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

The purpose of the I-9 form is to verify the identity and employment authorization of individuals hired for employment in the United States. The form ensures that employers are hiring individuals who are legally eligible to work in the country, helping to prevent undocumented workers from being hired. By completing the I-9 form, employers establish that they have examined the necessary documents to confirm an individual’s identity and eligibility to work, such as a driver’s license and social security card. This process helps to maintain compliance with federal immigration laws and regulations to ensure a legal workforce.

2. Who is required to complete the I-9 form in Virginia?

In Virginia, all employers are required to complete Form I-9 for newly hired employees to verify their identity and employment eligibility. This applies to employers of all sizes and in all industries, whether they are private businesses, non-profit organizations, government agencies, or household employers. Specifically:

1. Employers must ensure that Form I-9 is completed for every employee hired after November 6, 1986.
2. Employers in Virginia should keep the completed Form I-9 on file for each employee for the required retention period, which is either three years after the date of hire or one year after the date employment ends, whichever is later.

Failure to comply with Form I-9 requirements can result in serious penalties for employers, including fines and potential legal consequences. Therefore, it is crucial for all employers in Virginia to understand and adhere to the regulations surrounding Form I-9 completion to avoid any potential repercussions.

3. What are the acceptable forms of identification for completing the I-9 form?

The acceptable forms of identification for completing the I-9 form are categorized into List A documents, List B documents, and List C documents. These documents serve to establish both identity and work authorization for the individual.

1. List A documents include items such as a U.S. Passport or Passport Card, Permanent Resident Card (Green Card), foreign passport with temporary I-551 stamp, Employment Authorization Document (EAD), or a passport from the Federated States of Micronesia or a Republic of the Marshall Islands with Form I-94 or I-94A. These documents establish both identity and work authorization.

2. List B documents establish identity and may include a state driver’s license, ID card issued by a federal, state, or local government agency, school ID card with a photograph, voter registration card, or U.S. military card or draft record. Along with a List C document, these are used in combination to establish work authorization.

3. List C documents establish work authorization and may include a Social Security card, birth certificate issued by the government, certification of birth abroad issued by the Department of State (Form FS-545 or Form DS-1350), original or certified copy of a birth certificate, or a Native American tribal document.

Employers must ensure that employees provide original versions of the documents, not photocopies, and that the documents presented appear to be genuine and relate to the individual presenting them.

4. Is it mandatory to retain copies of the identification documents presented during the I-9 process?

1. Yes, it is mandatory to retain copies of the identification documents presented during the I-9 process. Employers are required by law to keep copies of these documents for each employee for a specified period of time. Retaining copies of the identification documents helps establish that the employer has complied with the requirements of the Form I-9 process and has verified the eligibility of their employees to work in the United States.

2. The retention period for these documents varies depending on the situation:
1. For current employees, employers must keep copies of the identification documents for as long as the individual works for the company. Once the employment relationship ends, employers must retain these documents for either three years after the date of hire or one year after the date employment ended, whichever is later.
2. For former employees, employers must retain copies of the identification documents for three years after the date of hire or one year after the date employment ended, whichever is later.

3. It is crucial for employers to maintain accurate and up-to-date records of the I-9 documentation in case of an audit by the U.S. Immigration and Customs Enforcement (ICE) or the Department of Labor. Failure to retain copies of the identification documents can result in fines and penalties for non-compliance with Form I-9 requirements. Therefore, it is essential for employers to establish and follow proper document retention policies to ensure compliance with immigration laws and regulations.

5. How soon must an employee complete Section 1 of the I-9 form?

Employees must complete Section 1 of the I-9 form no later than the first day of employment. It is important for employers to ensure that new hires fill out this section in a timely manner to comply with federal regulations. Section 1 includes personal information such as the employee’s full legal name, address, date of birth, and attestation of their employment authorization. This section also requires the employee to provide their social security number, if applicable, and indicate their citizenship or immigration status. Failure to complete this section within the required timeframe may result in penalties for the employer. To avoid any compliance issues, employers should make it a priority to have employees complete Section 1 of the I-9 form on or before their first day of work.

6. What are the potential penalties for non-compliance with I-9 requirements in Virginia?

In Virginia, the potential penalties for non-compliance with I-9 requirements can be severe and may include:

1. Civil penalties: Employers who fail to comply with I-9 requirements may face civil penalties ranging from $224 to $2,236 per violation for paperwork violations, and fines from $559 to $22,363 per violation for knowingly hiring or continuing to employ unauthorized workers.

2. Criminal penalties: In cases of deliberate and repeated non-compliance or engaging in more serious violations, criminal penalties may be imposed. This can include fines and even imprisonment for individuals responsible for the violations.

3. In addition to fines and penalties, non-compliance can also result in reputational damage to the employer, loss of business opportunities, and potential loss of workforce due to audits, investigations, or enforcement actions by U.S. Immigration and Customs Enforcement (ICE).

It is crucial for employers in Virginia to ensure strict compliance with I-9 requirements to avoid these potential penalties and consequences. Employers should regularly review their I-9 processes, provide training to staff responsible for completing and maintaining I-9 forms, and seek legal guidance if they are unsure about any aspects of the employment eligibility verification process.

7. Can an employer pre-fill any part of the I-9 form before the employee completes their sections?

Employers are not allowed to pre-fill any part of Section 1 of the I-9 form before the employee completes their sections. Section 1 must be completed by the employee themselves, including their full legal name, their citizenship or immigration status, as well as their signature and date. Any attempt by the employer to pre-fill Section 1 may result in a violation of the I-9 requirements. However, the employer can pre-fill certain sections of the form once the employee has completed their portion. This includes Section 2, where the employer examines and verifies the employee’s eligibility documents. Additionally, the employer can pre-fill Section 3 if needed for reverification of employment authorization. It is crucial for employers to adhere to the specific guidelines outlined by the U.S. Citizenship and Immigration Services (USCIS) to ensure compliance with the I-9 process.

8. How should an employer handle corrections on the I-9 form?

Employers are able to correct errors on the I-9 form under specific guidelines provided by the U.S. Citizenship and Immigration Services (USCIS). Here is how an employer should handle corrections on the I-9 form:

1. Do not alter existing information: Employers should never alter or conceal information that was originally recorded on the I-9 form. This may lead to potential fines and penalties for non-compliance.

2. Draw a single line through the incorrect information: If an error is made on the form, the employer should draw a single line through the incorrect information while still ensuring that the original entry is legible.

3. Enter the correct information nearby: The employer should then enter the correct information close to the error and include the current date next to the correction.

4. Initial and date the correction: Both the employer and the employee should initial and date the correction, indicating that both parties have acknowledged and agreed to the change.

5. Document the reason for the correction: It is advisable for the employer to also document the reason for the correction in case of any audits or inquiries in the future.

By following these correction procedures, employers can ensure compliance with I-9 regulations and maintain accurate records of their employees’ eligibility for employment.

9. Can an employer accept a Social Security card that has “Not Valid for Employment” on it for I-9 purposes?

No, an employer cannot accept a Social Security card that has “Not Valid for Employment” on it for I-9 purposes. The purpose of the I-9 Employment Eligibility Verification process is to verify the employee’s identity and authorization to work in the United States. A Social Security card that is marked as “Not Valid for Employment” typically indicates that the card is not valid for employment verification purposes. Therefore, it does not meet the requirements for verifying employment eligibility on Form I-9.

Acceptable documents for the I-9 process are outlined on the Form I-9 itself and include a variety of options such as a U.S. passport, Permanent Resident Card, or Employment Authorization Document (EAD), among others. It is important for employers to carefully review and follow the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) to ensure compliance with immigration laws and regulations.

10. What is the deadline for the employer to complete Section 2 of the I-9 form?

The deadline for an employer to complete Section 2 of the I-9 form is within three business days of the employee’s first day of employment. This means that the employer must physically examine the original documents presented by the employee to establish their identity and employment eligibility within this timeframe. Failure to complete Section 2 within the three business day deadline can result in potential fines for the employer and compliance issues with U.S. immigration regulations. It is crucial for employers to adhere to this deadline to ensure that they are in compliance with the law and properly verifying their employees’ eligibility to work in the United States.

11. Can an employer terminate an employee for not providing the required I-9 documentation?

Yes, an employer can terminate an employee for not providing the required I-9 documentation, as it is a violation of federal law for an employer to continue employing an individual who fails to present the necessary documentation for Form I-9 verification. Employers are legally obligated to ensure that all employees complete Form I-9, Employment Eligibility Verification, within three days of starting work. Failure to do so can result in serious legal consequences for the employer, including fines and penalties. If an employee does not provide the required documentation despite repeated requests, the employer may have no choice but to terminate their employment to remain compliant with the law and protect their business from potential legal liabilities. Terminating an employee for this reason should be done following established company policies and in accordance with applicable employment laws to avoid the risk of wrongful termination claims.

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

Yes, remote hires are subject to the same 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 their new hires. However, there are some key considerations to keep in mind when completing the I-9 process for remote employees:

1. Remote hires can choose to complete Section 1 of Form I-9 electronically before their first day of work, but the employer must physically inspect the employee’s original identity and employment authorization documents within three business days of the start of employment.
2. Employers can utilize authorized representatives to physically inspect the documents on their behalf, but the remote hire must still complete Section 1 themselves and the authorized representative must complete Section 2.
3. Employers should ensure that remote employees provide acceptable documents for verification and that they are consistent with the Lists of Acceptable Documents provided by USCIS.
4. Remote hires must submit their documents via mail, fax, or electronic means for verification by the employer.
5. Employers must keep copies of the documents provided by remote employees for their I-9 records, whether in physical or electronic format.

In summary, while remote hires are subject to the same I-9 requirements as in-person hires, there are specific considerations and procedures that employers must follow to verify the employment eligibility of remote employees in compliance with the law.

13. Can an employer use electronic signatures on the I-9 form in Virginia?

Yes, employers in Virginia can use electronic signatures on the I-9 form. However, there are specific requirements that must be met for electronic signatures to be considered valid:

1. The electronic signature must comply with the requirements of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and any applicable state laws.
2. The employer must use an electronic signature process that ensures the identity of the individual signing the document.
3. The electronic signature process must be secure and tamper-evident to prevent unauthorized alterations to the form.
4. Employers must retain the I-9 forms with electronic signatures in compliance with recordkeeping requirements.

It is important for employers to ensure that their electronic signature process meets all legal requirements to avoid any potential issues with the verification process.

14. What is the process for reverifying employment authorization for employees with temporary work authorization documents?

The process for reverifying employment authorization for employees with temporary work authorization documents is a critical aspect of I-9 compliance. Here is a detailed outline of the steps involved:

1. Timing: It is essential to reverify employment authorization before the current document expires. A timely reverification helps maintain the employee’s eligibility to work in the United States.

2. Notification: It is recommended to notify the employee in advance that their work authorization document will soon expire and that they will need to provide a new document for reverification.

3. Employee Submission: The employee must present a valid and unexpired document that shows continued authorization to work in the U.S. This can include documents like an updated Employment Authorization Document (EAD) or a renewed visa.

4. Completing Section 3 of Form I-9: The employer should complete Section 3 of the employee’s original Form I-9, indicating the document title, number, and expiration date of the new work authorization document.

5. Document Examination: As with the initial verification process, the employer must examine the new work authorization document to ensure it appears genuine and relates to the employee.

6. Record Keeping: The employer should retain the new document copy with the original Form I-9 and note the date of the reverification in Section 3 of the form.

7. E-Verify: If the employer is enrolled in the E-Verify program, they must also update the employee’s record in the system to reflect the new work authorization information.

By following these steps diligently, employers can maintain compliance with I-9 regulations and ensure that their employees continue to have proper authorization to work in the U.S.

15. Are employers required to retain I-9 forms for former employees in Virginia?

Yes, employers are required to retain I-9 forms for former employees in Virginia. The U.S. Citizenship and Immigration Services (USCIS) requires employers to retain these forms for a specific period of time, even after the employee has left the company. The required retention period is either three years after the date of hire or one year after the termination of employment, whichever is later. It is essential for employers in Virginia to ensure that they maintain these records in case of an audit by government authorities to verify compliance with employment eligibility verification regulations. Failure to retain I-9 forms for former employees can result in penalties and fines for non-compliance.

16. How should an employer store I-9 forms to ensure compliance with retention requirements?

Employers should store I-9 forms in a secure and confidential manner to ensure compliance with retention requirements. Some best practices for storing I-9 forms include:

1. Physical Storage: Keep paper I-9 forms in a locked file cabinet or secure storage room to prevent unauthorized access.
2. Electronic Storage: Use a secure electronic system to store and manage I-9 forms, ensuring they are encrypted and password protected.
3. Separate Files: Maintain separate files for current employees and terminated employees, as retention periods differ for each category.
4. Retention Schedule: Follow the retention requirements set by the U.S. Citizenship and Immigration Services (USCIS), which mandates that I-9 forms must be retained for a specific period after the employee’s termination date or three years after the date of hire, whichever is later.
5. Destruction: Properly dispose of I-9 forms once the retention period has expired by shredding or securely deleting electronic copies to protect employee information.

By implementing these storage practices, employers can ensure compliance with I-9 retention requirements and protect sensitive employee information from unauthorized access or disclosure.

17. What steps should an employer take to correct errors on completed I-9 forms?

To correct errors on completed I-9 forms, an employer should follow these steps:

1. Identify the error: Employers should carefully review the completed I-9 form to identify the specific error that needs to be corrected, whether it be a missing signature, incorrect dates, or incomplete information.

2. Complete the corrections: Employers should make the necessary corrections directly on the form, ensuring that the changes are clearly visible without altering the original information provided by the employee.

3. Initial and date the corrections: Any changes made to the I-9 form should be initialed and dated by the employer to indicate when the corrections were made and by whom.

4. Provide a written explanation: If the error is significant or the correction is not clearly evident, the employer may provide a written explanation on a separate sheet of paper attached to the original form.

5. Retain documentation: Employers should retain the original I-9 form with the corrections alongside any supporting documentation that may have been used to make the changes.

6. Consult legal counsel if necessary: In cases where the errors are complex or could have legal implications, it is advisable for employers to seek guidance from legal counsel to ensure compliance with regulations.

By following these steps, employers can effectively correct errors on completed I-9 forms while maintaining compliance with the requirements of the Employment Eligibility Verification process.

18. Are there any specific rules or regulations regarding I-9 compliance for remote workers in Virginia?

Yes, there are specific rules and regulations regarding I-9 compliance for remote workers in Virginia. Here are some key points to consider:

1. Remote workers in Virginia must still complete Section 1 of the Form I-9 on or before their first day of work, regardless of where they are located.

2. Employers must designate an authorized representative to review the remote worker’s original identification and employment authorization documents within 3 business days of the start date. This representative can be anyone the employer designates, such as a notary public, attorney, or HR manager.

3. Employers must ensure that remote workers are provided with clear instructions on how to complete Section 2 of the Form I-9 and submit their documents for verification.

4. Employers must retain copies of the documents presented by remote workers for I-9 verification purposes. These copies should be kept with the Form I-9 and maintained for the required retention period.

5. It is important for employers with remote workers in Virginia to stay informed about any updates or changes to I-9 compliance regulations to ensure ongoing compliance with federal law.

By following these guidelines and staying up to date on any changes to I-9 compliance regulations, employers can effectively manage the verification process for remote workers in Virginia while maintaining compliance with federal law.

19. What resources are available to help employers understand and comply with I-9 requirements in Virginia?

In Virginia, employers have access to numerous resources to help them understand and comply with I-9 requirements:

1. The U.S. Citizenship and Immigration Services (USCIS) website provides the official Handbook for Employers (Form M-274) which outlines the I-9 process in detail.
2. The Department of Homeland Security’s website offers a variety of resources, including webinars, guides, and frequently asked questions to assist employers in completing Form I-9 accurately.
3. Employers can also reach out to local Immigration and Customs Enforcement (ICE) offices or the USCIS customer service line for guidance on specific questions or scenarios.
4. Legal professionals specializing in immigration law can provide tailored advice and assistance on I-9 compliance to ensure that employers are meeting all federal requirements.

By utilizing these resources, employers in Virginia can stay up-to-date on I-9 requirements, avoid potential fines for non-compliance, and maintain a lawful workforce.

20. How can an employer stay up to date on changes to I-9 requirements and regulations in Virginia?

In Virginia, employers can stay up to date on changes to I-9 requirements and regulations through the following methods:

1. Regularly checking the official U.S. Citizenship and Immigration Services (USCIS) website for any updates or new guidance related to Form I-9 and employment eligibility verification practices.
2. Subscribing to email alerts or newsletters provided by relevant government agencies such as USCIS or the Department of Homeland Security for notifications on changes to I-9 requirements.
3. Participating in training sessions, webinars, or workshops conducted by immigration law experts or compliance professionals to ensure understanding of the latest developments in I-9 regulations.
4. Engaging with industry organizations, employer associations, or legal professionals specializing in immigration law to receive updates and insights specific to the state of Virginia.
5. Utilizing online resources and guides offered by reputable legal sources or compliance firms to access up-to-date information on I-9 requirements tailored to Virginia regulations.

By actively pursuing these avenues for information and staying informed through multiple channels, employers in Virginia can effectively navigate the evolving landscape of I-9 compliance and ensure adherence to the latest requirements and regulations.