1. What is the purpose of the Form I-9?

The purpose of Form I-9, also known as the Employment Eligibility Verification form, is to verify the identity and employment authorization of individuals hired for employment in the United States. This form is used by employers to ensure that their employees are authorized to work in the country, as required by the Immigration and Nationality Act. By completing the Form I-9, both the employee and the employer attest to the employee’s identity and work eligibility, helping to prevent unauthorized individuals from gaining employment. The Form I-9 is a critical tool in maintaining a legal workforce and complying with immigration laws and regulations.

2. Who is required to complete the Form I-9?

1. The Form I-9, Employment Eligibility Verification, must be completed by all employers in the United States for every employee hired after November 6, 1986. This applies to both citizens and non-citizens. However, there are exceptions for certain types of workers, such as independent contractors, unpaid volunteers, and employees hired before November 6, 1986, who are still employed by the same employer.

2. Additionally, the Form I-9 must be completed for employees regardless of their citizenship status or nationality. This means that both U.S. citizens and non-citizens must fill out Form I-9 when they begin employment with a company. Failure to properly complete and retain Form I-9 for each employee can result in significant fines and penalties for employers, so it is crucial to ensure compliance with this requirement.

3. When should the Form I-9 be completed for an employee?

The Form I-9 should be completed for an employee at three specific points in time:

1. Before Employment Begins: The Form I-9 must be completed no later than the employee’s first day of work for pay. This means that the employee must have the form filled out, signed, and dated before they begin working for the employer.

2. Section 1 is the Responsibility of the Employee: Section 1 of the Form I-9, where the employee provides their personal information and attests to their employment authorization, must be completed by the employee no later than their first day of work.

3. Section 2 is the Responsibility of the Employer: Section 2 of the Form I-9, where the employer examines the employee’s acceptable documents to verify their identity and work authorization, must be completed within three business days of the employee’s first day of work.

It is crucial for employers to ensure timely and accurate completion of the Form I-9 to comply with federal regulations and verify the eligibility of their employees to work in the United States.

4. What documents are acceptable for verifying identity and employment authorization on the Form I-9?

The Form I-9, Employment Eligibility Verification, requires employees to provide documents that establish both their identity and employment authorization. There are three lists of acceptable documents to choose from when completing the Form I-9:

List A documents establish both identity and employment authorization and include items such as a U.S. Passport, Permanent Resident Card, or Employment Authorization Document.

List B documents establish identity only and include items like a driver’s license or identity card issued by a state.

List C documents establish employment authorization only and include items like a Social Security card or original or certified copy of a birth certificate.

Employers must ensure that employees provide one document from List A or one document from List B along with one document from List C in order to satisfy the Form I-9 requirements. It is important for employers to carefully review the lists of acceptable documents and to notate the information correctly on the form to avoid potential penalties or fines from the government.

5. What is the deadline for completing the Form I-9 for a new employee?

The deadline for completing Form I-9 for a new employee is the earlier of the following two options: 1. The employee’s first day of work; or 2. Three business days after the employee starts working for pay. It is crucial for employers to ensure timely completion of the Form I-9 to comply with U.S. immigration law and avoid penalties for noncompliance. The process includes completing Section 1 of the form on or before the first day of employment and verifying the employee’s identity and employment authorization documents within the specified timeframe. Failure to meet the deadline can result in fines and potential legal consequences for the employer.

6. Are employers required to retain copies of the documents provided by employees for the Form I-9?

Yes, employers are required to retain copies of the documents provided by employees for the Form I-9. Retaining copies of the documents helps to demonstrate compliance with the requirements of the Employment Eligibility Verification process. Keeping copies of these documents can also serve as a record in case of any future audits or investigations by immigration authorities. Moreover, maintaining copies of the documents can assist in verifying the authenticity of the identity and work authorization of employees, helping to prevent potential issues related to unauthorized employment. Properly organizing and securely storing these copies is essential to ensuring compliance with Form I-9 regulations and requirements.

7. Can remote employees complete the Form I-9 electronically?

Yes, remote employees can complete the Form I-9 electronically if certain conditions are met. Here are some key points to consider:

1. Remote employees must still have their identity and employment authorization documents physically inspected by an authorized representative, employer, or agent within three business days of their start date.

2. Employers can use an electronic system for completing and storing Form I-9 as long as it complies with the regulations set by the Department of Homeland Security.

3. The electronic system must be designed to create a tamper-proof audit trail, retain the completed form, and provide necessary disclosures to the employee.

4. Employers must ensure that remote employees have access to the electronic Form I-9 system and are able to provide any necessary information or documentation without difficulty.

5. It is important to note that remote employees are subject to the same Form I-9 requirements as on-site employees, regardless of their work location.

6. Employers should familiarize themselves with the specific guidelines and requirements for electronic completion of Form I-9 to ensure compliance with the law.

Overall, while remote employees can complete the Form I-9 electronically, it is crucial for employers to follow the necessary steps and guidelines to maintain compliance with federal regulations.

8. How long must employers retain the Form I-9 after an employee’s termination?

Employers are required to retain Form I-9 for a certain period of time after an employee’s termination. Specifically, employers must retain the Form I-9 for either three years after the date of hire or one year after the date of termination, whichever is later. This means that employers must keep the Form I-9 on file for at least one year after an employee’s termination, or longer if the employee’s tenure with the company was less than three years. Retaining the Form I-9 is crucial for compliance purposes and can be requested by government agencies such as the U.S. Immigration and Customs Enforcement (ICE) for inspection during an audit or investigation. It is essential for employers to maintain accurate records to ensure they are meeting their obligations under the law.

9. Can employers reverify employment authorization for current employees?

Yes, employers can reverify employment authorization for current employees in specific situations. Here are some key points to consider:

1. Reverification is required when an employee’s work authorization document presented during the initial Form I-9 process expires.
2. Employers must complete Section 3 of the Form I-9 to reverify employment authorization no later than the date of expiration of the current work authorization document.
3. Reverification should be based on an actual document or a new document with a later expiration date.
4. Employers should not reverify U.S. citizens or noncitizen nationals.
5. Reverification should be conducted uniformly for all employees to avoid discrimination claims.
6. It is not necessary to reverify U.S. lawful permanent residents (green card holders) when their Permanent Resident Card expires.
7. Failure to timely reverify an employee’s work authorization could result in noncompliance with employment verification regulations.
8. Employers should maintain proper records of reverification in case of an audit by the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE).
9. Overall, employers must ensure compliance with employment eligibility verification requirements to avoid penalties and legal issues.

10. Can employers accept expired documents for the Form I-9?

No, employers cannot accept expired documents for the Form I-9 process. All documents presented by the employee for employment eligibility verification must be current and unexpired. Accepting expired documents can result in non-compliance with immigration laws and regulations, potentially leading to fines or penalties for the employer. It is essential for employers to carefully review all documents presented by employees during the Form I-9 process to ensure they are valid and unexpired. If an employee presents an expired document, the employer should request a different, valid document to establish the employee’s work authorization. It is crucial to stay up to date on the latest guidelines and requirements set forth by the U.S. Citizenship and Immigration Services (USCIS) to maintain compliance with Form I-9 regulations.

11. What is the penalty for failing to properly complete or retain Form I-9?

The penalty for failing to properly complete or retain Form I-9 can vary depending on the violation. The U.S. Immigration and Customs Enforcement (ICE) enforces compliance with the requirements of Form I-9 and may impose fines for violations related to employment eligibility verification. Some potential penalties for non-compliance with Form I-9 requirements include:

1. Minor or technical violations: Employers may face fines ranging from $230 to $2,292 per violation for paperwork errors, such as missing signatures or dates.

2. Substantive violations: Fines can range from $575 to $4,586 per violation for more serious violations, such as failing to produce or properly complete Form I-9 for an employee or knowingly hiring unauthorized workers.

3. Patterns of violations: Employers with a pattern or practice of knowingly hiring or continuing to employ unauthorized workers may face increased fines and potential criminal penalties.

It is important for employers to ensure that they properly complete and retain Form I-9 for all employees to avoid potential penalties and maintain compliance with U.S. immigration laws.

12. Can employers use E-Verify in addition to the Form I-9?

Yes, employers in the United States can choose to use E-Verify in addition to the Form I-9 to verify the employment eligibility of their employees. E-Verify is an internet-based system that compares information from an employee’s Form I-9 to data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. While the use of E-Verify is optional for most employers, some state and federal laws may require certain employers to use E-Verify for all their new hires. It’s important for employers to ensure they are in compliance with all applicable laws and regulations when using E-Verify alongside the Form I-9 to verify the employment eligibility of their workers.

13. Can employers accept a Social Security card that says “Not valid for employment” for the Form I-9?

No, employers cannot accept a Social Security card that says “Not valid for employment” for Form I-9 purposes. The Form I-9 is a document used to verify the identity and employment authorization of individuals hired for employment in the United States. A Social Security card that is marked “Not valid for employment” is issued by the Social Security Administration to individuals who are not authorized to work in the United States, such as those on certain types of visas that do not allow for employment. Accepting such a card for Form I-9 purposes would not establish the individual’s eligibility to work in the U.S., and could potentially lead to compliance issues for the employer. It is important for employers to carefully review the documents presented by employees during the Form I-9 process to ensure they meet the requirements for establishing identity and work authorization.

14. Can employers request specific documents from employees for the Form I-9?

Yes, employers can request specific documents from employees for the Form I-9 as long as they are on the list of acceptable documents provided by the U.S. Citizenship and Immigration Services (USCIS). It is important for employers to treat all employees equally and not request different documents from different employees based on their perceived national origin or citizenship status. Employers must allow employees to choose which documents to present from the list of acceptable documents, as long as they establish identity and work authorization. Keep in mind that requesting specific documents not listed on the Form I-9 or discriminating based on immigration status can lead to legal repercussions for the employer. It is crucial for employers to be aware of these guidelines to ensure compliance with immigration laws.

15. Can an employer refuse to hire an individual based on citizenship status or national origin?

No, under the Immigration and Nationality Act (INA), it is illegal for an employer to refuse to hire an individual based on their citizenship status or national origin. Employers are prohibited from discriminating against individuals during the hiring process based on their immigration status or where they are from. It is important for employers to treat all job applicants equally and fairly, regardless of their citizenship or national origin. Doing so not only helps uphold federal laws but also ensures a diverse and inclusive workplace environment. If an individual believes they have been discriminated against based on their citizenship status or national origin, they can file a complaint with the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

1. Employers should focus on an individual’s ability to perform the job duties rather than their citizenship status.
2. It is crucial for employers to have a clear understanding of anti-discrimination laws related to employment eligibility to avoid legal implications.

16. Can an employer request additional documentation if the documents presented by the employee for the Form I-9 appear fraudulent?

Yes, an employer can request additional documentation if they have a reasonable belief that the documents presented by the employee for Form I-9 are fraudulent. It is important for employers to be vigilant and take steps to ensure that the documents provided are genuine and belong to the employee presenting them. If there are doubts about the authenticity of the documents, the employer can ask the employee to provide different or additional documentation that establishes their work eligibility.

1. Employers should follow the guidelines set by the U.S. Citizenship and Immigration Services (USCIS) for requesting additional documentation in such cases.
2. The additional documents requested should still be listed in the Lists of Acceptable Documents provided by USCIS for Form I-9 verification.
3. Employers must treat all employees consistently and not discriminate based on factors such as race, religion, or national origin when requesting additional documentation.

17. Can an employer designate someone else to complete the Form I-9 on their behalf?

Yes, an employer can designate someone else to complete the Form I-9 on their behalf. This can be particularly useful for large organizations or businesses with multiple locations where the individual responsible for completing the Form I-9 may not always be present. However, the employer remains ultimately responsible for ensuring that the Form I-9 is completed accurately and in a timely manner. It is crucial that the designated individual thoroughly understands the requirements of the Form I-9 and complies with all applicable laws and regulations to avoid potential fines or penalties for non-compliance. The employer should also have processes in place to review and verify the information provided on the Form I-9 to ensure accuracy and completeness.

18. Can employers ask employees for copies of their documents before completing the Form I-9?

1. Employers are not permitted to ask employees for copies of their documents before completing the Form I-9. The Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. Asking employees for copies of their documents before completing the Form I-9 could be seen as a violation of the regulations governing the employment eligibility verification process.

2. Employers should wait until the employee has presented their original documents for examination and completion of the Form I-9 before making copies, if desired. Employers are allowed to make copies of the documents presented by the employee to establish their identity and work authorization, but this should only be done after the Form I-9 has been completed and within certain guidelines to avoid discrimination or privacy violations.

3. It is important for employers to follow the proper procedures outlined by the U.S. Citizenship and Immigration Services (USCIS) when verifying employment eligibility and not to request documents prematurely. Failure to comply with the rules and regulations surrounding the Form I-9 process can lead to potential fines and penalties for the employer.

19. Can employers use a third-party service to complete the Form I-9 on their behalf?

Yes, employers can use a third-party service to complete the Form I-9 on their behalf, but they are still ultimately responsible for ensuring compliance with all I-9 requirements. When considering using a third-party service for Form I-9 completion, employers should carefully review and select reputable vendors who understand the complexities of the employment verification process. Here are some key considerations when using a third-party service:

1. Selecting a Reputable Vendor: Employers should choose a third-party service provider with a proven track record of accuracy and compliance in handling Form I-9 processes.

2. Training and Oversight: Employers must ensure that the third-party service is properly trained in I-9 requirements and oversight to ensure that the forms are completed accurately and on time.

3. Responsibility: Remember that even if a third party completes the Form I-9, the employer is ultimately responsible for any errors or violations.

4. Retention of Records: Employers must retain control of the Form I-9 and related documentation, even if a third party assists in completing the form.

5. Audit Preparedness: Employers should be prepared for possible audits or inspections of their Form I-9s, even if completed by a third-party service.

In summary, while employers can utilize a third-party service for Form I-9 completion, they should exercise caution and due diligence in selecting a reputable provider and ensure ongoing compliance with all I-9 requirements.

20. Can an employer ask about an employee’s immigration status or national origin during the hiring process?

No, it is illegal for an employer to ask about an employee’s immigration status or national origin during the hiring process. Under the Immigration Reform and Control Act of 1986 (IRCA), employers are prohibited from discriminating against individuals on the basis of national origin or citizenship status. Asking about these topics during the hiring process can be seen as discriminatory and may lead to potential legal consequences for the employer.

1. Employers are allowed to ask about an individual’s legal right to work in the United States once they have been hired and the Form I-9 process has begun.
2. Employers must treat all applicants equally during the hiring process and should focus on the individual’s qualifications and ability to perform the job duties.
3. If an employer has questions about an applicant’s work authorization or immigration status, they should wait until the individual has been hired and follow the proper procedures outlined in the Form I-9 Employment Eligibility Verification process.
4. It is important for employers to be aware of anti-discrimination laws and regulations to ensure compliance and avoid any potential legal issues.