1

*callers may remain anonymous

See OSC’s “Employer Dos and Don’ts.”

HOW TO COMPLETE SECTION 3 OF FORM I-9

2

About Melissa

10%

100%

100%

100%

Skills

HR Software

Form I-9 & E-Verify

Informing Audiences

Tai Chi

Melissa possesses 20 years of sales, consulting, and account management experience in the staffing, recruiting, and software industries. Her specialized areas of expertise and vast knowledge include: applicant tracking, onboarding, and I-9 compliance software. Melissa Prentice stands at the forefront of a leading human resources cloud service provider, as the Executive Director of Sales & Marketing at I-9 Advantage. Prior to I-9 Advantage, Melissa served as an Enterprise Account Manager for Bullhorn, and worked in diverse sales and implementation related roles at Bond International Software. She interacts with prospects & clients on Form I-9 and E-Verify software solutions, advises and informs audiences on Form I-9 trends and compliance.

MEET THE PRESENTER

Melissa Prentice

EXECUTIVE DIRECTOR

OF SALES & MARKETING

HOW TO COMPLETE SECTION 3 OF FORM I-9: REHIRES & REVERIFICATION

3

About Rebecca

20%

100%

100%

100%

Skills

Form I-9 & E-Verify

Immigration Law

Webinars & Outreach

Skydiving

Rebecca Mancini represents clients in a wide spectrum of complex corporate immigration and related employment matters. She advises clients across a variety of industries. She also provides outbound visa services to clients that need effective solutions for managing a global workforce. Rebecca helps clients develop and implement strategies to address complex immigration matters, including due diligence considerations during corporate restructuring, layoffs and workforce reductions, as well as compliance with immigration laws, Department of Labor regulations and U.S. Citizenship and Immigration Service programs. Rebecca frequently provides trainings on immigration topics and internal audit preparation for Form I-9 and E-Verify compliance.

MEET THE PRESENTER

Rebecca Mancini

Senior Attorney

HOW TO COMPLETE SECTION 3 OF FORM I-9: REHIRES & REVERIFICATION

4 AGENDA

Legal Name Change

How to handle legal changes as it

relates to Section 3 of the I-9.

Q & A

Answers to your questions.

Solutions

Solutions to help ensure and achieve

Form I-9 compliance.

Form I-9 Purpose

The importance of Form I-9

compliance.

Rehire

Completing Section 3 of the Form I-9

for rehires.

Reverify

How and when to reverify employees.

HOW TO COMPLETE SECTION 3 OF FORM I-9: REHIRES & REVERIFICATION

EMPLOYMENT VERIFICATION FORM I-9 PURPOSE & REQUIREMENTS

Verify the identity and employment authorization documents of employees hired after November 6,

1986

Complete and retain a Form I-9 for each employee

hired after November 6, 1986

Refrain from discriminating against individuals on the

basis of actual or perceived national origin, citizenship,

or immigration status

Verify Complete Refrain

To comply with the employment eligibility verification provisions of the INA an employer must:

6

Employers may delegate an authorized representative to complete the Form I-9,

however, employers will remain liable for any errors.

Exception: Employers are not required to have Forms I-9 for employees hired on

or before November 6, 1986.

All U.S. employers must have a Form I-9 on

file for all current employees.

FORM I-9 REQUIREMENTS EMPLOYERS MUST COMPLY WITH FEDERAL REGULATIONS

Employers must use the most current version of the Form I-9, with a revision date

of Nov. 14, 2016 N.

FORM I-9: SECTION 3 THE SMALLEST SECTION OF THE FORM I-9 CAN CREATE THE GREATEST LIABILITY

When do I use Section 3?

Do I complete a new I-9 when an employee is rehired?

How do I rehire an employee if my company participates in

E-Verify?

What if my employee changes their name?

Should I use Section 3 for a temporary extension?

How do I determine if there was a reasonable expectation of employment at all times?

COMMON QUESTIONS REGARDING SECTION 3

8

If you rehire an employee within 3 years of the date

that the Form I-9 was originally completed you may:

o Rely on the information on the previously completed

Form I-9 and only complete Section 3.

o Complete a new Form I-9 for the employee.

If you rehire an employee after 3 years of the date

that the Form I-9 was originally completed:

o A new Form I-9 must be completed and create an E-

Verify case.

REHIRES AND NON-E-VERIFY REHIRE AND E-VERIFY

If you rehire an employee within 3 years of the date

that the Form I-9 was originally completed you may:

o Rely on the information on the previously completed

Form I-9 and only complete Section 3.

o Complete a new Form I-9 for the employee.

If you rehire an employee after 3 years of the date

that the Form I-9 was originally completed:

o A new Form I-9 must be completed.

REHIRES HOW TO COMPLY WITH SECTION 3 WHEN REHIRING EMPLOYEES

9 REVERIFICATION LAUNCH YOUR COMPLIANCE INITIATIVES & PREPARE FOR TAKE-OFF

Reverify Work Authorization

Authorization Documents

Who You Shouldn't Reverify

When You Shouldn't Reverify

Use The Correct Version

Reverify an employee’s work authorization on or before the document expires 1 Enter only the work authorization document, not unnecessary documents

Do NOT reverify a U.S. Citizen, Permanent Resident or a Non-Citizen National .

Do NOT reverify a List B document if expired

Use only new Form I-9 version

2

3

4

5

10

Not required to update Form I-9 when an employee has a legal

name change. However, it is recommended that you maintain

correct information on the Form I-9.

Do not require employees to present documentation to show that

they have changed their name.

Employers should take steps to be reasonably assured of the

Employee’s identity if there has been a legal name change and note

reason for change.

LEGAL NAME CHANGE REQUIREMENTS & BEST PRACTICES

11

FORM I-9

If choosing to complete a new Form I-9 for

rehires, be consistent and complete a new

Form I-9 for all Employees being rehired. 1

Do not reverify a U.S. Citizen, Permanent

Resident, or Non-citizen National.

Do not use Section 3 for temporary

extensions.

Do not use unfair document practices.

2

3

4 I-9 Remote allows any individual to complete Section 2 of the Form I-9. Our intuitive process can make anyone an

I-9 expert, and ensures compliance with Federal requirements.

AVOIDING DISCRIMINATION

Violating Anti-discrimination provision of the Immigration and Nationality Act during any stage of the Form I-9 process can lead to hefty fines for companies of all sizes and industries.

REDUCE YOUR RISK OF LIABILITY BY ENSURING CONSISTENCY

12

$34,000,000 Infosys Group

Failure to maintain I-9 records for many of

its foreign national employees in the U.S.,

along with a wide-spread failure to re-verify

employees.

$200,000 United Airlines

Attempted to reverify lawful permanent

residents already hired by the company, a

practice identified as document abuse.

$200,000 Crookham Company

Discriminated against non-citizens lawfully

authorized to work in the U.S. and asked

permanent resident card holders to provide

their EADs as proof of eligibility.

$200,000 Macy’s

Committed unfair documentary practices in

violation of the Immigration and Nationality

Act during the Form I-9 reverification

process.($175,000 in civil penalties, $100,000 in employee back-pay - 2nd fine in 3yrs)

$355,000 McDonald's

Required LPRs to show new green cards

following the expiration of the original ones.

The company did not make similar requests

of U.S. citizens.

$445,000 Yellow Checker Star Transportation

Asked non-citizens authorized to work in the

U.S. to provide specific documents for their

Forms I-9, while citizens were not asked to

do the same.

RECENT FORM I-9 RELATED FINES ANY COMPANY. ANY SIZE. ANY TIME.

13

100% CLOUD-BASED FORM I-9 & E-VERIFY SOLUTIONS

MEET THE NEXT GENERATION OF COMPLIANCE SOFTWARE

Our solutions are continuously evolving to meet the needs of our clients and partners.

We offer easy-to-use, flexible, and truly compliant solutions that meet federal

regulations for Form I-9 & E-Verify.

14 INNOVATIVE FEATURES ENJOY THE CONVENIENCE & FLEXIBILITY THAT ONLY I-9 ADVANTAGE CAN PROVIDE

100% Paperless Solutions. Complete I-9s

via desktop, laptop, tablet or smart phone.

Walk-Up Usability Our system is easy to use and intuitive, making anyone an I- 9

expert.

Increase Efficiency and Productivity Our software solutions reduce the time spent processing Form

I-9s by 75%.

Integrate With Your HR Platform Seamlessly integrate with your existing HR Platform.

Instant E-Verify® Submission Instantly submit to E-Verify® with customized options

for each user.

Commerce Slides

FLAWLESS I-9s EVERY TIME

ANYONE CAN BECOME AN I-9 EXPERT

o Create error-proof I-9s and eliminate the risk of

government fines with precise data validation and

error-checking.

o Streamline your I-9 process and reduce the risk of

employee discrimination with a standardized process.

o We maintain the most up-to-date and compliant

software by working closely with the Department of

Homeland Security, and our software development

team to stay ahead of ever-changing regulations.

Digital I-9 Storage & Printing

Eliminate Missed Deadlines

Single-Sign On

Seamless Integration

Integrates with any web-based service provider, onboarding,

or HRIS system.

Simplify the login process, and save time by accessing all of

your applications with a single, secure sign-on.

Automatically secures, stores, and provides easy search for

quick retrieval and printing of Form I-9s and audit trails.

Stop worrying about missing re-verification deadlines for

employee work authorizations.

Commerce Slides

RESTORE THE HEALTH OF YOUR I-9s

THE MOST PRECISE WAY TO CORRECT PAPER I-9S

o Attempting to self-correct archived Form I-9s will

increase your risk of fines.

o I-9 Medic™ eliminates the risk of human error, and

preparation time for an audit, from weeks to minutes.

o Compliantly correct error-filled I-9s by precisely

catching each error followed by step-by-step

correction guidance.

Forensic Quality Audit Trails

Exhaustive Error Checking

Data Security

Real-time Dashboard

Allows approved administrators to monitor the correction

process for multiple accounts, users, and locations.

Protects the integrity of your data by exceeding the most

stringent federal security requirements.

Automatically secures, stores, and provides easy search

for quick retrieval and printing of Form I-9s and audit

trails.

Precisely catch errors with our 185-point error-checking

algorithm, supported by 20-tier validation.

.

17 HIRE REMOTELY FROM ANYWHERE

THE CONFIDENCE OF COMPLIANCE FROM ANY LOCATION

o 100% paperless and mobile-enabled, I-9 Remote™

reduces the processing time of Form I-9s remotely

from days to minutes.

o Use an authorized agent, or one of 14,000 trained

notaries available nationally through our National

Partner Notary Network or access over 300 I-9

completion centers.

o Notaries trained on the I-9 Remote system are

proficient in accurately completing Form I-9s, and will

travel to your location to meet your new hire.

Digital Signature Options

Smart Document Upload

Notary Network & Flexible Section 2 Agent Options

Technologically Savvy

Complete your remote I-9s via tablet, smart phone, and

computer with the fastest mobile solution on the market.

Use an employer or employee designated agent, or

access our nationwide notary network, or brick and

mortar I-9 completion centers. You choose - we make it

easy!

Options to sign the Form I-9 using a mouse, stylus, or

finger (if using a tablet), or click to sign to attest the

information is correct.

New hires capture secure images of Section 2 documents

with any mobile device camera, and upload them instantly.

.

18

Address

I-9 Advantage

21220 Kelly Rd.

East Pointe, MI 48021

Phone & Website

800.724.8546

i9advantage.com

Social Media

linkedin.com/company/i9-advantage

facebook.com/i9advantage

twitter.com/i9Advantage

QUESTIONS & ANSWERS

18

Melissa Prentice

EXECUTIVE DIRECTOR OF SALES & MARKETING , I-9 ADVANTAGE

GET IN TOUCH

Rebecca Mancini

SENIOR ATTORNEY, MILLER CANFIELD

THANK YOU FOR JOINING US!

LEARN MORE ABOUT INNOVATIVE FORM I-9 & E-VERIFY SOLUTIONS

800.724.8546

Sales@i9advantage.com

i9advantage.com

STAY IN TOUCH