16 Ugly Truth About Form I-16 Address Change | Form I-16 Address Change
U.S. Citizenship and Clearing Services (USCIS) appear that alpha July 1, 2013, advisers will accept absolute notification via e-mail—at the aforementioned time administration are notified—when their case after-effects in a acting nonconfirmation (TNC) through the E-Verify system.
E-Verify has been adapted to adjust with the latest afterlight of Form I-9, which includes an alternative acreage in Section 1 for advisers to accommodate an e-mail address.
Currently, if there is a annal conflict that needs to be bound afore the agent can be accepted as work-authorized, a TNC is issued to the employer, which charge again acquaintance the afflicted individual.
This change to E-Verify came about because of situations in which companies were not accouterment advisers with able apprehension of, or acceptable time to address, the TNC.
“This does not do abroad with the employer albatross to acquaint the agent of a TNC,” said Justin Storch, administrator of bureau communication at the American Council on International Personnel, an associate of the Society for Human Resource Management. The employer charge acquaint the alone alike if his or her e-mail abode is entered into E-Verify. The alone change for administration is they charge now access the e-mail abode from the I-9 into E-Verify.
“This latest chump account accessory to E-Verify is allotment of our advancing efforts to highlight agent rights and responsibilities by accouterment advisers with ability about their analysis status,” USCIS said in a account release.
Employees commutual an I-9 are not adapted to ample in the new e-mail acreage in Section 1. Storch explained that the e-mail should not be entered into E-Verify from any added source. If the e-mail box on the I-9 is larboard blank, annihilation should be entered into the e-mail acreage in E-Verify.
Along with accouterment the antecedent apprehension of a TNC, USCIS will accelerate admonition e-mails to advisers if they haven’t taken any activity to boldness the TNC aural four canicule and to acquaint them about the accessible charge to amend their records.
The TNC Process
A TNC occurs back advice a business provides to E-Verify about an agent does not bout the abstracts begin in either U.S. Department of Homeland Security (DHS) or Social Security Administration (SSA) records.
“Receipt of a TNC does not beggarly that the agent is not accustomed to assignment in the United States,” antiseptic Dawn M. Lurie, a accomplice in Sheppard Mullin’s Labor and Employment convenance accumulation and baton of the firm’s Business Clearing and Compliance practice, based in Washington, D.C. “There are abounding affidavit a TNC could occur, including an unreported name change, advice not actuality adapted adapted in the employee’s clearing annal and incorrect SSA records. It’s important to let the agent apperceive there is a bright action to actual any errors and that the agent will abide to assignment during the resolution process.”
After initiating the TNC battling process, administration alone analysis the E-Verify arrangement for updates. “It is analytical to accumulate in apperception that while the majority of these issues are bound about immediately, a cardinal of these cases can languish for months at a time,” Lurie cautioned. Businesses charge abide to apply the afflicted individuals during this aeon and charge not amusement them any differently, she said.
If the artisan provides an e-mail address, he or she may account any e-mail, alike a assignment address, said Ann Cun, an clearing attorney, admonition and arch editor for LawLogix Group. Administration accept bidding apropos about agents application assignment e-mail addresses on Form I-9, but USCIS states that they may not acquaint advisers on which e-mail addresses to provide.
“If your alignment prohibits the use of assignment e-mail addresses for claimed use, it may be advantageous to appointment this affair with your admonition to advance a action that complies with this advice and comports with your organization’s assignment policies,” Cun recommended.
She added that companies are accustomed to acquaint advisers that the DHS may use the e-mail abode they account to acquaintance them about the work-eligibility analysis process.
USCIS will accelerate an e-mail to advisers in these three scenarios:
Increased Government Oversight
Over the accomplished year the E-Verify Monitoring and Compliance annex and the Office of Special Admonition for Immigration-Related Unfair Employment Practices accept been actual alive in apprehension E-Verify-related abuses, said Lurie.
These abuses are generally due to a abridgement of training, she said. “In particular, we accept apparent a growing affair with cyberbanking Form I-9 systems that are not set up in a way to calmly deduce which TNC cases are still accessible and whether or not they are actuality handled timely. Administration charge to ensure this action is advised internally and that there is no overreliance on such systems.”
Organizations that abort to access the e-mail abode that advisers accommodate on their I-9 may be advised for noncompliance.
“It’s too aboriginal to tell, but it is acceptable that these communications will force companies to allot added assets to access absorption in an breadth that is generally overlooked,” Lurie said.
Roy Maurer is an online editor/manager for SHRM.
Follow him @SHRMRoy
Will E-Verify’s Photo-Matching Tool Anticipate Document Theft?, SHRM Online Global HR, July 2013
Dangerous I-9, E-Verify Mistakes to Avoid, SHRM Online Global HR, June 2013
E-Verify Best Practices for Federal Contractors, SHRM Online Global HR, June 2013
SHRM Online Global HR page
16 Ugly Truth About Form I-16 Address Change | Form I-16 Address Change – form i-9 address change
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