When encountering rough weather, the sailing ship’s captain gave the order to “batten down the hatches!” It means to cover up the doorways and hatches in the deck to prevent seawater from rushing into the ship during the storm. Now is a good time to batten down your work authorization hatches with the possibility of rough seas ahead, because the incoming U.S. presidential administration has consistently emphasized “mass deportation” of unauthorized individuals in the country. No one should panic, campaign promises are not necessarily the same as real world action, but it is likely that employers will be affected by tighter enforcement in the years ahead. Start to batten down those hatches by revisiting your business process for documenting work authorization of new employees using the U.S. government’s Form I-9.
Revisit the work authorization process
All employers are required to verify that everyone they hire is eligible to work in the U.S. Employers must view documentation provided by the employee to establish the employee’s identity and work authorization. These documents must reasonably appear authentic and must pertain to the employee. The U.S. Citizenship and Immigration Services is the first place to go for I-9 information, find the I-9 form here. The form has changed frequently in recent years, so it’s a good practice to download a fresh, updated form from the website each time you hire a new employee. Instructions for form I-9 should be given to employees so that they can choose which documentation to provide, you can also download I-9 instructions in Spanish. Please note that the Spanish version of I-9 can only be used in Puerto Rico, but employers in other states can provide it as a reference for Spanish-speaking employees.
Make it a consistent procedure
Just understanding I-9 work authorization is not enough, you need a clear and repeatable procedure that will be followed every time a new employee is hired. It’s important to have a standard operating procedure (SOP) for verifying and documenting work authorization. An SOP will help make sure the job is done right, every time, so that your business has less legal risk in this area. Use this example I-9 SOP to understand the overall process and train employees who will complete this critical administration task. Note that section 1 of I-9 must be completed by the new employee, and section 2 must be completed by the employer or their authorized representative. Importantly, the section 1 must be signed and dated by the employee, and section 2 must be signed and dated by the employer, in addition the employee’s first day of employment must be entered in section 2 by the employer.
The New York Labor Roadshow is coming up quickly on December 11 and 13th, get all the details and register here.
By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
The post Batten Down the Hatches: It’s Time to Tighten Work Authorization appeared in The Ag Workforce Journal.
