Form I-9 & E-Verify Compliance for H-1B Employers

H-1B visa allows U.S. employers to hire global talent, bringing diversity into the workplace, which drives business success and economic growth. However, employers must comply with strict federal regulations by completing Form I-9 and using E-Verify to facilitate a smooth hiring process and maintain compliance with immigration guidelines.  

To elevate the operational standards of the H-1B process and maintain transparency, USCIS has strengthened its oversight and implemented stricter measures. This means businesses must change their approach and plan strategically, or else they may face serious financial penalties and legal consequences, negatively affecting the organization’s image.  

This blog will discuss Form I-9 and E-Verify in detail to help H-1B employers plan their hiring measures strategically.  

H-1B Compliance: Essential Steps for Employers

Managing compliance as an H-1B employer is non-negotiable, especially when even minor discrepancies can trigger serious legal consequences, such as audits, penalties, and reputational risk.  

To stay compliant and mitigate these risks, employers can take some proactive steps, such as:  

1. Maintain proper PAFs: Employers must maintain a separate Public Access File for every H-1B worker they sponsor. It must contain all important documents such as LCA details, wage information, proof of posting notices, etc.

2. Ensure wage compliance: Make sure all workers are compensated according to the DOL’s requirements.  

3. Submit a clear job description: Submit a well-organized job description that aligns the job role with its responsibilities. Avoid using generic or vague language.  

4. Demonstrate a strong employer-employee relationship: Provide sufficient evidence such as employment agreement letters, organizational charts, pay stubs, and payroll records to prove a valid employer-employee relationship.

5. Avoid H-1B benching: Employers must make sure that the H-1B workers have sufficient work throughout the H-1B period and are not sitting idle.  

6. Timely resignation notification: If you plan to terminate an H-1B employee, or they quit, make sure to inform them in writing and arrange proper transportation for them to their last foreign address.  

7. Consult an immigration attorney: Keep your legal counsel updated and ask them for advice in case you have any doubts or issues.
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Now that we have discussed all important steps H-1B employers must follow to ensure compliance with USCIS guidelines, let’s understand the significance of Form I-9 and E-Verify in detail.  

What is Form I-9?

Form I-9, also known as the “Employment Eligibility Verification,” is a mandatory USCIS requirement for all employers hiring new talent, irrespective of their citizenship status.  

Documents Required for Form I-9

Employees must submit original, unexpired documents from the USCIS list of acceptable documents to prove their identity.  

They can submit:  

• One combination from list A or  

• A combination of one selection from list B and one selection from list C  

In some cases, acceptable receipts for List A, B, or C documents may be presented.

• List A: Documents that establish both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card).

• List B: Documents that establish identity only (e.g., driver's license, state ID card).

• List C: Documents that establish employment authorization only (e.g., Employment Authorization Document (EAD), Social Security card).

ICE Audits & Form I-9 Compliance for H-1B Employers

To maintain transparency and uphold the integrity of the immigration policies, the U.S. Immigration and Customs Enforcement (ICE) conducts regular audits to check whether the employer maintains compliance with USCIS and ICE guidelines.  

During these audits, ICE reviews:  

• Completion of Form I-9 for each newly hired employee.

• The accuracy of information mentioned in Sections I, II, and Supplement B.  

• Verification and proper documentation of employee identity and work authorization.

• Use of latest version of Form I-9.

• Compliance with record retention rules (3 years after hire or 1 year after termination).  

• Secure and accessible management of I-9 Forms.
  
  
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How Can H-1B Employers Prepare for ICE Audits?

To effortlessly comply with USCIS and ICE guidelines, H-1B employers can follow some actionable steps, such as:  

1. Regular internal audits: Conduct audits on a routine basis to identify potential errors early and stay prepared for unexpected audits and site visits.

2. Train HR teams: Organize comprehensive training programs to train the HR staff so they get a better understanding of ICE audits and compliance measures.  

3. Maintain proper records: Document all essential information and save it securely in an accessible manner.  

4. Stay updated on regulatory changes: Stay informed about any new policy changes and refer to credible official sources such as the official website of USCIS and ICE.  

5. Consult an immigration attorney: Stay in touch with your legal counsel and keep them updated so they can help you make informed choices.  

Note: Check this article to understand the step-by-step Form I-9 filing process.

What is E-Verify?

E-Verify is an internet-based system that is operated by the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA). The main purpose of this system is to help employers confirm the work authorization of new hires by comparing information mentioned in their Form I-9 against government databases.  

Note: E-Verify is a mandatory requirement for employers who want to hire F-1 students on a 24-month STEM OPT extension.  

Beyond compliance, E-Verify is used to:

• Prevent fraudulent hiring: It helps employers detect fake documentation or identity theft.  

• Ensure timely verification: It allows employers to complete their verification process within the timeline by providing them with the option to make corrections easily.  

• Strengthen hiring credibility: E-Verify helps employers confirm all information against federal records to avoid any hiring discrepancies.

Common Mistakes Employers Make

1. Starting E-Verify early: Employers must follow the structured verification and complete Form I-9 before starting the E-Verify process.  

2. Using E-Verify selectively: E-Verify must be used for all new hires, irrespective of their citizenship status. If employers use E-Verify selectively, then it may lead to compliance violations.  

3. Handling TNCs improperly: Sometimes, during an E-Verify process, the information submitted by the employer does not align with the government records, resulting in a Tentative Non-Confirmation (TNC). To avoid compliance risks, employers must consult their immigration attorney if they receive a TNC.

4. Closing E-Verify cases incorrectly: Employers must properly close all E-Verify cases in the system, as failure to do so can trigger serious compliance risks.

5. Delaying case initiation: The E-Verify process must start within three business days of the employee’s start date. Any delays on the employer’s part reflect poor management and can cause legal consequences.

E-Verify Compliance Tips for H-1B Employers

1. Integrate E-Verify with the onboarding system: Use authorized electronic I-9 systems that will allow you to link to E-Verify smoothly.

2. Provide proper training: Organize regular training sessions to train relevant staff on managing and understanding the E-Verify process.  

3. Assign a designated representative: Assign a designated representative to manage and document the entire E-Verify process.  

4. Conduct internal audits: Conduct internal audits regularly to ensure compliance with USCIS requirements and that your team is prepared for site audits and unexpected inspections.  

5. Stay informed about federal requirements: E-Verify laws vary from state to state; that is why employers must stay updated on the state and federal requirements.
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Summary

When hiring global talent, H-1B employers must follow a structured protocol to comply with strict USCIS guidelines, as failure to do so will lead to serious legal and financial consequences. Once the H-1B petition is approved, and the beneficiary starts their work, employers must submit Form I-9 and complete E-Verify within the given deadline. To ensure compliance, employers must follow a structured approach, complete the verification process on time, and get guidance from their legal counsel.  

How OnBlick Simplifies Form I-9 and E-Verify Compliance for H-1B Employers?

Managing Form I-9 and E-Verify can get complex at times, but with OnBlick you effortlessly manage the immigration complexities, staying compliant with USCIS guidelines.  

Our compliance-driven platform offers you:  

• Automated audit trails: Track the entire I-9 process for complete peace of mind.

• Digital signatures: Eliminate paper with secure electronic signatures.

• Expiry alerts: Get notified before documents expire to avoid disruptions.

• E-Verify integration: Streamline the verification process for added efficiency.

• Live Video Verification: Ensure secure identity and employment authorization checks.

• Complete I-9 Audit: Identity potential compliance risks promptly.

• ARN Services: Access our advanced Authorized Representative Network across 400 U.S. cities

Book your free demo today and learn more about our compliance services.
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