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

The purpose of the I-9 form is to verify the identity and employment eligibility of individuals hired for employment in the United States. This form is required by the Immigration Reform and Control Act of 1986 (IRCA) and must be completed by both employees and employers. The key objectives of the I-9 form include:

1. Confirming that the employee is authorized to work in the United States.
2. Establishing the identity of the employee by documenting their identity and employment authorization documents.
3. Preventing discrimination in the employment eligibility verification process.

By completing the I-9 form accurately and retaining the required documentation, employers can ensure compliance with federal immigration laws and maintain a legal workforce. Failure to properly complete and retain Form I-9 can result in severe penalties for employers, including fines and potential legal consequences.

2. Who is required to complete an I-9 form?

1. All employers in the United States are required to complete Form I-9, Employment Eligibility Verification, for every employee they hire. This form is used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers must ensure that this form is completed for all employees, regardless of their citizenship status, within three days of the employee’s hire date. Failure to properly complete and maintain Form I-9 can result in significant penalties for employers, including fines and possible criminal charges.

2. It is important for employers to understand that the requirement to complete Form I-9 applies to all employees, including both U.S. citizens and noncitizens. Employers must carefully review the documentation provided by employees to establish their identity and work authorization and properly fill out and retain Form I-9 for each employee. Additionally, employers are required to reverify the employment authorization of employees whose work authorization documents have expiration dates.

Ensuring compliance with Form I-9 requirements is crucial for employers to avoid legal issues and penalties related to unauthorized employment. Employers should stay informed about any updates or changes to Form I-9 requirements to maintain compliance with federal regulations.

3. What documents are acceptable for proving identity and employment eligibility on the I-9 form?

The documents acceptable for proving identity and employment eligibility on the I-9 form are categorized into three lists: List A, List B, and List C.

1. List A documents establish both identity and employment eligibility. These include a U.S. Passport, Permanent Resident Card, or foreign passport with an I-551 stamp.

2. List B documents establish only identity and include a state-issued driver’s license, U.S. Military ID, or school ID card with a photograph.

3. List C documents establish only employment eligibility and include a Social Security card, birth certificate, or a Native American tribal document.

Employers must review the List A document or one List B and one List C document for each employee completing the I-9 form to verify their identity and eligibility to work in the United States. It is important for employers to ensure that the documents presented by employees are genuine and unexpired.

4. Is the employer required to verify the authenticity of the documents presented by the employee?

Yes, as an expert in I-9 Employment Eligibility Verification, I can confirm that the employer is required to verify the authenticity of the documents presented by the employee during the I-9 verification process. This verification includes ensuring that the documents appear genuine and relate to the employee presenting them. Employers should examine the documents in the physical presence of the employee and review them to determine if they reasonably appear to be authentic and relate to the individual. However, it is essential to note that employers are not expected to be document experts and should not engage in document discrimination or request specific documents from employees. Verification of documents should focus on authenticity and identity verification rather than document type. Failure to properly verify the authenticity of documents can result in penalties for the employer under the Immigration and Nationality Act.

5. How long does an employer have to complete and retain an employee’s I-9 form?

An employer is required to complete and retain an employee’s I-9 form within three business days of the employee’s first day of work for pay. This means that the employer must have the form completed and on file by the end of the third business day after the employee’s start date. Failure to comply with this timeline can result in penalties and fines for the employer. It is crucial for employers to ensure timely completion and retention of I-9 forms to demonstrate compliance with immigration laws and regulations.

6. Can an employer specify which documents an employee must present for the I-9 verification process?

Yes, an employer can specify which documents an employee must present for the I-9 verification process as long as they adhere to the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS). Employers must provide employees with the official Lists of Acceptable Documents from which the employee can choose which documents they will present. The lists contain various combinations of documents that establish both identity and employment authorization. Employers cannot require specific documents from these lists and must accept any combination of documents that satisfies the requirements outlined in the I-9 form instructions. It is crucial for employers to treat all employees consistently and avoid discrimination when verifying employees’ work eligibility. Employers should also ensure they understand the requirements and obligations associated with the I-9 verification process to avoid potential violations and penalties.

7. What are the consequences of not properly completing or retaining I-9 forms?

1. The consequences of not properly completing or retaining I-9 forms can be significant for employers. Failure to accurately complete Section 2 of the form, which pertains to the review of employees’ identity and work authorization documents, can result in fines from the U.S. Immigration and Customs Enforcement (ICE) and potentially other government agencies. These fines can range from hundreds to thousands of dollars per violation, depending on the severity and frequency of the noncompliance.

2. Not retaining I-9 forms for the required period of time can also lead to penalties. Employers are required to retain completed I-9 forms for each employee for a certain period after their employment ends or a specific date, whichever is later. Failure to retain these forms can result in fines during an ICE audit or investigation. Additionally, if an employer is found to have knowingly hired or continued to employ unauthorized workers due to incomplete or missing I-9 forms, the penalties can be even more severe, including criminal charges.

3. Beyond financial penalties, noncompliance with I-9 requirements can also damage an employer’s reputation and lead to negative consequences for their business. This can include negative publicity, loss of business opportunities, and difficulties in recruitment and retention of employees. Ensuring proper completion and retention of I-9 forms is crucial for maintaining compliance with federal regulations and avoiding these potential consequences.

8. Are there any specific rules or requirements for completing I-9 forms in the state of Oklahoma?

Yes, there are specific rules and requirements for completing Form I-9 in the state of Oklahoma, as outlined by federal law. Here are some key points to keep in mind:

1. Timing: Employees must complete Section 1 of the Form I-9 on their first day of work, and employers must complete Section 2 within three business days of the employee’s start date.

2. Acceptable Documents: Both the employee and the employer must provide and review specific documents to establish the employee’s identity and eligibility to work in the United States. This includes options such as a U.S. passport, Permanent Resident Card, or Employment Authorization Document.

3. Remote Hire: If an employer hires remote employees in Oklahoma, special rules apply for verifying documents. Employers can use an authorized representative to review and verify the employee’s documents, or they can conduct a physical inspection over video conference.

4. Retention: Employers in Oklahoma must retain completed I-9 forms for each employee for the required period. This means keeping the forms for three years from the date of hire or one year after employment ends, whichever is later.

5. Compliance: Failure to properly complete and retain Form I-9 can result in fines and penalties for employers. It is essential that businesses in Oklahoma adhere to the federal guidelines to maintain compliance with the law.

Overall, it is crucial for employers in Oklahoma to understand and follow the specific rules and requirements set forth by federal law when completing Form I-9 for their employees. Keeping accurate and up-to-date records is essential to ensure legal compliance and avoid potential repercussions.

9. Can an employer use electronic I-9 forms and signatures?

Yes, employers can use electronic I-9 forms and signatures, as long as they comply with the requirements outlined by the U.S. Citizenship and Immigration Services (USCIS). Some key points to consider when using electronic I-9 forms and signatures are:

1. Employers must ensure the electronic system meets all the legal requirements outlined in the federal regulations for electronic signatures and storage.
2. The electronic system must provide a reliable means to capture the electronic signature.
3. The system must maintain an audit trail that records the date and time of each action taken on the form.
4. Employers must have policies and procedures in place regarding the electronic completion, signature, retention, and retrieval of I-9 forms.
5. It is important to regularly audit and monitor the electronic system to ensure compliance with USCIS requirements.
6. Employers must be prepared to present the electronic I-9 forms and related records for inspection during a Form I-9 audit or inspection by government authorities.
7. Electronic I-9 systems can offer efficiencies in completing, storing, and managing Form I-9s, but it is crucial to ensure that the system meets all legal requirements to avoid potential compliance issues.

Overall, employers can use electronic I-9 forms and signatures as long as they adhere to the specific guidelines and requirements set forth by USCIS to ensure compliance with immigration laws and regulations.

10. Can remote hires complete the I-9 form electronically or through video conferencing?

Yes, remote hires can complete the I-9 form electronically or through video conferencing, as long as certain requirements are met to ensure compliance with the law. Here are some essential points to consider:

1. Employers must use an electronic I-9 system that meets the regulatory requirements outlined by the U.S. Citizenship and Immigration Services (USCIS).

2. Remote hires must still present their identity and employment authorization documents within the required timeframe of three business days.

3. Employers must be able to inspect the original documents remotely via live video link, fax, or email.

4. The remote hire must use secure technology to transmit and store the completed I-9 form and document copies.

5. Employers should establish clear protocols and procedures for remote I-9 verification to ensure accuracy and compliance with the law.

Overall, electronic or video conferencing for remote hires can be a practical solution, but it’s crucial to ensure that all legal requirements are met to avoid potential penalties for non-compliance.

11. Can an employer reverify an employee’s employment eligibility status after the initial I-9 verification?

Yes, an employer can reverify an employee’s employment eligibility status after the initial I-9 verification under specific circumstances. Here are a few key points to consider:

1. Expiration of Employment Authorization: If an employee presents a document for Section 2 of Form I-9 that has an expiration date, the employer must reverify the employee’s employment eligibility on or before the document expires. This typically includes documents such as employment authorization cards (EADs) or certain work visas.

2. Rehire: If an employee is rehired within three years of the initial I-9 verification or if their work authorization has expired, the employer must complete a new I-9 form and may need to reverify the employee’s eligibility.

3. Government Notifies Employer: In some cases, the government may notify an employer that an employee’s work authorization has expired or is no longer valid. In such instances, the employer should reverify the employee’s employment eligibility.

4. Employer Policy: Employers may have internal policies that require periodic reverification of all employees, regardless of specific triggering events. However, these policies must be applied uniformly and should not target specific individuals based on discriminatory factors.

Overall, it is crucial for employers to follow the established guidelines and procedures outlined by the U.S. Citizenship and Immigration Services (USCIS) when re-verifying an employee’s employment eligibility status to remain compliant with immigration laws.

12. What is the process for correcting errors on an I-9 form?

To correct errors on an I-9 form, it is important to follow specific guidelines to ensure compliance with regulations. Here is the process for correcting errors on an I-9 form:

1. Line through the incorrect information on the form.
2. Write the correct information next to the incorrect entry.
3. Initial and date the correction.
4. If multiple errors are present, it is recommended to complete a new I-9 form and attach a written explanation detailing the corrections made.
5. Both the employee and employer should make any necessary corrections.
6. It is important to retain both the original form and the corrected form for your records.
7. Consult the USCIS Handbook for Employers (M-274) for detailed guidance on correcting errors on the I-9 form.

By following these steps, you can ensure that any errors on the I-9 form are corrected accurately and in compliance with regulations.

13. Are there any specific record-keeping requirements for I-9 forms in Oklahoma?

Yes, there are specific record-keeping requirements for I-9 forms in Oklahoma. Employers in Oklahoma, like in any other state, must retain each employee’s completed Form I-9 for a period of three years after the date of hire, or one year after the date employment is terminated, whichever is later. It is important for employers to keep all I-9 forms separate from regular employee personnel files to ensure compliance with privacy and security regulations. Additionally, these records should be made available for inspection by authorized government officials, such as those from the Department of Homeland Security, the Department of Labor, or the Department of Justice, within three business days of an inspection request. Failure to comply with I-9 record-keeping requirements may result in fines and penalties imposed by the government. Employers in Oklahoma must also ensure that all I-9 forms are completed accurately and in a timely manner to avoid potential violations.

14. Can an employer refuse to hire an individual who cannot provide specific documents for the I-9 verification?

1. Yes, an employer can refuse to hire an individual who cannot provide specific documents for the I-9 verification. This is because the Immigration Reform and Control Act of 1986 requires all employers in the United States to verify the identity and employment authorization of their employees by completing Form I-9.
2. When an individual cannot provide the necessary documents during the I-9 verification process, it may be viewed as a failure to establish work authorization, and the employer may determine that the individual is not eligible to be employed. It is important for employers to consistently apply their I-9 verification policies and procedures to ensure compliance with the law and avoid potential penalties for hiring unauthorized workers.
3. Employers should provide clear guidance to applicants and employees regarding the specific documents that are acceptable for I-9 verification purposes and offer reasonable accommodations when necessary. It is essential for employers to handle these situations with sensitivity and in accordance with anti-discrimination laws to avoid potential legal issues.

15. Are there any special considerations for verifying employment eligibility for workers with visas or work permits?

Yes, there are specific considerations employers should take into account when verifying the employment eligibility of workers with visas or work permits:

1. Types of visas and work permits: Employers must be familiar with the different types of visas and work permits that allow individuals to work in the United States. This may include H-1B visas for specialty occupation workers, L-1 visas for intracompany transferees, or employment authorization documents (EADs) for certain categories of individuals.

2. Document review: Employers should carefully review the documents presented by employees with visas or work permits to ensure they are valid and relate to the specific individual presenting them. It is crucial to confirm that the documents have not expired and that they pertain to the type of work the individual will be performing.

3. Record keeping: Employers must maintain copies of the documentation presented by employees with visas or work permits as part of their Form I-9 records. These records should be kept separate from personnel files and stored securely in case of audit by immigration authorities.

4. Visa restrictions: Employers should be aware of any restrictions or limitations associated with the employee’s visa or work permit, such as the specific employer the individual is authorized to work for or any conditions under which their employment eligibility may be affected.

5. Ongoing compliance: Employers hiring individuals with visas or work permits must stay updated on any changes in immigration laws or regulations that may impact the employment eligibility of these individuals. It is crucial to ensure ongoing compliance with all requirements to avoid potential penalties or legal issues.

Overall, employers must navigate the complexities of verifying employment eligibility for workers with visas or work permits carefully to ensure compliance with immigration laws and regulations.

16. What are the best practices for conducting an internal I-9 audit?

Conducting an internal I-9 audit is essential for ensuring compliance with employment eligibility verification regulations and avoiding potential penalties. Here are some best practices for conducting an internal I-9 audit:

1. Establish a written policy: Develop a comprehensive policy that outlines the audit process, responsibilities of staff members involved, and the timeframe for completion.

2. Educate staff: Provide training to staff members responsible for completing and managing I-9 forms to ensure they understand the requirements and how to properly complete the forms.

3. Select a sample: Determine the sample size for the audit based on best practices or legal guidance. Consider auditing all forms or a statistically significant sample to ensure accuracy.

4. Review for completeness and accuracy: Check each I-9 form for completeness, including ensuring all required fields are filled out and verifying that the information provided is accurate.

5. Verify documentation: Confirm that employees have provided acceptable forms of identification and work authorization documents as required by law.

6. Correct errors: If any errors are identified during the audit, work with employees to rectify them promptly and accurately. Note any corrections made on the forms and maintain documentation of the changes.

7. Document the audit process: Keep thorough records of the audit process, including the sample selected, findings, actions taken to correct errors, and any additional training provided to staff.

8. Retain records: Maintain all I-9 forms and audit documentation in a secure and organized manner for the required retention period, typically three years from the date of hire or one year after termination, whichever is later.

By following these best practices, organizations can ensure a thorough and compliant internal I-9 audit that helps mitigate risks and maintain compliance with employment eligibility verification requirements.

17. How does E-Verify relate to the I-9 verification process in Oklahoma?

E-Verify is an online system that allows employers to electronically verify the employment eligibility of their employees by comparing information from the employee’s Form I-9 with data from U.S. government records. In Oklahoma, the use of E-Verify is mandatory for all employers, both public and private, as part of the state’s immigration enforcement laws. By using E-Verify, employers in Oklahoma are able to ensure that the information provided by their employees on the Form I-9 is accurate and that they are authorized to work in the United States.

1. Employers in Oklahoma are required to verify the work eligibility of all new employees through both the Form I-9 process and the E-Verify system.
2. The E-Verify system complements the Form I-9 process by providing an additional layer of verification through electronic checks of government databases.
3. The combination of the Form I-9 and E-Verify helps ensure that employers in Oklahoma are in compliance with state and federal laws regarding employment eligibility verification.
4. Overall, E-Verify plays a crucial role in the I-9 verification process in Oklahoma by helping employers confirm the legal status of their employees and maintain a compliant workforce.

18. Can an employer face discrimination claims related to the I-9 verification process?

Yes, an employer can face discrimination claims related to the I-9 verification process. This can occur if an employer treats individuals differently based on their national origin or citizenship status during the verification process. Discrimination can take various forms, such as requesting specific documents from certain individuals based on their perceived national origin, refusing to hire an individual based on their citizenship status, or subjecting certain groups of employees to heightened scrutiny during the verification process. Employers must ensure that they apply the I-9 verification process uniformly to all employees to avoid potential discrimination claims. Additionally, it is important for employers to stay updated on the latest laws and regulations related to employment eligibility verification to mitigate the risk of discrimination claims.

19. Are there any upcoming changes or updates to the I-9 verification process that employers in Oklahoma should be aware of?

As of September 2019, the current version of the Form I-9, Employment Eligibility Verification, is dated 07/17/17 N. Employers in Oklahoma, along with all other U.S. states, are required to use this version of the form for verifying the employment eligibility of their employees. It’s essential for Oklahoma employers to ensure they are using the most up-to-date form to avoid any compliance issues. Additionally, employers should stay informed about any potential changes or updates to the I-9 verification process by regularly checking the official U.S. Citizenship and Immigration Services (USCIS) website or consulting with legal counsel to remain compliant with current regulations and requirements. It is recommended to provide periodic training to HR staff responsible for completing the I-9 forms to ensure they are aware of any changes in the verification process.

20. Where can employers in Oklahoma find additional resources or guidance on the I-9 verification process?

Employers in Oklahoma can find additional resources and guidance on the I-9 verification process from the U.S. Citizenship and Immigration Services (USCIS) website. The USCIS website provides detailed information and resources related to completing Form I-9, understanding acceptable documentation, and staying compliant with employment eligibility verification requirements. Additionally, employers can access the USCIS Handbook for Employers (M-274), which offers comprehensive guidance on I-9 verification procedures and best practices. Employers can also seek assistance from HR professionals, legal experts specializing in immigration law, or attend training sessions and webinars conducted by USCIS or other reputable organizations to enhance their understanding of the I-9 verification process. Furthermore, the Oklahoma state government’s labor department or employment agency may provide state-specific resources or guidance on I-9 verification requirements applicable within the state.