ managers were criminally charged.

The two managers escaped the noose, so to speak, when the company recently agreed to a $1.5 million plea agreement that will require the accused to undergo training. The company itself, in agreeing to reform its hiring practice to legal standards and enroll in the E-Verify program, also must hire an on-site compliance officer and contract with an external auditing firm to monitor its employment practices.

The I-9 form from the United States Citizenship and Immigration Service (USCIS) is required of all new hires and is used to verify their legal status to work in the United States through the submission of identifying documents. E-Verify is a voluntary online program that can be used to check people’s records at the Social Security Administration and USCIS to verify their right to work in the states.

In short, the I-9 process is an important one. Fortunately, Personnel Concepts has developed a comprehensive I-9 Compliance Kit to help employers and human resource personnel maintain proper I-9 verifications. It is a big deal.

This week a House-Senate panel reconciling budget measures voted to extend for three years the E-Verify online employment eligibility system. At the same time, the Department of Homeland Security (DHS) formally withdrew the "no match" safe harbor rule of the Bush administration.

The Bush-era "no match" rule gave employers three months to straighten out mismatched employee Social Security numbers or immigration documents that conflicted with what’s on record in D.C. After three months, the employers would have to fire those employees who couldn’t produce evidence of proper documentation (presumably because they’re using fake documents and numbers to cover up their illegal immigrant status).

Predictably for the Obama administration, the "no match" reversal was hailed by union supporters, which is somewhat ironic since unions just as predictably fear lower-cost labor as represented by undocumented workers, but the unions are engaging in a trade-off for passage of the Employee Free Choice Act (EFCA).

"The no-match program was a flawed and ineffective enforcement tool that would have hurt U.S. citizens and other authorized workers," said Richard Trumka, president of the AFL-CIO.

No doubt.

As for the E-Verify extension that has long been opposed by the U.S. Chamber of Commerce and other business groups (that rely on undocumented workers for cheap labor), even those who might otherwise cheer the extension saw a Trojan Horse in its midst.

Said a statement by the Federation for American Immigration Reform (FAIR), the extension is "further evidence of the Obama administration’s and the congressional leadership’s effort to raise a smokescreen while it dismantles all effective controls against illegal immigration."

No doubt.

Stay tuned to see what’s really going to transpire on the immigration front, provided the health care reform front ever recedes from center stage.

The E-Verify online employee status system faced two new hurdles in September. On Sept. 8, the E-Verify Contractor Rule was set to go into effect but faced last-minute court challenges, and on Sept. 31 funding for the system itself was in danger of expiring.

On the first issue, the courts sided with the United States Citizenship and Immigration Service (USCIS) in allowing the contractor mandate to go forward. On the second issue, the Senate passed a last-minute bill to fund E-Verify through Oct. 31 when a yearlong funding bill for the parent Department of Homeland Security (DHS) is expected to pass and extend E-Verify authorization indefinitely.

Since the Sept. 8 implementation of the E-Verify mandate, contractors have been seeking clarification, and over the weeks USCIS has obliged them by posting answers to common questions. Here’s what they’ve said:

Who’s affected by the rule? Any entity accepting a federal contract on or after Sept. 8, 2009, with a length of 120 days or more and a value of $100,000 or more must use E-Verify to certify its employees’ legal status to work in the United States. The same goes for subcontractors meeting the same conditions but with contract values of $3,000 or more. The rule does not apply to contracts for off-the-shelf procurement.

Which employees must be verified? The simple answer is all of them, both existing and new hires.

When do we have to enroll in E-Verify? Once you sign a federal contract, you have 30 days to enroll in E-Verify. Then you have 90 days to complete the verification process for your workforce.

What if we already have a federal contract we’re working on? Then the rule doesn’t apply. The E-Verify Contractor Rule applies only to contracts issued with the E-Verify written notification on or after Sept. 8, 2009.

What if we’re already enrolled in E-Verify? You’re fine except you must check your profile to ensure that your business is listed as a "federal contractor." If not, then update your profile to include that specification.

What does it cost to enroll in E-Verify? The system is completely free and relies on databases at the DHS and the Social Security Administration to verify legal residency status and Social Security Numbers.

Though the Obama administration has dropped the “no match” rule that created a safe harbor for employers who lay off workers whose Social Security numbers don’t match their names, the layoff route is still the route of choice for employers who get caught with illegals on their workforce.

Such is the case with American Apparel in Los Angeles. A recent audit found 1,600 employees who were illegal immigrants and another 200 with various documentary problems, including faked SSNs. According to the Los Angeles Times, the company will now lay off 1,500 illegal workers, while promising to consider rehiring them if they get the immigration status straightened out. The number represents 10 percent of the overall workforce.

Though it has dropped the “no match” rule, the Obama administration has actually stepped up workplace inspections for illegal immigrants, shifting away from the Bush administration’s strategy of conducting immigrant raids and rounding up illegals for deportation.

The result, however, is a string of American Apparel-like stories.

Employers need to stay in compliance with the provisions of the Immigration Reform and Control Act (IRCA) of 1986 by certifying the work-eligible status of all their employees through use of the I-9 form (and in certain situations the E-Verify system). To help with the process of certifying worker eligibility, Personnel Concepts has developed a comprehensive but easy-to-follow I-9 Compliance Kit. Get yours today.