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Published on Tuesday, 03 September 2019 00:00

As fall sets in, HR Partners wanted to provide a few updates regarding key human resources topics. Please read below on how to address the Federal Form I-9 and no-match letters.

Federal Form I-9

The federal government's Form I-9, used by HR departments across the country to verify workers' employment eligibility, is expiring on August 31, 2019.

The Department of Homeland Security (DHS) is expected to extend the current version of the form without changes, although minor clarifications will be made to the form's instructions. DHS has directed employers to continue using the current version of the form despite the expiration date until a revised version is available.

Here are a few of the proposed revisions:

• Employers may designate anyone to be an authorized representative to complete Section 2 of the form. The employer is still liable for any violations committed by the designated person.
• Writing "N/A," or not applicable, in the identity-document columns is no longer necessary. When entering document information in the List A column (or, alternatively, in the List B and List C columns), you will not need to enter "N/A" in the columns that are not used.
• The form's List C documents that establish employment authorization do not include a worker's Employment Authorization Document (EAD). The List C documents include a Social Security card and birth certificate, while the EAD (Form I-766) providing temporary employment authorization to work in the United States is a List A document.

No-Match Letters

The Social Security Administration (SSA) has recently began sending out “No Match” letters. The letters are notifications to employers identified as having one name and Social Security Number combination on the Form W-2 that do not match the SSA’s records. The letters are only to advise employers that corrections are needed in order for the SSA to properly post employee’s earnings to the correct record. It is important to note that the letters do not necessarily indicate unauthorized workers and Employers should avoid any discriminatory actions. However, employers should investigate why they received a no-match letter. Reasons for the discrepancies could include typographical errors, unreported name changes, and inaccurate or incomplete employer records.

The SSA is instructing employers to register online through the agency's business services system and correct the mismatch within sixty (60) days. Registering online is the only way employers can view the names and Social Security Numbers that need correction. Addressing mismatch issues is likely to be seen as evidence of good faith in the event of an eventual ICE audit or raid.

For more tips on addressing concerns in the workplace, please contact HR Partners at 785-233-7860. In addition, we would be pleased to assist you with any other HR matter your business may need guidance with.