I-9 Form and Employment Authorization in Minnesota

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

1. Complete Section 1: Read the form instructions carefully and complete the employee information in Section 1. Be sure to include your full legal name, address, date of birth, and Social Security Number (SSN).

2. Provide Documentation: Provide original documentation from List A that establishes your identity and employment authorization. If you cannot provide documents from List A, you must provide a combination of documents from List B and List C.

3. Have your Employer Complete Section 2: Your employer must review your documentation, complete Section 2, and sign and date the form. Your employer may also require you to complete the Employee Self-Identification section.

4. Retain a Copy of the Form and Documentation: You should retain a copy of the completed form and documentation for your own records. Your employer should also retain a copy for its records.

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

I-9 forms are available on the US Citizenship and Immigration Services website at https://www.uscis.gov/i-9. You can also obtain forms from the Minnesota Department of Employment and Economic Development at https://mn.gov/deed/job-seekers/hiring-employees/forms-for-hiring/.

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

Acceptable documents for I-9 Verification in Minnesota include:

-U.S. Passport or Passport Card
-Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
-Employment Authorization Document (Form I-766)
-Certificate of U.S. Citizenship (Form N-560 or N-561)
-Certificate of Naturalization (Form N-550 or N-570)
-Unexpired foreign passport with a temporary I-551 stamp
-Unsupported Employment Authorization Document (I-766, EAD, or EAD/AP)
-U.S. Military ID Card (Form DD-214)
-Driver’s License or State ID Card issued by a state or outlying possession of the United States which contains a photograph or information such as name, date of birth, gender, height, eye color, and address
-Visa issued by the Department of State, with a temporary I-551 stamp
-Foreign driver’s license or ID

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

Yes, the I-9 form must be completed within three days of the start of work.

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

The I-9 form needs to be updated every three years or when a current employee’s work authorization expires.

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

Yes, there are local variations in I-9 document requirements in Minnesota. For instance, employers located in the City of Minneapolis must provide a copy of the I-9 to employees who are not native English speakers and the employer must accept foreign documents as long as they are unexpired originals. Additionally, employers located in St. Paul must provide a translated version of the I-9 instructions to non-English speaking employees.

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

No, Minnesota does not allow online completion of the I-9 form for remote work. The I-9 form must be completed on paper and signed in person before the employee begins working.

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

In Minnesota, employers must complete the I-9 Employment Eligibility Verification form for all new hires in the United States. Failure to complete this form may result in civil penalties of up to $2,156 for each instance of noncompliance. Additionally, employers may face criminal penalties of up to $16,000 per instance of knowing violations.

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

No, E-Verify is not mandatory for employers in Minnesota during the I-9 process. The I-9 process requires employers to verify the identity and employment authorization of their employees, but E-Verify is not mandatory in Minnesota.

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

Once an I-9 form is submitted in Minnesota, the only way to correct errors is to complete a new form and submit it. The employer must keep the original version and also attach the new form to it with an explanation of the changes. Both versions of the I-9 must be kept on file for three years, or one year after the employee’s employment ends, whichever is longer.

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

Yes, there are I-9 workshops and training programs available in Minnesota. The Minnesota Chamber of Commerce offers I-9 training programs for employers, and the Minnesota Department of Employment and Economic Development (DEED) offers training programs on the I-9 form and process. Additionally, several private companies offer I-9 seminars and workshops throughout the state.

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

Yes, you can use a foreign passport for I-9 verification in Minnesota. However, you will need to provide additional documentation such as a valid U.S. visa or immigration documents in order to complete the form.

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

The I-9 process for temporary employees in Minnesota is the same as for any other employee, regardless of their immigration or work status. The employer must ensure that all employees, regardless of temporary or permanent status, complete a Form I-9 at the time of hire.

The employer must review the employee’s documents and verify their identity and eligibility to work in the United States. The employer must also enter the employee’s information into Section 2 of the Form I-9. If the employee is a noncitizen, the employer must enter their Alien Number or I-94 number in Section 2.

The employer must also retain a copy of the completed form and documents provided by the employee for three years after the employee’s hire date or one year after termination, whichever is later. The employer must also make sure that they do not discriminate based on any of the information provided by the employee or on their citizenship or national origin status.

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

Yes, the Minnesota Department of Labor and Industry has an I-9 Helpline at 1-877-600-0753, which offers assistance with I-9 related questions.

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

If your work authorization expires in Minnesota and affects your I-9 form, you must contact the U.S. Citizenship and Immigration Services (USCIS) as soon as possible to apply for a renewal of your work authorization. Your employer will need to update your I-9 with the renewed work authorization before it expires to avoid potential fines or penalties. If you are unable to renew your work authorization, your employer will need to terminate your employment.

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

Yes, businesses in Minnesota are subject to I-9 compliance audits by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE). ICE conducts audits to ensure employers are correctly completing and maintaining I-9 forms for all employees. Employers who are found to be noncompliant can face fines and other penalties.

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

The I-9 process for remote employees in Minnesota is the same as for any other employee in the state. The employer must complete an I-9 form for each remote employee, which requires the employee to present documentation to prove their identity and authorization to work in the U.S. The employee must bring with them either a driver’s license, a state-issued ID card, a passport, or other documentation that proves their identity and authorization to work in the U.S. The employer must examine the documentation and complete Section 2 of the I-9 form. The form must be signed by both the employee and employer and returned to the employer within three days of hire. The employer must also keep a copy of the I-9 form on file for each employee.

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

No. Filling out the I-9 form is mandatory for all employees regardless of their religious beliefs. It is an important part of the employment process that is necessary to ensure that all employees are legally authorized to work in the United States.

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

The HR department is responsible for ensuring that the company is compliant with all I-9 regulations in Minnesota. This includes verifying the identity and work authorization of new hires, submitting the completed I-9 form to the Immigration and Naturalization Service (INS) within 3 days of the employee’s start date, keeping the I-9 form on file for at least three years, and notifying the INS if there are any changes to the employee’s status. The HR department should also be aware of frequent changes to I-9 regulations to ensure compliance.

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

The I-9 process for seasonal workers in Minnesota is the same as for any other type of employee. All employers must complete the I-9 Employment Eligibility Verification form for each employee within three days of hire. This form verifies the employee’s identity and eligibility to work in the United States. Employers must then review the employee’s identity documents and enter the information into Section 2 of the form, as well as retain copies of the documents and retain the completed form for a minimum of 3 years. Employers must also comply with any applicable state laws that require additional forms or processes, such as the Minnesota New Hire Reporting Form.