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. This form is a requirement of the Immigration Reform and Control Act of 1986 (IRCA) and is used by employers to ensure that their employees are legally eligible to work in the country. By completing the I-9 form, both the employer and employee attest to the employee’s identity and authorization to work in the U.S. This process helps prevent unauthorized individuals from being employed, maintains a legal workforce, and ensures compliance with U.S. immigration laws. Failure to properly complete and maintain I-9 forms can result in severe penalties for employers, including fines and potential legal consequences.

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

All employers in the United States are required to complete Form I-9 for every employee they hire in order to verify the employee’s identity and eligibility to work in the country. This includes both citizens and non-citizens. The completion and retention of Form I-9 is mandatory for all employers, regardless of their size or the number of employees they have. It is important to note that failure to properly complete and retain Form I-9 can result in serious consequences, including fines and penalties imposed by the U.S. Immigration and Customs Enforcement (ICE). Thus, it is crucial for employers to ensure compliance with these regulations to avoid any potential legal issues.

3. What is the deadline for completing the I-9 form for a new employee?

The deadline for completing the Form I-9 for a new employee is the end of the employee’s first day of work for pay. This means that the employer must ensure that Section 1 of the Form I-9 is completed by the employee and Section 2 is completed by the employer and the required documents are presented and verified within this timeframe. It is crucial for employers to adhere to this deadline to remain compliant with U.S. immigration laws and regulations. Failure to timely complete Form I-9 for new hires can result in penalties and fines imposed by U.S. Immigration and Customs Enforcement (ICE) upon audit or inspection. Employers should establish efficient onboarding processes to ensure timely completion of Form I-9 documentation to avoid potential legal consequences.

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

The I-9 form requires individuals to present specific documents to establish their identity and employment authorization. Acceptable documents fall into three categories: List A documents, List B documents, and List C documents. List A documents establish both identity and employment authorization, such as a U.S. Passport or Permanent Resident Card. List B documents establish identity only, such as a driver’s license or state-issued ID card. List C documents establish employment authorization, such as a Social Security card or birth certificate. Employees must present one document from List A or a combination of documents from Lists B and C to complete the I-9 form. It’s crucial for employers to carefully review and verify the authenticity of these documents to comply with legal requirements.

5. Can an employer require specific documents for the I-9 verification process?

Yes, an employer can require specific documents for the I-9 verification process, as long as the documents requested are listed on the Form I-9 itself as acceptable for establishing an employee’s identity and work authorization. Employers must 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 cannot request specific documents beyond what is listed on the Form I-9 or ask for more or different documents than are required by law. The I-9 verification process must be nondiscriminatory, and employees must have the right to present any document from the Lists of Acceptable Documents that they find acceptable for establishing their employment eligibility. It is important for employers to adhere strictly to the requirements outlined in the Form I-9 instructions to avoid potential legal issues related to discrimination or improper employment verification practices.

6. Can a new employee start working before the I-9 form is completed?

No, a new employee cannot start working before the I-9 form is completed. The I-9 form is a crucial document used by employers to verify the identity and employment authorization of individuals hired for employment in the United States. It is mandatory for employers to ensure that each new hire completes Section 1 of the I-9 form on their first day of work, and that the employer or authorized representative completes Section 2 within three business days of the employee’s start date. Failure to comply with these requirements can result in penalties and fines for the employer. Therefore, it is essential for employers to adhere to the I-9 verification process before allowing a new employee to start working.

7. Can remote employees complete the I-9 form electronically?

Yes, remote employees can complete the I-9 form electronically, provided certain conditions are met:

1. Employers must use an electronic I-9 system that meets the requirements outlined in the federal regulations, including the ability to capture and store required information, create a secure and auditable trail of changes, and provide appropriate access controls.
2. Remote employees must have access to the necessary technology to electronically complete and sign the I-9 form.
3. Employers must also ensure that remote employees have the ability to present their identity and employment authorization documents to an authorized representative for physical examination within the required timeframe.
4. Employers should establish clear guidelines and procedures for remote employees to follow when completing the I-9 form electronically to ensure compliance with all legal requirements.

Overall, electronic completion of the I-9 form for remote employees can streamline the process and make it more convenient, but it is essential for employers to ensure that all necessary steps are taken to remain compliant with federal regulations.

8. How long should an employer retain completed I-9 forms for current and former employees?

Employers are required to retain completed I-9 forms for current employees for as long as the individual works for the company. After the employee has left the company, the employer must retain the I-9 form for either three years from the date of hire or one year from the date of termination, whichever is later. It is crucial for employers to maintain these forms to comply with federal regulations and to be prepared for potential audits by Immigration and Customs Enforcement (ICE). Additionally, proper retention of I-9 forms helps to ensure that the company has documented proof of its employees’ eligibility to work in the United States throughout their employment and for a period of time after separation.

9. Can an employer accept expired documents for the I-9 verification process?

No, an employer cannot accept expired documents for the I-9 verification process. Under the Immigration and Nationality Act, all documents presented during the verification process must be current and unexpired to establish an individual’s identity and work authorization legally. Accepting expired documents could lead to potential legal issues and noncompliance with the law. It is essential for employers to carefully review the validity of the documents presented by the employee at the time of completing the Form I-9. If a document has expired, the employee should be asked to provide a valid, unexpired alternative document to satisfy the requirements of the I-9 process. Employers should ensure that they are consistent in their practices and adhere to the guidelines outlined in the I-9 form instructions to avoid penalties and violations.

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

There are several consequences of not properly completing or retaining I-9 forms:

1. Fines: Employers who fail to properly complete, retain, or make I-9 forms available for inspection can face significant fines ranging from $230 to $2,292 per violation.

2. Legal Action: Failure to comply with I-9 requirements can lead to legal action from U.S. Immigration and Customs Enforcement (ICE), including audits, fines, and potential criminal charges for knowingly employing unauthorized workers.

3. Loss of Work Authorization: Not properly completing or retaining I-9 forms can result in the loss of work authorization for employees who may be eligible to work in the United States, leading to potential termination or suspension of employment.

4. Damage to Reputation: Noncompliance with I-9 requirements can damage an employer’s reputation, leading to loss of trust from employees, customers, and stakeholders.

5. Ineligibility for Government Contracts: Employers who fail to comply with I-9 requirements may become ineligible for government contracts, as federal contractors are required to comply with immigration laws, including proper completion and retention of I-9 forms.

Overall, the consequences of not properly completing or retaining I-9 forms can be severe, leading to financial penalties, legal repercussions, loss of work authorization, damage to reputation, and ineligibility for government contracts. Compliance with I-9 requirements is essential for employers to avoid these consequences and maintain a lawful workforce.

11. Can an employer conduct a self-audit of their I-9 forms?

Yes, an employer can conduct a self-audit of their I-9 forms to ensure compliance with I-9 Employment Eligibility Verification requirements. It is recommended for employers to conduct regular self-audits of their I-9 forms to identify and correct any errors or omissions, as well as to ensure that all forms are completed accurately and in a timely manner. Self-audits can help employers avoid potential penalties for non-compliance and demonstrate their commitment to upholding immigration laws. Employers should follow established guidelines and best practices when conducting self-audits to ensure thorough and accurate results. Additionally, they may seek guidance from legal counsel or HR professionals to ensure compliance with relevant laws and regulations.

12. What is E-Verify and how does it relate to the I-9 process in Kansas?

E-Verify is an internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. It compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. government records. E-Verify is voluntary for most employers, but some states have specific requirements regarding its use.

In Kansas, E-Verify is generally mandated for all public employers and certain private employers that contract with state agencies or political subdivisions. Therefore, in Kansas, the use of E-Verify is closely related to the I-9 process as it serves as an additional tool to ensure that newly hired employees are authorized to work in the U.S. The I-9 form is still required for all employees, regardless of E-Verify usage, but E-Verify provides an extra layer of verification for those employers who are required to use it in Kansas. This helps to ensure compliance with both state and federal laws regarding employment eligibility verification.

13. Can an employer reverify an employee’s work authorization after their original documents expire?

Yes, employers are required to reverify an employee’s work authorization if their original documents presented during the Form I-9 process expire. Employers must complete Section 3 of the Form I-9 to reverify the employee’s work authorization by examining new, unexpired documents. It’s crucial to ensure that reverification is done before the current work authorization documentation expires to stay compliant with the law. Employers should establish a system to track the expiration dates of work authorization documents to prompt timely reverification and avoid penalties for non-compliance. Additionally, employers should treat all employees equally and consistently when it comes to reverifying work authorization to avoid any discrimination claims.

14. Can an employer refuse to accept certain documents presented by an employee for the I-9 process?

Yes, an employer can refuse to accept certain documents presented by an employee for the I-9 process if they do not reasonably appear to be genuine or to relate to the individual. Employers are required to accept any document or combination of documents listed on the Form I-9 Acceptable Documents List as long as they appear to be genuine and to relate to the person presenting them. However, employers are not allowed to specify which documents they will accept. If an employee presents documents that reasonably appear to be genuine and relate to them, the employer must accept those documents. Employers should also be cautious not to discriminate against employees based on the type of documents they present during the I-9 process.

15. What are the guidelines for correcting errors on the I-9 form?

1. When correcting errors on the I-9 form, it is important to follow specific guidelines to ensure compliance with regulations. Firstly, errors should be corrected in a timely manner, ideally as soon as they are discovered. If an employee fails to timely complete Section 1, employers should date and sign Section 2 and if an employer fails to complete Section 2 in a timely manner, an employer must date, sign and explain the reason for the delay in the margin of Part 3.
2. Cross out the incorrect information with a single line to ensure that the original entry remains legible. Any corrections should be initialed and dated by the person making the correction. It is advised not to use correction fluid or other methods that could obscure the original information.
3. Employers should maintain a record of all corrections made to the I-9 form and document the reasons for these corrections. It is recommended to keep these records separate from the I-9 form itself, preferably in a separate file. Correcting errors on the I-9 form accurately and maintaining proper documentation is essential to demonstrate compliance with immigration laws and regulations.

16. Can an employer ask an employee to provide additional documents for the I-9 verification process?

Yes, an employer can ask an employee to provide additional documents for the I-9 verification process but only if the original documents presented by the employee do not sufficiently establish their identity and work authorization. In such cases, the employer must provide the employee with the specific options for acceptable documents outlined on the Lists of Acceptable Documents on Form I-9. It is important for employers to remember that they cannot request specific documents or additional documentation solely because of the employee’s citizenship or immigration status. Any additional documents requested should be related to verifying the employee’s identity and eligibility to work in the United States. The employer must give the employee a reasonable amount of time to provide the requested documents and should not delay the employee’s start date or continued employment during this process.

17. What training resources are available to help employers understand and comply with I-9 requirements in Kansas?

In Kansas, employers have access to several training resources to help them understand and comply with I-9 requirements. Some valuable resources include:

1. The official U.S. Citizenship and Immigration Services (USCIS) website, which offers a range of resources, including guides, webinars, and manuals specifically focused on I-9 compliance.

2. The Kansas Department of Labor may provide workshops or training sessions focused on employment eligibility verification, including Form I-9 compliance.

3. Local chambers of commerce and business associations often offer seminars or training programs on various HR topics, including I-9 compliance.

4. Employment law firms or HR consultants in Kansas may provide specialized training on I-9 requirements tailored to specific industries or organizational needs.

By utilizing these resources, employers in Kansas can stay informed about their obligations under the I-9 process and ensure compliance with federal immigration laws. It is crucial for employers to invest in training to avoid potential legal issues and penalties related to improper completion or retention of Form I-9.

18. Can an employer use a translator or preparer to assist with completing the I-9 form?

Yes, an employer can use a translator or preparer to assist with completing the Form I-9, Employment Eligibility Verification, as long as certain requirements are met:

1. Translator: If the employee is unable to read and understand English, a translator or preparer fluent in both English and the employee’s native language may help complete the form. The translator must be chosen by the employer and should not be a family member of the employee. The translator’s information must be filled out in the “Preparer and/or Translator Certification” section of the form.

2. Preparer: An employer can also designate someone else, such as an HR representative or another employee, to complete the Form I-9 on their behalf. The preparer must be knowledgeable about the form and should ensure accurate and timely completion. The preparer’s information must be filled out in the same “Preparer and/or Translator Certification” section.

It is important that the employer and the translator or preparer understand the Form I-9 requirements to ensure compliance with immigration laws and regulations. The employer remains ultimately responsible for the accuracy and completeness of the information on the Form I-9, even if a translator or preparer assists in its completion.

19. Are there any exceptions to the I-9 verification requirements for certain types of workers in Kansas?

In Kansas, there are certain exceptions to the I-9 verification requirements for specific types of workers. These exceptions include:
1. Agricultural workers who are employed for fewer than 90 days during a 12-month period and are in possession of H-2A visas.
2. Employees hired before November 6, 1986, who have been continuously employed by the same employer since that date.
3. Unauthorized employees hired on or before November 6, 1986, who have been continuously employed by the same employer since that date.
4. Domestic workers employed in a private household who work 10 hours or fewer per week.

It is important for employers in Kansas to be aware of these exceptions to ensure compliance with I-9 verification requirements for their specific workforce. Failure to follow the guidelines outlined by the U.S. Citizenship and Immigration Services (USCIS) can result in fines and penalties for non-compliance.

20. How does the completion of the I-9 form impact the overall hiring process in Kansas?

1. The completion of the I-9 form is a crucial component of the overall hiring process in Kansas, as it is a requirement by federal law for all employers to verify the identity and employment authorization of every person they hire. Failure to properly complete the I-9 form can result in serious legal consequences, including fines and penalties. Therefore, ensuring that the form is accurately filled out and submitted within the specified timeline is essential for both the employer and the newly hired employee.

2. In Kansas, like in other states, the completion of the I-9 form can impact the hiring process by serving as a means to verify the eligibility of individuals to work in the United States. Employers who fail to comply with I-9 requirements risk facing audits by the U.S. Immigration and Customs Enforcement (ICE) agency, which could potentially disrupt the hiring process and lead to legal trouble for the organization. Additionally, proper completion of the I-9 form helps protect against potential discrimination claims, as all new hires are required to provide the same documentation to establish their identity and work authorization.

3. Overall, the completion of the I-9 form plays a critical role in maintaining compliance with federal immigration laws and regulations, ensuring that only authorized individuals are employed within the state of Kansas. By following the guidelines set forth by the U.S. Citizenship and Immigration Services (USCIS) for completing the I-9 form, employers in Kansas can streamline the hiring process, minimize legal risks, and demonstrate their commitment to upholding the integrity of the workforce.