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Take the LawLogix I-9 Quiz

Last June, our Guest Blogger Charles Miller, co-author of Immigration Compliance Auditing for Lawyers provided us with an I-9 Quiz about the history and evolution of I-9 Forms.   We’re revisiting the I-9 quiz world with a slightly different perspective.  The questions in today’s I-9 Quiz are derived from questions that were posed during our past LawLogix I-9 Compliance Webinars presented by our Guest Bloggers and moderated by Dan Siciliano. Test your knowledge on frequently asked questions about I-9 Form compliance.  Do you have what it takes to make the grade?  On a separate sheet of paper, select the best answer available in the questions below and then click on the link below to get the answers and your score.

1. After our company has migrated all of our paper I-9 Forms into an electronic I-9 system, the M-274 Handbook for Employers indicates that we may:

a. Physically store our paper I-9 Forms until the purge date matures. b. Physically store our paper I-9 Forms for three years after the date we migrated. c. Destroy the original paper I-9 Forms. d. None of the above.

2. In I-9 Form Section 2, our HR coordinators have been putting “U.S. Government” as the Issuing Authority for social security cards.  Among the following choices, the most accurate issuing authority for this type of document is:

a. USCIS b. U.S. Government c. Social Security Administration d. U.S. Department of Labor

3. Can we request, but not require, a Legal Permanent Resident (greencard holder) present a green card as proof of identity and work authorization for the I-9?

a. No. b. Yes. c. Yes, but only if we helped the individual obtain permanent residence. d. Yes, but only if our company applies this to every person in the same scenario.

4. My newly hired employee left the social security number field blank on Section 1 of the I-9 Form.  Should I ask the employee to complete it anyway?

a. No, the social security number is always an optional field on the I-9 Form. b. Yes, if the employee‘s I-9 will be sent to E-Verify. Otherwise no. c. Yes, but give him 3 days from the date of hire to complete this field. d. Yes, but only if he has a social security number.

5. Oops!  I used an outdated (pre-April 2009) I-9 Form for a few of my newly hired employees and now it is beyond the 3 business day rule.  How should I proceed?

a. Shred the original I-9 Forms since they are not acceptable. b. Ask the affected employees to complete new (updated) I-9 Forms.  Keep the old I-9 Forms along with the new I-9 Forms. c. Ask the affected employees to complete new (updated) I-9 Forms.  Discard the old I-9 Forms. d. No correction is needed.  Leave it as is.

6. Our company employs remote employees all over the U.S.  Can our remote employees complete Section 1 of the I-9 Form remotely and fax the signed form, along with a copy of their identity/work authorization (Section 2) documents, back to us at headquarters?

a. Yes, so long as the employee completes Section 1 within the first day of hire. b. Yes, so long as the employee completes Section 1 within the first day of hire and the Section 2 documents are legible. c. No, because an authorized representative must examine original documents (not copies or faxes) before completing Section 2. d. No, because Section 2 documents must be physically verified by an authorized representative from headquarters.

7. The Section 2 identification/work authorization documents my newly hired employee presented to me obviously looks like a fake I-9 document.  The best practice approach I should take is to:

a. Tell the employee nothing because employers are not required to determine the authenticity of I-9 documents. b. Tell the employee nothing because employers are not required to determine the authenticity of I-9 documents, but make a notation on the I-9 Form. c. Tell the employee nothing.  Continue completing the I-9 Form.  Launch an investigation privately until my company has made a determination. d. Tell the employee I cannot accept the document.

8. My company is a consulting company that does not any hire foreign nationals. The potential for ICE to conduct an I-9 audit of my company’s I-9 Forms is:

a. Low, because ICE conducts I-9 audits on companies who only hire foreign nationals. b. Low, because my company provides consulting services. c. The same as any other U.S. employer. d. High, because ICE conducts I-9 audits on companies who hires only U.S. citizens or Legal Permanent Residents.

9. My company was recently acquired by a larger company.  One acceptable approach for the new parent company with regards to the I-9 Forms is to:

a. Treat all acquired employees as new hires and complete new I-9 Forms for all employees of the acquired company. b. Complete new I-9 Forms for all employees of the acquired company and the parent company. c. Shred the I-9 Forms of the acquired company since it is no longer a legal entity. d. Retain correctly completed I-9 Forms for the acquired company and submit all employees to E-Verify.

10. True or False: Our company uses electronic I-9 software with built-in compliance safeguards to manage our I-9 Forms so having an immigration attorney to consult with would be redundant.

a. True. All electronic I-9 systems are approved by ICE, so attorney involvement is not necessary. b. True. Using an electronic I-9 system provides a safe harbor from ICE investigations. c. False. Our company should consult with counsel to establish appropriate I-9 policies and procedures in using the electronic system. d. False. Our company should consult counsel if we hire foreign national employees.

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