Keep Your Company Compliant in March: I-9 Compliance Essentials

• _{Not applicable to HUB100 or GHR Hotline Clients}

“I-9 Audits”

Holidays

• National Employee Appreciation Day – March 7

Important Dates and Deadlines for this Month

March 2

• OSHA 300 Forms Reporting due – Certain establishments must electronically submit to OSHA detailed information about each recordable injury and illness entered on their previous calendar year's OSHA 300 Log and 301 Incident Report forms (29 CFR 1904.41). This includes the date, physical location, and severity of the injury or illness; details about the worker who was injured; and details about how the injury or illness occurred.
  • Under OSHA’s electronic reporting requirements in 29 CFR 1904.41(a)(1), an employer must electronically submit 300A data to the ITA if your establishment meets one of the following criteria:
    • 250 or more employees and is notin an industry listed in the Exempt Industries list in Appendix A to Subpart B of OSHA’s recordkeeping regulation of 29 CFR Part 1904 or
    • 20-249 employees and is in an industry listed in Appendix A to Subpart E of 29 CFR Part 1904.
    • An employer must also submit 300/301 data if your establishment(s) has 100 or more employees and is in an industry listed in Appendix B to Subpart E of 29 CFR Part 1904.
    • You can also use the ITA Coverage Applicationto help determine if your establishment is required to submit this data.
  • The requirements apply to establishments covered by Federal OSHA, as well as establishments covered by states with their own occupational safety and health programs (i.e., State Plans).
  • The due date to complete this submission is March 2, 2025. The submission requirement is annual, and the deadline for timely submission of the previous year's injury and illness data will be on March 2 of each year.
• CA Employers: Begin preparing for CA Pay Data Reporting. California employers of 100 or more employees and/or 100 or more workers hired through labor contractors must report pay and hours-worked data by establishment, job category, sex, race, and ethnicity to the Civil Rights Department (CRD) annually. 2024 Pay Data Reports are due 5/14/2025. For clients with access to the Forms Library, see the folder “Pay Data Reporting – SB 973” located in the “California” folder.

March 9

• Daylight Savings Time Begins

March 31

• End of Q1, calendar year. *

Topics to Discuss and/or Review

1. Set aside some time to conduct an I-9 Audit. For clients with access to the Forms Library, references to this section can be found in the folder “United States Citizenship and Immigration Service (USCIS).” See the documents: “I-9 Audit Checklist”, “How to conduct an internal I-9 Audit” and “ICE I-9 Audit Instructions”, “I-9 Physical Verification Memo” “I-9 Re-verification Memo” “I-9 Retention How and What to Keep”, “Handbook for Employers M-274 _ USCIS”
   • Collect I-9s
     • Gather all digital and physical I-9s.
     • Identify which employees have and have not completed I-9s.
     • Create a code to identify employees who don’t require additional action.
   • Obtain Missing I-9s
     • Ensure every employee has completed or received a Form I-9 (exclude employees hired before 1986).
     • Retain I-9s for three years from completion or one year after termination, whichever is later.
     • Contact employees hired after 1986 without an I-9 on file to provide documentation.
     • Use current dates for completing Form I-9 and attach a memo explaining the audit correction.
     • Set a due date for employees to provide documentation.
   • Audit and Review I-9s
     • Review each Form I-9 section by section.
     • Ensure accuracy and completeness in Section 1 (employee information), Section 2 (employer review), and Supplements A and B (if applicable).
   • Correct Errors & Remediation
     • Make necessary changes and document recurring issues.
     • Correct errors by drawing a line through incorrect information, entering the correct information, and initialing and dating the correction. Attach a written explanation if needed.
     • Employee must correct errors in Section 1. Preparer/translator must correct their own errors. Employer corrects errors in Section 2 and Supplement B.
     • For multiple errors, redo the section on a new Form I-9 and attach it to the old form with an explanation.
     • Do not use correction fluid or erase text. Attach a signed and dated explanation for any changes.
     • Ensure electronic Form I-9 audit trails reflect all corrections.
     • Implement HR training on proper I-9 completion.
   • Address Terminated Employee Form I-9
     • Retain I-9s for three years after hire or one year after termination, whichever is later.
     • Correct errors similarly to current employees, noting any corrections that require the former employee’s input.
     • Attach a signed and dated statement explaining why corrections could not be made.
   • Complete the Audit
     • Reorganize and store all forms clearly and accessibly.
     • Memorialize the storage process for easy future retrieval.
     • Retain Form I-9 audit logs and communications.
     • Keep audit documentation either in a separate audit file or with the I-9 forms.

2. Several states have laws requiring the use of E-Verify for certain employers. Check to see if you are covered by a requirement to use E-Verify. For those that use or are required to E-Verify, incorporate E-Verify compliance into your regular I-9 audit schedule. For clients with access to the Forms Library, see the document, “E-Verify Laws by State” found in the folder “United States Citizenship and Immigration Service (USCIS).”Here are the steps to effectively use E-Verify in your I-9 audit process:
   • Enroll in E-Verify
     • If your company is not already enrolled, start by enrolling in E-Verify. This involves setting up your account and agreeing to the terms of use.
   • Review Existing I-9 Forms
     • Begin by reviewing all existing I-9 forms to ensure they are complete and accurate. Identify any missing or incorrect information that needs to be addressed.
   • Submit I-9 Information to E-Verify
     • For each employee, submit the information from their I-9 form to E-Verify. This includes details such as the employee’s name, date of birth, and Social Security number.
   • Handle Tentative Nonconfirmations (TNCs)
     • If E-Verify returns a TNC, follow the procedures to notify the employee and resolve the issue. This may involve the employee providing additional documentation or correcting errors.
   • Address Final Nonconfirmations
     • If an employee receives a final nonconfirmation, you must follow the appropriate steps, which may include termination of employment.
   • Document and Correct Errors
     • Make any necessary corrections to the I-9 forms based on the E-Verify results. Document these corrections and attach explanations where needed.
   • Maintain Records
     • Keep detailed records of the E-Verify submissions, results, and any actions taken. This includes maintaining copies of the I-9 forms, E-Verify confirmations, and any correspondence with employees.

Tips

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7.