I-9 Form and Employment Authorization in California

How to fill out the I-9 form for employment in California?

1. Start by downloading the most recent version of the I-9 Form from the United States Citizenship and Immigration Services website.

2. Fill out Section 1 of the I-9 form, which requires you to provide some basic information about you such as name, address, date of birth, and social security number.

3. Next, select an appropriate document from List A or List B & C for ID verification. Photocopies of documents are not allowed.

4. Provide details about your document such as document number and issuing authority on the designated spots in Section 2 of the form.

5. Sign and date Section 2 of the form.

6. The employer must then fill out Section 3 of the form with details about when and how you were hired, which includes name, address, and date of hire. They must also attach any documents that identify who you are and verify your work authorization.

7. Your employer or their representative must sign and date Section 3 of the form.

8. Make sure you keep a copy of your completed form along with any documents you used for ID verification for your personal records.

Where can I get an I-9 form in California for employment purposes?

The I-9 form can be obtained from the U.S. Citizenship and Immigration Services website for free. It can also be obtained from any employer in California.

What documents are acceptable for I-9 verification in California?

Acceptable documents for I-9 verification in California are:

• A U.S. passport (unexpired)
• A U.S. passport card (unexpired)
• A Permanent Resident Card or Alien Registration Receipt Card (Form I-551).
• An unexpired foreign passport with an INS Form I-94 or I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.
• An unexpired Employment Authorization Document that contains a photograph (Form I-766).
• A state-issued driver’s license with photograph (unexpired).
• A state identification card with photograph (unexpired).
• An original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal.
• A US coast guard Merchant Mariner Card.
• A Native American tribal document.
• A foreign driver’s license with photograph and Form I-94 or I-94A.

Is there a deadline for completing the I-9 form in California when starting a new job?

Yes, the deadline for completing the I-9 form in California when starting a new job is the first day of work.

How often do I need to update the I-9 form for employment in California?

Employers must complete and retain a new Form I-9 for each new hire. If the employee’s status changes and the employee is reverified, a new Form I-9 must be completed and retained.

Are there local variations in I-9 document requirements in California?

Yes, there are local variations in I-9 document requirements in California. For example, employers in Los Angeles must provide employees with a copy of the I-9 Instructions and the E-Verify Notice and Rights as well as the I-9 Form. California employers must also use the state-specific version of the I-9 Form when hiring employees in California. This form includes additional language that is specific to California employers about their obligations under state and federal employment laws. Additionally, employers in California must also provide employees with information about their rights under state and federal employment laws.

Can I complete the I-9 form online in California for remote work?

No, I-9 forms must be completed in person. The form cannot be completed remotely in California.

What is the penalty for not completing the I-9 form in California?

If an employer fails to complete the I-9 form, they may be subject to civil penalties of up to $2,156 per form for a first offense and up to $7,293 per form for subsequent offenses. Employers may also be subject to criminal prosecution.

Is E-Verify mandatory for employers in California during the I-9 process?

No, E-Verify is not mandatory for employers in California during the I-9 process. California employers are not required to participate in the E-Verify system. However, federally contracted employers and employers in certain states are required to use E-Verify.

How to correct errors on the I-9 form in California after submission?

Unfortunately, once an I-9 form has been submitted in California, it is not possible to make corrections. Employers must retain the original I-9 form and any supporting documentation, and if errors are discovered, it is best to make a notation of the error and the date it was discovered. Employers should also keep a record of the corrected information, such as a photocopy of the corrected I-9 form or other documentation. The best practice is to prevent errors from occurring in the first place by carefully reviewing I-9 forms and documents before submission.

Are there I-9 workshops or training programs available in California?

Yes, there are a variety of I-9 workshops and training programs available in California. The California Employers Association (CEA) offers I-9 seminars and webinars that provide employers with the information they need to properly complete Form I-9 for their employees. The CEA also offers online courses and I-9 training manuals. In addition, a number of private companies offer I-9 workshops and training programs in California.

Can I use a foreign passport for I-9 verification in California?

No, you cannot use a foreign passport for I-9 verification in California. The required documents for I-9 verification in California are a U.S. passport or passport card, U.S. driver’s license, permanent resident card, foreign passport with a temporary I-551 stamp or foreign passport with an unexpired Employment Authorization Document (EAD).

How does the I-9 process work for temporary employees in California?

The I-9 process for temporary employees in California is largely the same as it is for regular employees. However, if the employee is going to be employed for less than three days, or if the employee is self-employed, employers do not need to complete the I-9 form.

When employing a temporary worker, the employer must still ensure that the employee completes Section 1 of the I-9 form on or before the employee’s first day of employment and present acceptable documents that establish identity and authorization to work in the U.S. Employers must also review and verify original documents within three days of the employee’s start date.

Employers should keep in mind that they may not request specific documents from a prospective employee, and must accept any document from the list of acceptable documents that is presented by the employee. In addition, employers should not ask for more documents than are required or request additional information.

Employers should also ensure that they store I-9 forms securely and be aware of expiration and reverification dates for temporary workers. Lastly, employers should be aware of any applicable state laws governing the I-9 process in California.

Is there a helpline for I-9-related questions in California?

Yes, California has a dedicated I-9 helpline for employers needing help with I-9 forms. The helpline can be reached at 1-855-343-0444 or at [email protected].

What to do if my work authorization expires in California and affects the I-9 form?

If your work authorization expires in California and affects your I-9 form, you will need to take the necessary steps to renew your work authorization. Depending on the type of work authorization you have, this could include filing a renewal application with the United States Citizenship and Immigration Services (USCIS) or updating the I-9 form to reflect your new expiration date. If you are unable to renew your work authorization, you may need to seek a different type of visa or other form of immigration status that allows you to remain in the United States legally and authorize you to work. If you believe that you may qualify for a different type of visa, it is recommended that you consult an immigration attorney for guidance.

Are there I-9 compliance audits for businesses in California?

Yes, employers in California are subject to I-9 compliance audits by U.S. Citizenship and Immigration Services (USCIS). Employers must keep copies of completed I-9 forms for all employees and make them available for inspection upon request by USCIS. Additionally, employers may be subject to criminal penalties if they are found to have knowingly hired or continued to employ workers who are not authorized to work in the United States.

How does the I-9 process work for remote employees in California?

The I-9 process for remote employees in California is the same as for any other employee in the state. The employer must still ensure that remote employees complete and sign Section 1 of Form I-9 and present acceptable documents to prove identity and employment authorization. In addition, the employer must still properly complete and retain Form I-9 for each individual. Employers may choose to either use a web-based electronic I-9 system or a paper form, but both methods must be in compliance with applicable law. Employers must also take steps to ensure that remote employees have access to the documents necessary to complete Form I-9, such as identity documents and evidence of employment authorization. Employers should also be aware that California law imposes additional requirements for employers with 25 or more employees. Additionally, employers should be familiar with California’s laws on privacy and data security when collecting remote employees’ information.

Can I refuse to fill out the I-9 form in California for religious reasons?

No, you cannot refuse to fill out the I-9 form in California for religious reasons. The I-9 form is required by federal law and must be completed by all new hires regardless of their religion. Any refusal to complete the I-9 form could result in serious legal repercussions.

What is the role of the HR department in the I-9 process in California?

The HR department is responsible for ensuring that all employees fill out the I-9 form accurately and in a timely manner. The HR department must also review the employee’s documents to ensure that they are valid and current. Additionally, the HR department must keep all I-9 records for a minimum of three years, or longer if required by federal law. Finally, the HR department is responsible for ensuring that all employees comply with the I-9 verification requirements and that any potential violations are correctly reported.

How does the I-9 process work for seasonal workers in California?

The I-9 process for seasonal workers in California is the same as it is for other types of employees. The employer must provide the employee with a Form I-9 to be completed and signed no later than the first day of employment. The employee must then present documents that establish both identity and employment eligibility within three days of being hired. The employer must review the documents, make sure they appear to be valid, and record the appropriate information on the I-9 form. The documents must be retained by the employer for three years from the date of hire or one year from the date of termination, whichever is longer. Employers must also ensure that all employees’ I-9 forms are stored in a secure location and that they are reviewed and updated as needed.