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. By completing this form, both the employer and employee attest to the employee’s identity and authorization to work in the country. This process ensures that individuals working in the U.S. are legally allowed to do so, helping employers maintain compliance with federal immigration laws. The specific objectives of the I-9 form include:

1. Ensuring that individuals are authorized to work in the U.S., thereby reducing the potential for unlawful employment.
2. Providing documentation to support an employer’s compliance with immigration laws during employment verification processes.
3. Establishing a record of employment eligibility verification for each employee, as required by law.
4. Safeguarding against discrimination by requiring that all employees provide the same documentation to establish their eligibility to work.

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

All U.S. employers are required to complete Form I-9, Employment Eligibility Verification, for every employee they hire, regardless of the size of the business or the number of employees. This form verifies the identity and employment authorization of individuals hired for employment in the United States. There are three key steps involved in completing Form I-9:

1. Employees must complete Section 1 of Form I-9, providing their personal information and attesting to their employment authorization.
2. Employers or their authorized representatives must review and verify the original documents provided by the employee to establish their identity and work authorization in Section 2 of Form I-9.
3. Employers must retain Form I-9 for each employee for a specified period after the end of employment or after the date of hire, whichever is later, and make them available for inspection by government officials as needed.

Failure to properly complete and retain Form I-9 can result in serious penalties for employers, including fines and potential legal consequences.

3. What documents are acceptable for verification of employment eligibility?

There are several documents that are acceptable for verifying employment eligibility on the I-9 form. These documents fall into three categories:

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

2. List B documents establish identity only, such as a state driver’s license, school ID card with a photograph, or voter registration card.

3. List C documents establish employment authorization only, such as a social security card, birth certificate, or certification of birth abroad issued by the State Department.

Employers must ensure that employees present original documents from the lists provided by the U.S. Citizenship and Immigration Services (USCIS) and complete the I-9 form within three business days of the employee’s hire date. It is important to carefully review the Lists of Acceptable Documents and follow the guidelines to maintain compliance with federal regulations.

4. What is the deadline for completing the I-9 form?

The deadline for completing the I-9 form is a multistep process that involves specific timelines for both the employer and the employee:

1. Section 1 of the I-9 form must be completed by the employee no later than the first day of employment, which is defined as the official start date for pay purposes.
2. Section 2 of the I-9 form must be completed by the employer within three business days of the employee’s hire date. This includes reviewing the original documents presented by the employee to establish their identity and work authorization.
3. If an employee is hired for fewer than three days, the I-9 form must still be completed within the first day of employment.
4. It is essential for both employers and employees to adhere to these deadlines to ensure compliance with federal law and avoid potential penalties for noncompliance.

5. What are the consequences of not properly completing and maintaining I-9 forms?

The consequences of not properly completing and maintaining I-9 forms can be severe for employers. Failure to comply with I-9 requirements can result in fines and penalties from the U.S. Immigration and Customs Enforcement (ICE) agency. These fines can range from hundreds to thousands of dollars per violation, depending on the severity of the violation and the number of I-9 forms incorrectly completed. In some cases, repeated violations can lead to criminal charges against the employer. Additionally, non-compliance could lead to reputational damage for the company, loss of business opportunities, and potential legal action from affected employees or government agencies. It is essential for employers to understand and adhere to the regulations surrounding I-9 forms to avoid these costly consequences.

6. Can an employer accept an expired document for I-9 verification?

No, an employer should not accept an expired document for I-9 verification. When completing Form I-9 for newly-hired employees, employers are required to verify the employee’s identity and employment eligibility by examining original documents that are unexpired. Acceptable documents include a combination of items such as a U.S. passport, Permanent Resident Card, or Employment Authorization Document, among others. Using expired documents may lead to non-compliance with federal regulations and potentially result in fines or penalties for the employer. It is important for employers to stay current with I-9 verification requirements and always ensure that the documents presented by employees are valid and unexpired.

7. Can an employer reverify an employee’s work authorization after the initial I-9 verification?

Yes, an employer can reverify an employee’s work authorization after the initial I-9 verification under certain circumstances. This typically occurs when an employee’s work authorization document has expired, requiring the employer to obtain updated and valid documentation to maintain compliance with the law. Employers must follow specific guidelines when reverifying an employee’s work authorization, including:

1. Reverification is only required for employees whose work authorization documents have an expiration date.
2. Employers must complete Section 3 of Form I-9 to reverify the employee’s work authorization no later than the expiration date of the current work authorization document.
3. Employees must present a document that shows continued work authorization, such as an unexpired Permanent Resident Card or Employment Authorization Document.
4. Employers should not reverify U.S. citizens or noncitizen nationals, even if their documents have expired.

It is essential for employers to stay informed about the latest regulations regarding reverification to ensure compliance with immigration laws and avoid potential penalties for non-compliance.

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

Yes, under the I-9 Employment Eligibility Verification process, employers are responsible for verifying the identity and employment authorization of their employees by examining certain documents specified on the Form I-9. While employers cannot require specific documents, they are required to allow employees to choose which documents to present from the lists of acceptable documents provided by the U.S. Citizenship and Immigration Services (USCIS). Employers must accept any valid combination of documents that meet the requirements outlined on the Form I-9. However, employers are not allowed to specify or request certain documents over others; they must treat all employees equally in this regard to avoid discrimination based on citizenship status or national origin.

It is important for employers to familiarize themselves with the list of acceptable documents and understand the requirements for completing the Form I-9 to ensure compliance with immigration laws and avoid potential violations. Providing guidance to employees on the types of documents that are acceptable can help streamline the verification process and ensure that all necessary information is accurately captured on the Form I-9.

9. Are remote employees exempt from the I-9 verification process?

Remote employees are not exempt from the I-9 verification process. The law requires all employees, including remote workers, to complete Form I-9 to verify their identity and eligibility to work in the United States. However, there are specific guidelines for verifying remote employees:

1. Remote verification: Employers can use authorized representatives to inspect documents and complete Form I-9 on their behalf for remote employees.
2. Timing: Remote employees must still complete Form I-9 within three business days of their hire date, even if they are not physically present at the employer’s location.
3. Documentation: Remote employees can provide their documents electronically for verification, and the employer or authorized representative must review and confirm the validity of the documents.
4. Retention: Employers must retain copies of the documents provided by remote employees and keep them with the Form I-9.

In summary, remote employees are not exempt from the I-9 verification process, but there are specific procedures to follow when verifying their employment eligibility due to their remote status.

10. Are there any specific requirements for I-9 verification in Utah compared to other states?

1. Utah follows the federal guidelines for I-9 Employment Eligibility Verification, outlined by the U.S. Citizenship and Immigration Services (USCIS). Therefore, the basic requirements and procedures for I-9 verification in Utah are consistent with other states across the country. This includes the obligation for employers to verify the identity and employment authorization of their employees by examining specified documents and completing the Form I-9 within three days of the employee’s start date.

2. However, some states may have additional regulations or requirements related to I-9 verification that could differentiate them from Utah. It is important for employers in Utah to stay informed about any state-specific laws or regulations that may impact their I-9 verification process. Employers are encouraged to consult with legal counsel or HR professionals to ensure compliance with both federal and state laws regarding employment eligibility verification.

11. Can an employer ask for additional documents beyond what is required for I-9 verification?

1. Yes, an employer can request additional documents beyond what is required for I-9 verification, but it is important to approach this cautiously to avoid potential discrimination issues.
2. Employers may request additional documentation if the documents presented by the employee during the I-9 verification process are unclear or insufficient to establish work authorization.
3. The additional documents should still pertain to the employee’s identity and work authorization status, and should not be used as a means to discriminate based on factors such as national origin or citizenship status.
4. Employers should ensure consistency in their requests for additional documents to avoid any perception of bias or discrimination.
5. It is advisable for employers to establish clear policies and procedures regarding the types of additional documents that may be requested and the process for verifying them.
6. Employers should also be aware of any specific state or local laws that may impact their ability to request additional documentation beyond what is required for I-9 verification.
7. Overall, while employers have the discretion to request additional documents, they should do so judiciously and in a non-discriminatory manner to comply with relevant laws and regulations.

12. Can an employer refuse to hire someone who cannot provide certain documents for I-9 verification?

Yes, an employer can refuse to hire someone who cannot provide certain documents for I-9 verification. The Immigration Reform and Control Act of 1986 requires all employers in the United States to verify the identity and employment eligibility of all employees hired after November 6, 1986, using the Form I-9 process. Employees must present acceptable documents that establish both identity and authorization to work in the U.S. If an individual is unable to provide the necessary documents, the employer has the right to refuse to hire them.

There are certain exceptions and considerations to keep in mind:

1. Employers must treat all job applicants equally and cannot request specific documents based on the individual’s national origin, citizenship status, or immigration status.
2. Employers should provide applicants who are unable to present required documents with a list of acceptable alternative documents, allowing them to choose which documents to provide.
3. If an individual cannot provide the required documentation due to an immigration status issue or a need for reasonable accommodation, the employer should engage in an interactive process to determine if there are any feasible alternatives for verification.
4. Employers should be cautious not to discriminate against potential employees based on their inability to provide specific documents, and they should follow all applicable laws and regulations regarding the Form I-9 process.

In conclusion, while employers have the right to refuse to hire someone who cannot provide the necessary documents for I-9 verification, they must do so in a non-discriminatory and legally compliant manner. It is essential for employers to understand and follow the guidelines set forth by the U.S. Citizenship and Immigration Services to ensure compliance with immigration laws and regulations.

13. How long should I-9 forms be retained by an employer?

Employers are required to retain completed I-9 forms for each active employee for as long as the individual is employed by the company. Additionally, after an employee’s termination, the employer must retain the I-9 form for either three years from the date of hire or one year after the employee’s termination, whichever is later. It is crucial for employers to keep these forms easily accessible for inspection by authorized government agencies such as the Department of Homeland Security, the Department of Labor, and the Department of Justice. Failure to properly retain I-9 forms can result in serious penalties, fines, and potential legal consequences for the employer.

14. Can an employer use electronic I-9 forms for verification purposes?

1. Yes, employers can use electronic I-9 forms for verification purposes, as long as they comply with the requirements outlined in the Department of Homeland Security (DHS) regulations regarding the electronic completion, signature, storage, and retrieval of Form I-9.
2. Employers must ensure that their electronic I-9 system meets certain criteria, including providing a secure and tamper-evident process, allowing for electronic signatures, maintaining audit trails, ensuring privacy safeguards, and being available for inspection by government officials.
3. Employers must also follow the guidelines outlined in the DHS Handbook for Employers, as well as any additional guidance provided by U.S. Citizenship and Immigration Services (USCIS) regarding electronic I-9 compliance.
4. It is important for employers to regularly review and update their electronic I-9 systems to ensure ongoing compliance with current regulations and requirements.
5. By using electronic I-9 forms, employers can streamline the verification process, reduce paperwork, improve accuracy, and maintain better record-keeping practices for their workforce.

15. Are there any specific training requirements for individuals responsible for completing I-9 forms?

Yes, there are specific training requirements for individuals responsible for completing Form I-9. Employers are required to ensure that the person completing the Form I-9 on their behalf is properly trained on how to accurately and timely complete the form. This training should cover the rules and regulations outlined in the Form I-9 instructions and the employer handbook for completing Form I-9.

1. The training should include guidance on how to properly examine the documents presented by employees to establish their identity and work authorization.

2. Employers should also train their staff on how to properly complete each section of the Form I-9, including ensuring all required fields are filled out correctly and within the designated timeframes.

3. It is essential that individuals responsible for completing Form I-9 are aware of the potential penalties for non-compliance with the regulations, emphasizing the importance of accuracy and thoroughness in the process.

Employers can provide this training through internal resources, online training programs, or by consulting with experts in I-9 compliance to ensure that their staff understands the requirements and can properly complete Form I-9.

16. Can an employer face penalties for errors in completing I-9 forms?

Yes, an employer can face penalties for errors in completing I-9 forms. The U.S. Immigration and Customs Enforcement (ICE) enforces compliance with Form I-9 requirements and can impose fines and penalties on employers for violations. Penalties for errors in completing I-9 forms may include fines for paperwork violations, compliance failures, and knowingly hiring unauthorized workers.

1. Employers can be fined for each incorrect or missing I-9 form.
2. Penalties may vary based on the severity of the violation and the employer’s history of compliance.
3. Repeat violations can result in higher fines and potential criminal charges.
4. Employers may also face penalties if they are found to have knowingly hired unauthorized workers or engaged in document fraud.

It is crucial for employers to ensure that they are accurately completing and retaining I-9 forms for all employees to avoid potential penalties and legal implications. Regular training, internal audits, and compliance procedures can help mitigate the risk of errors in completing these forms.

17. Are there any exemptions for certain categories of employees from the I-9 verification process?

Yes, there are certain categories of employees who are exempt from the I-9 verification process. These exemptions are outlined in the Immigration and Nationality Act and include:

1. Employees hired before November 6, 1986, who are still in continuous employment with the same employer.
2. For casual domestic workers in a private household who work on an intermittent or irregular basis.
3. Independent contractors or individuals providing labor to your company who are truly in business for themselves and are not employees.
4. Certain individuals who fall under the Common Law Employee exemption criteria.
5. Employees hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) who are citizens of the CNMI; however, these employees should complete Form I-9 CNMI, rather than the regular Form I-9.

It is important for employers to be aware of these exemptions and ensure they are correctly applying them to avoid unnecessary compliance issues.

18. Can an employer delegate the responsibility of completing I-9 forms to a third party?

Yes, in some cases, an employer can delegate the responsibility of completing I-9 forms to a third party, such as an authorized representative. However, there are specific guidelines that the employer must follow when choosing to delegate this responsibility:

1. The employer is still ultimately responsible for ensuring that the I-9 form is completed correctly and in a timely manner, even if a third party is involved.
2. The third party must be authorized to act on behalf of the employer in this capacity and must understand the requirements of the Form I-9 process.
3. The employer should provide clear instructions and training to the third party regarding how to properly complete the I-9 form and verify the employee’s identity and work authorization.
4. It is important for the employer to maintain oversight and review the completed I-9 forms to ensure compliance with immigration laws and regulations.

Overall, while an employer can delegate the responsibility of completing I-9 forms to a third party, they should do so carefully and ensure that all guidelines and requirements are being met to avoid any potential compliance issues.

19. Are there any best practices for ensuring compliance with I-9 verification requirements in Utah?

Yes, there are several best practices for ensuring compliance with I-9 verification requirements in Utah.

1. Training: Provide regular training for HR staff who are responsible for completing Form I-9 to ensure they are aware of the latest regulations and requirements related to employment eligibility verification.

2. Documentation: Maintain a consistent and organized system for storing Form I-9 and related documents to ensure easy access and retrieval in case of an audit.

3. Self-Audits: Conduct periodic self-audits of your I-9 records to identify and address any errors or omissions before they are found in a government audit.

4. Consistency: Ensure that all new hires are treated consistently in the I-9 verification process to avoid any potential claims of discrimination.

5. Retention: Adhere to the required retention period for retaining Form I-9 and related documents, which is generally three years from the date of hire or one year after the employee’s termination, whichever is later.

By implementing these best practices, employers in Utah can help ensure compliance with I-9 verification requirements and mitigate the risk of penalties for non-compliance.

20. How can employers stay updated on changes to I-9 verification requirements at the federal and state levels?

Employers can stay updated on changes to I-9 verification requirements at the federal and state levels through the following methods:

1. Subscribe to official government sources such as the U.S. Citizenship and Immigration Services (USCIS) website for updates on any changes to Form I-9 and related regulations.

2. Attend training sessions, webinars, and conferences hosted by immigration law firms, industry associations, or government agencies to stay informed about the latest developments in I-9 compliance.

3. Utilize resources provided by human resources compliance companies or software solutions that offer alerts and updates on changes to employment verification requirements.

4. Establish a system for regular internal audits of I-9 forms to ensure compliance with current regulations and identify any areas that may need updating based on new requirements.

5. Consult with legal counsel specializing in immigration law to receive guidance on navigating complex changes to I-9 verification requirements at both the federal and state levels.