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

The purpose of Form I-9 is to verify the identity and employment authorization of individuals hired for employment in the United States. This form is required by the U.S. Citizenship and Immigration Services (USCIS) to ensure that employers hire individuals who are legally authorized to work in the country. By completing Form I-9, both the employer and the employee attest to the employee’s identity and eligibility to work in the U.S. This helps prevent unauthorized individuals from being employed and ensures that employers are in compliance with U.S. immigration laws. Additionally, the form serves as a record-keeping tool for employers to document their employees’ eligibility to work in the U.S. and must be retained for a specific period of time as mandated by law.

2. Who needs to complete a Form I-9?

All employees hired in the United States, regardless of their citizenship status, are required to complete Form I-9 to verify their identity and authorization to work in the country. This includes both citizens and non-citizens, as long as they are working within the United States. Employers are responsible for ensuring that Form I-9 is completed for each employee hired, and the form must be completed within three days of the employee’s hire date. Failure to properly complete and retain Form I-9 can result in significant fines and penalties for employers. It is crucial for employers to understand and comply with the requirements of Form I-9 to avoid legal issues and ensure a lawful workforce.

3. When should the Form I-9 be completed for a new hire in Nebraska?

In Nebraska, the Form I-9 should be completed for a new hire at three specific times:

1. Before the employee’s first day of work: The employer must ensure that the Form I-9 is completed and signed by both the new hire and the employer before the employee starts working. This is to verify the employee’s identity and employment authorization.

2. Within the first three business days of employment: Federal law requires that the Form I-9 be completed within the employee’s first three days of starting work. This includes filling out Section 1 of the form and presenting acceptable documents to establish identity and work authorization to the employer.

3. In-person verification of documents: For remote hires, the employer must still inspect the employee’s original documents in person within the first three days of employment. In certain circumstances, employers may designate an authorized representative to review documents in person on their behalf.

It is crucial for employers in Nebraska to adhere to these timelines to remain in compliance with federal regulations and avoid potential penalties for non-compliance with Form I-9 requirements.

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

On the Form I-9, there are several types of documents that are acceptable for verifying both identity and employment authorization. 1. For establishing identity, employees can present documents such as a U.S. passport, Permanent Resident Card/Green Card, foreign passport with an I-551 stamp, or an employment authorization document issued by the Department of Homeland Security. 2. To establish both identity and employment authorization, commonly accepted documents include a U.S. passport card, passport from certain countries with specific conditions, Permanent Resident Card, Employment Authorization Document, or a foreign passport with a Form I-94 containing an endorsement of nonimmigrant status. 3. For certain noncitizen nationals, other documents like a Form I-94 or I-94A with an unexpired foreign passport, employment authorization document with a photograph. Employers must ensure that the documents presented by employees are unexpired and listed on the Form I-9 Acceptable Documents List provided by the U.S. Citizenship and Immigration Services. 4. It is important for employers to carefully review and record the information from these documents to establish the employee’s eligibility to work in the United States.

5. Can an employer require specific documents from an employee for the Form I-9?

Yes, an employer can require specific documents from an employee for the Form I-9. When completing Form I-9, employees are required to present specific documents to establish their identity and work authorization. Employers are allowed to specify which documents they will accept from the list of acceptable documents provided by the U.S. Citizenship and Immigration Services (USCIS). However, it is important for employers to ensure that they do not request more or different documents than what is required by law, as this could lead to discrimination or noncompliance with the I-9 process. Employers should familiarize themselves with the List of Acceptable Documents provided by USCIS and apply the same requirements to all employees to avoid any potential issues.

6. What is the role of the employer in completing Section 1 of the Form I-9?

The role of the employer in completing Section 1 of the Form I-9 is to provide the employee with the form and ensure that it is completed accurately and in a timely manner. The employer should review the information provided by the employee to ensure it is complete and make sure that all required fields are filled out correctly. The employer is responsible for ensuring that the employee has provided acceptable documentation to establish their identity and work authorization. The employer must also certify that they have examined the documents presented by the employee and that they appear to be genuine and relate to the individual presenting them. Additionally, the employer must sign and date Section 1 of the Form I-9 no later than the employee’s first day of employment. Failure to properly complete Section 1 of the Form I-9 can result in fines and penalties for the employer.

7. What is the deadline for completing Section 2 of the Form I-9 in Nebraska?

In Nebraska, the deadline for completing Section 2 of the Form I-9 is normally within three business days of the employee’s first day of employment. This means that employers in Nebraska must ensure that Section 2 is completed, signed, and dated by the employer or authorized representative, and all required documents are physically examined and verified within this timeframe. The completion of Section 2 is crucial in verifying the identity and work authorization of the newly hired employee, as well as remaining compliant with federal law. Employers should be diligent in meeting this deadline to avoid potential penalties for non-compliance.

8. Can an employer accept a social security card as a stand-alone document for the Form I-9?

No, an employer cannot accept a Social Security card as a stand-alone document for the Form I-9. The Form I-9 requires that employees present documentation to establish both identity and employment authorization. A Social Security card only establishes the individual’s Social Security number and does not establish work authorization. Therefore, the employer must verify both identity and employment authorization by reviewing the acceptable documents listed on the Form I-9 Lists of Acceptable Documents. The Social Security card may be used in combination with other documents from the list to complete the I-9 verification process, but it cannot be accepted alone. It is important for employers to carefully follow the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) to ensure compliance with immigration laws and regulations.

9. What are the consequences of not properly completing or retaining Form I-9 records in Nebraska?

In Nebraska, failing to properly complete or retain Form I-9 records can result in significant consequences for employers. Some of the key repercussions include:

1. Fines and Penalties: Employers who do not properly complete or retain Form I-9 records may face fines and penalties imposed by U.S. Immigration and Customs Enforcement (ICE). These fines can range from hundreds to thousands of dollars per violation, depending on the severity of the violation.

2. Legal Liabilities: In addition to fines, employers may also face legal liabilities if they are found to be non-compliant with Form I-9 requirements. This can result in costly litigation and potential damage to the company’s reputation.

3. Loss of Workforce: If ICE conducts an audit or investigation and finds that an employer has not properly completed or retained Form I-9 records, they may be required to terminate employees who are unable to provide the necessary documentation. This can lead to a loss of skilled workforce and disrupt business operations.

4. Debarment from Federal Contracts: Employers who are found to be in violation of Form I-9 requirements may be debarred from participating in federal contracts, which can have a significant impact on their ability to secure future government contracts.

Overall, it is crucial for employers in Nebraska to diligently adhere to Form I-9 requirements to avoid these serious consequences and ensure compliance with federal immigration laws. Regular training and audits can help mitigate the risks associated with improper completion or retention of Form I-9 records.

10. Can an employer use electronic systems to complete and store Form I-9 records?

Yes, employers can use electronic systems to complete and store Form I-9 records as long as certain conditions are met to ensure compliance with the requirements set by the U.S. Citizenship and Immigration Services (USCIS).

1. The electronic system must be capable of producing hard copies of the completed Form I-9 upon request.
2. The system must provide safeguards to prevent unauthorized access and detect any alterations to the form.
3. Employers must have policies and procedures in place to ensure the integrity, accuracy, and reliability of the electronic system used.
4. The electronic storage system must be able to maintain the records for the required retention period, which is either three years after the date of hire or one year after the date of termination, whichever is later.
5. Employers must have a proper connection between the electronic system, the employer, and the employees completing the Form I-9 to ensure compliance with verification requirements.

Overall, if the electronic system meets these requirements and the employer is diligent in maintaining compliance with Form I-9 regulations, they can use electronic systems to complete and store Form I-9 records.

11. Are remote hires in Nebraska subject to the same Form I-9 requirements as in-person hires?

Yes, remote hires in Nebraska are subject to the same Form I-9 requirements as in-person hires. When hiring remote employees, employers must still complete Form I-9 to verify the identity and employment authorization of the new hires. The verification process involves examining the employee’s original identity and work authorization documents via video call or in person within three business days of their start date. Employers must ensure that the remote employee completes Section 1 of Form I-9 and securely transmits copies of their supporting documents for review. Remote hires must also attest to their employment eligibility and present acceptable documents for verification, just like in-person hires. Failure to comply with Form I-9 requirements for remote employees can result in penalties and fines for the employer.

12. Can an employer reverify an employee’s employment authorization on the Form I-9?

Yes, an employer can reverify an employee’s employment authorization on the Form I-9 under certain circumstances. Employers must reverify an employee’s work authorization when their employment authorization document (EAD) or other documentation used to complete the Form I-9 expires. The employer must reverify the employee no later than the expiration date of the documentation provided, or by the end of the third-year after the date employment began, whichever date is later.
There are important steps to take when re-verifying an employee’s employment authorization:
1. Provide the employee with a timely notice before their current work authorization expires.
2. Review the employee’s new documentation to ensure it is valid and corresponds with the employee’s information on the Form I-9.
3. Complete Section 3 of Form I-9 for reverification.
4. Maintain accurate records of the reverification process in case of future audits.

Overall, employers must stay on top of their employees’ work authorizations to ensure compliance with immigration law and avoid potential penalties.

13. How long should Form I-9 records be retained by an employer in Nebraska?

In Nebraska, employers are required to retain Form I-9 records for a period of three years after the date of hire or one year after the employment relationship ends, whichever is later. It is important for employers to keep these records for the specified timeframe to comply with federal regulations and to be prepared for any potential audits by the U.S. Immigration and Customs Enforcement (ICE). Keeping accurate and up-to-date Form I-9 records demonstrates an employer’s commitment to verifying the employment eligibility of their workforce and helps protect against potential fines or penalties for non-compliance. It is essential for employers in Nebraska to maintain these records in a secure and easily accessible manner to ensure compliance with the law.

14. What are the rules regarding the reverification of work authorization for employees with temporary status in Nebraska?

In Nebraska, employees with temporary work authorization must have their work eligibility reverified in accordance with the regulations outlined in the I-9 Employment Eligibility Verification process. The rules state that employers must reverify an employee’s employment authorization on Form I-9 if the authorization has an expiration date. Here are some key points regarding the reverification of work authorization for employees with temporary status in Nebraska:

• Employers must ensure that they reverify an employee’s work authorization on or before the expiration date listed on the employee’s employment authorization document.
• The reverification process involves completing Section 3 of the employee’s original Form I-9 with the updated information from the new work authorization document.
• Employers should not reverify U.S. citizens or noncitizen nationals, lawful permanent residents, or refugees, as their work authorization does not expire.

Overall, the rules regarding the reverification of work authorization for employees with temporary status in Nebraska are essential to ensure compliance with federal regulations and maintain a workforce that is authorized to work in the United States. It is crucial for employers to stay informed about these rules and follow them diligently to avoid potential penalties or legal issues related to employment eligibility verification.

15. Can an employer terminate an employee who fails to provide the required Form I-9 documentation?

Yes, an employer can terminate an employee who fails to provide the required Form I-9 documentation. However, before terminating the employee, it is essential for the employer to ensure that the termination decision complies with federal law. Here are some key points to consider in this situation:

1. Employers are required by law to verify the identity and employment authorization of all employees hired in the United States by completing Form I-9.

2. If an employee fails to provide the necessary Form I-9 documentation within the specified timeframe (usually within three business days of the date of hire), the employer may be at risk of violating immigration laws and facing potential penalties for noncompliance.

3. It is crucial for employers to follow the correct procedures outlined by the U.S. Citizenship and Immigration Services (USCIS) when dealing with employees who fail to provide Form I-9 documentation, including giving the employee a reasonable opportunity to present the required documents.

4. If an employer has made good faith efforts to obtain the necessary documentation from the employee and the employee still fails to comply, termination may be a last resort option.

5. Before making any decisions regarding termination, employers should seek legal advice to ensure compliance with federal regulations and avoid potential discrimination claims or legal repercussions.

16. What are the best practices for conducting internal audits of Form I-9 records in Nebraska?

1. When conducting internal audits of Form I-9 records in Nebraska, it is crucial to first ensure that all current employees have a completed Form I-9 on file. This involves reviewing each form for accuracy and completeness, including proper documentation of identity and employment authorization.

2. It is important to establish a standardized process for conducting the audit, including assigning specific individuals or teams responsible for reviewing the forms and addressing any discrepancies or issues that may arise.

3. Training staff members involved in the audit process on proper Form I-9 completion guidelines and requirements is essential to ensure consistency and accuracy.

4. Utilizing software or electronic systems specifically designed for Form I-9 management can streamline the audit process and help identify any missing or incomplete forms.

5. Documenting the audit process, findings, and any corrective actions taken is key to maintaining compliance and demonstrating due diligence in the event of an inspection by U.S. Immigration and Customs Enforcement (ICE).

6. Regularly scheduled internal audits, at least annually, can help proactively identify and address any issues with Form I-9 compliance before they become larger problems.

17. Can an employer face penalties for discriminatory practices related to the Form I-9 process in Nebraska?

Yes, an employer can face penalties for discriminatory practices related to the Form I-9 process in Nebraska or any other state. Discriminatory practices can include selectively verifying the employment eligibility of certain employees based on their national origin or citizenship status, refusing to hire or continuing to employ individuals based on discriminatory reasons, or improperly requesting specific documents during the verification process. These actions can violate the anti-discrimination provisions of the Immigration Reform and Control Act of 1986 (IRCA). Penalties for violations related to the Form I-9 process can range from civil fines to criminal penalties, depending on the severity and frequency of the violations. It is crucial for employers to ensure that their I-9 verification process is conducted in a non-discriminatory manner and in compliance with federal immigration laws to avoid facing penalties.

18. Can an employer request specific documents from an employee for the Form I-9 based on their appearance or accent?

No, an employer cannot request specific documents from an employee for the Form I-9 based on their appearance or accent. The Immigration and Nationality Act (INA) prohibits discrimination against employees based on their national origin, citizenship status, or immigration status. Employers must allow employees to present any acceptable document or combination of documents listed on the Form I-9 that the employee chooses, as long as it reasonably appears to be genuine and relates to the individual. It is illegal for employers to request certain documents or treat employees differently based on their appearance, accent, or citizenship status. Doing so could constitute discrimination and result in legal consequences for the employer.

Additionally, it is crucial for employers to treat all employees equally and fairly in the employment eligibility verification process to avoid potential discrimination claims and penalties. Employers should follow the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) on accepting documentation for the Form I-9 and refrain from making decisions based on factors unrelated to the employee’s eligibility to work in the United States.

19. Are there any specific considerations for employers in the agricultural industry in Nebraska when completing Form I-9?

Yes, when completing Form I-9 for employees in the agricultural industry in Nebraska, there are several specific considerations that employers should keep in mind to ensure compliance with employment verification requirements:

1. Seasonal Nature of Work: Agriculture is often seasonal, with fluctuating labor needs throughout the year. Employers must ensure that they complete Form I-9 for each new hire, including seasonal workers brought on during peak periods.

2. Remote Locations: Agricultural employers in Nebraska may operate in remote areas with limited access to traditional verification resources. It’s important for employers to have clear procedures in place for completing Form I-9 correctly, even in remote locations.

3. Special Hires: Some agricultural workers may be exempt from certain Form I-9 requirements, such as temporary agricultural workers with H-2A visas. Employers should understand these exemptions and comply with all applicable regulations.

4. Language Barrier: Agricultural employers in Nebraska may hire workers who speak languages other than English. Employers should ensure that all employees understand the information on Form I-9 and provide translations or language assistance as needed.

5. Record-Keeping: Employers in the agricultural industry must maintain Form I-9 records for all employees, including seasonal and temporary workers, for the required retention period. It’s crucial to have robust record-keeping practices in place to ensure compliance with immigration laws.

By considering these specific factors, agricultural employers in Nebraska can effectively complete Form I-9 and meet their obligations under federal law.

20. How can Nebraska employers stay informed about changes or updates to Form I-9 requirements?

Nebraska employers can stay informed about changes or updates to Form I-9 requirements by regularly checking the official U.S. Citizenship and Immigration Services (USCIS) website for any announcements or updates related to Form I-9. Additionally, subscribing to USCIS email updates or newsletters can ensure that employers receive timely notifications about any changes to Form I-9 requirements. Attending training sessions or webinars conducted by USCIS or other reputable organizations focusing on immigration compliance can also provide valuable insights into any updates or modifications to Form I-9 requirements. Employers in Nebraska can also consult with immigration attorneys or HR professionals specializing in compliance to stay up-to-date on Form I-9 changes and ensure full compliance with federal regulations.