Form Wh-380-E Revised May 2015: Employer Certification Update

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As an employer, it's essential to stay up-to-date on the latest regulations and paperwork requirements, especially when it comes to verifying the employment eligibility of new hires. One crucial document that has undergone changes is the Form I-9, Employment Eligibility Verification, which has been a cornerstone of U.S. immigration law since 1986. Specifically, the Form I-9 has undergone revisions, and with it, the Form I-9, Employer Certification (Form Wh-380-E). In this article, we will delve into the updates to Form Wh-380-E, Revised May 2015, and what it means for employers.

Understanding the Form I-9 and Employer Certification

Before we dive into the updates to Form Wh-380-E, it's essential to understand the Form I-9 and its significance in verifying employment eligibility. The Form I-9 is a document used by employers to confirm the identity and employment eligibility of new hires. It requires employers to examine documents presented by the employee to establish their identity and authorization to work in the United States. The Employer Certification section, also known as Form Wh-380-E, is a crucial part of the Form I-9 process.

What is Form Wh-380-E?

Form Wh-380-E is a certification form that employers must complete to verify that they have inspected the documents presented by the employee and have made a reasonable determination that the employee is authorized to work in the United States. The form requires employers to certify that they have:

• Examined the documents presented by the employee
• Verified that the documents appear to be genuine and relate to the employee
• Determined that the employee is authorized to work in the United States

Updates to Form Wh-380-E, Revised May 2015

In May 2015, the U.S. Citizenship and Immigration Services (USCIS) released an updated version of Form I-9, which included changes to the Employer Certification section (Form Wh-380-E). The updates aimed to improve the accuracy and completeness of the information provided by employers.

Some of the key changes to Form Wh-380-E include:

• New Fields: The updated form includes new fields to capture additional information, such as the employee's email address and phone number.
• Clarified Instructions: The instructions for completing the form have been revised to provide clearer guidance on the documents that are acceptable for verifying employment eligibility.
• Revised Certification Language: The certification language has been revised to provide more specific guidance on the employer's responsibilities and the consequences of failing to comply with the Form I-9 requirements.

What Employers Need to Know

Employers must ensure that they are using the most recent version of Form Wh-380-E, Revised May 2015. Failure to use the updated form can result in fines and penalties. Additionally, employers must:

• Retain Completed Forms: Employers must retain completed Forms I-9, including the Employer Certification section, for a period of at least three years from the date of hire or one year from the date of termination, whichever is later.
• Conduct Regular Audits: Employers should conduct regular audits to ensure that their Forms I-9 are accurate and complete.

Best Practices for Employers

To ensure compliance with the Form I-9 requirements, employers should follow these best practices:

• Use the Most Recent Version: Ensure that you are using the most recent version of Form Wh-380-E, Revised May 2015.
• Train HR Staff: Provide training to HR staff on the Form I-9 requirements and the Employer Certification process.
• Conduct Regular Audits: Conduct regular audits to ensure that your Forms I-9 are accurate and complete.

Conclusion

In conclusion, the updates to Form Wh-380-E, Revised May 2015, are an essential part of ensuring that employers are complying with the Form I-9 requirements. By understanding the changes to the Employer Certification section and following best practices, employers can reduce the risk of fines and penalties. We encourage employers to take the necessary steps to ensure compliance and to contact us with any questions or concerns.

We invite you to share your thoughts and experiences with Form I-9 and Employer Certification in the comments below. Don't forget to share this article with your colleagues and networks to help spread awareness about the importance of compliance.