Alabama is one of several states that does require employers to use a federal program designed to stop them from hiring people in the U.S. illegally. The Alabama legislature passed in both houses legislation prohibiting employers from knowingly employing unauthorized aliens. The law is known as the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. The law requires all employers to enroll in and utilize E-Verify.
E-Verify can be a challenge for all employers who are required to or choose to use it. By taking the time to submit information, find ways to automate, and review your progress, you can avoid common E-Verify mistakes. To help guide you in a systematic process we have provided some common questions and answers that you may find helpful, along with some best practices.
Q: What is E-Verify?
A: E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States.
Q: Who must complete E-verify?
A: As of this publication, several states have E-Verify laws that require all or most employers to use E-Verify including Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah. In addition, E-Verify is mandatory for the federal government, as well as federal contractors and subcontractors in all states.
Q: What form do you use to complete the E-verify Process?
A: The most current Form I-9 was released on 10/21/2019, with the expiration date of 10/31/2022.
Q: Do we copy the documents?
A: You may choose to copy or scan documents an employee presents when completing Form I-9, which you may retain with their Form I-9. However, if copies or electronic images of the employee's documents are made, they must be made available at the time of a Form I-9 inspection by DHS or another federal government agency. If you choose to make copies, you must retain for the appropriate time period and you must make copies of each employee.
Q: How long do I have to complete the E-verify?
A: E-verify must be completed on each employee within 3 days of their hire date. Hire date is defined as the first day the employee works for pay.
Q: Can I E-verify before I offer a job?
A: No, E-verify is not to be used as a pre-employment screening.
Q: Can you still hire employees who do not have proper documents?
A: No, all employees must present proper documentation or a receipt showing they have applied for the proper documentation.
Acceptable Documents
The Form I-9 has a list of acceptable documents in the instructions. Employees may present ANY document listed in Part A or ANY of one document in List B and one from List C. The employer cannot request specific documents. For example, you cannot tell your employee they must present a driver’s license and social security card. If it is listed as an acceptable document, they can choose which to give you.
E-Verify Best Practices
There are some best practices that your organization can use to keep the process smooth.
- Build A System
Utilizing E-Verify is another hurdle in an already tense time during the first three days of your employee’s tenure at your company. You are required to get things done by the third business day. Create a system that helps you meet that deadline every time. Start by setting aside some time during the first day to make sure the form gets done. The bit of time you spend on the first day of work getting the first part of the I-9 form complete can save you a ton of time and energy during the 2nd and 3rd business days you have to create an E-Verify case - Maximize Automation
E-Verify is tricky. It is vital that you reduce clerical errors and save time for your team whenever possible. - Check & Correct
Mistakes happen, and they can be costly. Make sure you are keeping up to date with any mistakes E-Verify finds in your cases. Correct things immediately and resubmit when necessary. Doing this regularly will help you make the most of E-Verify. - Review Annually
Your E-Verify process can always be more streamlined. Make sure you take the time annually to review your process and provide training on current E-Verify best practices.
Record Retention-Determining the Best Practice
You must retain Form I-9 until 3 years after the employee’s hire date or 1 year after termination, whichever is later. See the attached table at the end of the document. As stated earlier, you may choose to retain the documents how you prefer, but you must be consistent with each employee. See the example below.
| EXAMPLE | ||
| Date the employee began work for pay | 1 | 1/1/2020 |
| Add 3 years to the date on line 1 | A. | 1/1/2023 |
| Date the employee was terminated | 2 | 6/1/2021 |
| Add 1 year to the date on line 2 | B. | 6/1/2022 |
| Which date is later; A or B? | 3 | A |
| Keep until this date | C. | 1/1/2023 |
Fines and Penalties
Penalties for Knowingly Hiring/Continuing to Employ violations have tiered fine amounts. The agent or auditor will divide the number of knowing hire and continuing to employ violations by the number of employees for which a Form I-9 should have been prepared to obtain a violation percentage. This percentage provides a base fine amount depending on whether this is your first penalty. Fines range from $573.00 to $20,130.00 per violation. For more information on fines and penalties, visit https://www.uscis.gov/i-9-central/penalties.
By taking the time to submit information, finding ways to automate, and reviewing your processes and progress you can avoid common mistakes.
For more information on the above article or any human resource management services, please contact Amber Malik at (334) 321-4729 or by leaving us a message below.
