How to fill out the I-9 form for employment in Delaware?

The I-9 form for employment in Delaware is the same as the I-9 form used across the United States. The form must be filled out by the employee and employer.

Employee Instructions:

1. Complete Sections 1, 2, and 3 of the form. In Section 1, you must provide information such as your full name, address, date of birth, Social Security Number (SSN), and your immigration status. In Section 2, you must provide either one or two documents from Lists A, B, and C that verify your identity and eligibility to work in the U.S. In Section 3, you must enter information about any previous name or address changes.

2. Sign and date the bottom of Section 1 on the form.

Employer Instructions:

1. Review the employee’s information in Section 1 and verify that it is accurate and complete.

2. Review the employee’s documents from Lists A, B, and C in Section 2 and verify that they appear to be valid and unexpired.

3. Complete Section 2 of the form by entering the document number or expiration date from each document provided by the employee, the date you accepted the documents, and your name and title.

4. Sign and date Section 2 of the form to certify that you have reviewed the documents with the employee and determined that they look valid.

5. Provide a copy of Section 2 of the completed form to the employee for their records.

Where can I get an I-9 form in Delaware for employment purposes?

The I-9 form can be downloaded from the U.S. Citizenship and Immigration Services website at https://www.uscis.gov/i-9. You may also obtain the form from the Delaware Department of Labor website at https://dol.delaware.gov/pdf/EmploymentVerificationForm.pdf.

What documents are acceptable for I-9 verification in Delaware?

In Delaware, employers are required to use the form I-9 to verify all new employees in the U.S., regardless of citizenship status. Acceptable documents for I-9 verification in Delaware include:

• A U.S. passport or passport card
• A Permanent Resident Card (Form I-551)
• An unexpired foreign passport with a valid visa and I-94
• An Employment Authorization Document (Form I-766)
• A driver’s license or state-issued identification card with photograph
• Social Security card (not laminated)
• Birth certificate
• U.S. Certificate of Naturalization (Form N-550/N-570)
• U.S. Certificate of Citizenship (Form N-560/N-561)

Is there a deadline for completing the I-9 form in Delaware when starting a new job?

The I-9 form must be completed within three business days of the employee’s start date.

How often do I need to update the I-9 form for employment in Delaware?

The I-9 form for employment in Delaware needs to be updated every three years, or when there is a change in the employee’s legal eligibility to work in the United States.

Are there local variations in I-9 document requirements in Delaware?

Yes, local variations in I-9 document requirements may exist in Delaware. The federal I-9 form is the same for all employers across the United States; however, employers in Delaware may have additional documentation requirements for their employees. For example, some employers in Delaware may require an additional form such as the Delaware New Hire Form to be completed and submitted along with the federal I-9 form. Additionally, employers in Delaware may require additional documents to be included with the I-9 form when verifying an employee’s identity and employment eligibility.

Can I complete the I-9 form online in Delaware for remote work?

No, the I-9 form must be completed in-person in Delaware for remote work. Employers must have the employee physically present in-person to review the employee’s original documents proving identity and work authorization, so that employers can attest to the documents’ authenticity.

What is the penalty for not completing the I-9 form in Delaware?

The penalty for not completing the I-9 form in Delaware is up to $110 for each I-9 form that has not been completed or that contains errors or omissions. Additionally, employers may be subject to civil and/or criminal penalties.

Is E-Verify mandatory for employers in Delaware during the I-9 process?

No, E-Verify is not mandatory for employers in Delaware during the I-9 process. Employers in Delaware are encouraged to use E-Verify as a voluntary verification tool, but it is not required.

How to correct errors on the I-9 form in Delaware after submission?

If you have submitted an I-9 Form in Delaware and it contains errors, you can contact the Delaware Division of Revenue (DOR) for assistance in correcting errors. The DOR will review the I-9 Form and provide guidance on how to make the necessary corrections. Depending on the type of errors, you may be able to make corrections online, or you may need to complete a new I-9 form and submit it to the DOR. Additionally, the employer and employee may need to sign a form acknowledging the corrections that have been made.

Are there I-9 workshops or training programs available in Delaware?

Yes, there are I-9 workshops and training programs available in Delaware. Several organizations, including the Delaware Business Alliance and the Delaware Department of Labor, offer I-9 training programs and workshops. The Delaware Business Alliance offers an I-9 workshop every month at their Dover office, while the Delaware Department of Labor offers an online I-9 training program for employers.

Can I use a foreign passport for I-9 verification in Delaware?

No, you cannot use a foreign passport for I-9 verification in Delaware. U.S. law requires you to present specific documents or combinations of documents to prove your identity and employment eligibility when completing Form I-9. Acceptable documents include unexpired passports or other travel documents issued by the U.S. government.

How does the I-9 process work for temporary employees in Delaware?

The I-9 process for temporary employees in Delaware works similarly to other states. On the first day of employment, employers must provide a Form I-9 to all employees and require them to complete and sign the form. The employee must provide evidence of their identity and work authorization, which can be a combination of documents from a list of acceptable documents provided by the U.S. Citizenship and Immigration Services (USCIS). The employer must then review and verify the documents provided and note the information on the Form I-9. The employer must maintain the completed Form I-9 in their records until the employee’s period of employment ends, or three years after the employee’s start date—whichever comes first. Employers may not discriminate against any employee based on their national origin or citizenship status.

Is there a helpline for I-9-related questions in Delaware?

Yes, there is a helpline for I-9-related questions in Delaware. The helpline can be reached at (302) 577-7374.

What to do if my work authorization expires in Delaware and affects the I-9 form?

If your work authorization expires in Delaware and affects the I-9 form, you should contact the United States Citizenship and Immigration Services (USCIS) to discuss your options. You may be able to apply for an extension of the work authorization or consider other options, such as adjusting your immigration status. The USCIS can provide information on the necessary steps to take to remain in the U.S. legally. Additionally, you should contact your employer to discuss updating the I-9 form with your updated work authorization.

Are there I-9 compliance audits for businesses in Delaware?

Yes, employers in Delaware are subject to I-9 compliance audits by U.S. Immigration and Customs Enforcement (ICE). These audits may involve the review of employee records, including I-9 forms.

How does the I-9 process work for remote employees in Delaware?

For remote employees in Delaware, the I-9 process is the same as for in-person employees. The employer must provide an I-9 form to the employee prior to their start date. The employee must then complete and return the form within three business days. The employer must review the form, and verify eligibility to work within the United States by examining at least one of the documents listed on the form. The employer must then sign the form and maintain a copy on file for three years or until one year after employment ends, whichever is longer.

Can I refuse to fill out the I-9 form in Delaware for religious reasons?

No, you may not refuse to fill out the I-9 form in Delaware for religious reasons. Federal law requires that all employees complete an I-9 form in order to verify their identity and eligibility to work in the United States. All employers in Delaware must abide by this law, and no exceptions are made for religious reasons.

What is the role of the HR department in the I-9 process in Delaware?

The HR department in Delaware plays an important role in the I-9 process. They are responsible for ensuring that the appropriate documents are presented upon hire, that all employees complete the I-9 form correctly, and that all documents are stored securely. Additionally, the HR staff should be aware of any changes to state or federal laws related to the I-9 process so they can ensure compliance.

How does the I-9 process work for seasonal workers in Delaware?

The I-9 process for seasonal workers in Delaware is the same as for any other employee. The employer must complete the I-9 Form to verify the identity and employment authorization of each employee hired. The employer must collect documents to verify identity and employment authorization, complete Section 1 of the Form I-9 and review the documents presented by the employee. The employer must then complete Section 2 of the Form I-9 and retain it for three years after the date of hire, or one year after termination of employment, whichever is later. Employers must also not discriminate against any employee while completing the I-9 process.