Form I-9 is a federal document used by the United States Citizenship and Immigration Services (USCIS) to verify the identity and employment authorization of individuals hired for employment in the United States. Understanding the I-9 verification process is crucial to maintaining I-9 compliance as an employer.
In this comprehensive I-9 guide, you’ll learn everything you need to know about this document, including who needs to complete Form I-9, the steps for completing Form I-9, common mistakes and tips to avoid them, and more. As one of the most important federal documents that employers are required to complete and store in their records, complying with Form I-9 is crucial to remain in good standing with the federal government.
Form I-9, Employment Eligibility Verification, is a federal document administered by the United States Citizenship and Immigration Services and is used to verify the work authorization and identity of individuals up for hire in the United States. This federal document was introduced in 1986 through the Immigration Reform and Control Act (ICRA) and is still used today to verify work eligibility in the U.S. All employers must complete and store I-9 forms for each employee, whether they’re citizens or noncitizens.
Form I-9 and its supporting documents are crucial for employers to complete and maintain in their records. These documents ensure internal hiring processes are fair and equitable, protecting workers from discrimination by demonstrating all employees go through the same hiring process regardless of their citizenship status or national origin. By protecting the rights of employees, Form I-9 ensures no worker faces mistreatment or discrimination.
All employers, regardless of size, industry, or location within the United States, must complete and retain Form I-9 for each individual they hire for employment after November 6, 1986. This applies to all employees as long as they receive any type of payment.
Examples of individuals employers need to complete Form I-9 for include U.S. citizens and nationals, noncitizens, regions, and employees transferred to the U.S. When a new employee is hired, Form I-9 must be completed within three days of the employee’s start date. Failing to comply can result in penalties and fines.
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Ensuring Form I-9 compliance is fairly straightforward, but several mistakes can be costly and detrimental. Common Form I-9 mistakes to look out for include:
Maintaining I-9 compliance is crucial for avoiding penalties and fines that can affect your bottom line. It’s also a legal requirement by the federal government, ensuring employers avoid discrimination claims and prevent unauthorized employment. Some of the penalties for I-9 non-compliance include:
Failing to comply with I-9 regulations can result in civil and criminal penalties. Civil fines for paperwork violations can range between $281 to $2,789 for each violation, increasing for repeated violations. If employers engage in a pattern of repeat offenses or knowingly employ unauthorized workers, they can face more severe penalties and jail time.
One of the best ways to ensure I-9 compliance is automating I-9 management and using the electronic I-9 Form. There are several benefits of electronic I-9 Forms, such as improved accuracy due to built-in validation checks, efficiency by streamlining the submission process, enhanced compliance thanks to features that check for errors or missing fields, and simplified audits due to the ability to search, organize, and retrieve I-9 Forms.
When looking for the right electronic I-9 system, look for compliance features like audit trails, error-checking features, and automatic updates that ensure your system is current on the latest regulations. Additionally, ensure your system is intuitive and easy to use, with robust security features to protect sensitive employee information.
One key step of the I-9 verification process is storing and retaining I-9 Forms for at least three years after an employee’s first day of work or one year after the end of their employment, whichever date comes later. Employers can physically store I-9 forms on-site or off-site at a storage facility, maintaining the original paper document or storing I-9 Forms on microfilm or microfiche.
Employers can also store I-9 Forms electronically on a system that has robust controls to ensure the integrity and accuracy of electronic I-9 Forms. Electronic systems must ensure an audit trail that notes any changes or updates to I-9 Forms and a detailed index of all relevant data that can easily be accessed when requested.
As an employer, it’s always important to be prepared for an I-9 audit. To prepare, it’s crucial to first ensure all I-9 Forms are completed within three business days, and only valid documentation is provided by employees. Conducting internal I-9 audits is an excellent way to ensure all I-9 Forms for each employee on your payroll are accounted for, completed correctly, and stored safely.
If you are chosen for an inspection, ICE will send an I-9 Notice of Inspection, which means that you must demonstrate and confirm your compliance with I-9 regulations within 72 hours. If you receive this notice, read it carefully to know what’s expected, conduct an internal I-9 audit, and prepare for the possible outcomes.
The federal government regularly changes many of the documents it uses to stay current, with Form I-9 included. The most recent changes to Form I-9 include reducing Sections 1 and 2 to a single sheet and moving Section 1 Preparer/Translator Certification area to a separate sheet titled Supplement A that employers can use when necessary. These are some of the key changes to Form I-9, and working with a reputable I-9 management, compliance, and verification service provider can ensure you’re up to date on the latest changes to Form I-9 to maintain I-9 compliance.
If you’re an employer, using our I-9 guide can help ensure I-9 compliance throughout the entire I-9 verification process. Understanding the deadlines, requirements, and penalties allows you to be aware of what’s required from the federal government to ensure your employees are authorized to work in the United States.