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 employees and employers attest to the employee’s identity and authorization to work in the country. This is essential to ensure that the workforce is composed of individuals who are legally allowed to work in the United States, in compliance with immigration laws. The form also serves to protect the rights of individuals by preventing discrimination based on citizenship status and ensuring equal employment opportunities. The I-9 form must be completed by all employees hired in the U.S., including citizens and non-citizens, and retained by the employer for a specified period.

2. ¿Quién debe completar el Formulario I-9?

All employers in the United States are required to complete Form I-9 for each employee they hire, regardless of the size of the company or the number of employees. This includes both citizens and noncitizens. It is important to note that the requirement applies to all employees hired after November 6, 1986, and employers must ensure that the form is completed accurately and in a timely manner for each new hire. Failure to comply with the Form I-9 requirements can lead to significant fines and penalties for the employer. Additionally, employers must retain the completed Form I-9 for each employee for a designated period of time after the individual’s employment ends.

3. What documents are acceptable for establishing identity and work authorization on the I-9 form?

The I-9 form outlines specific documents that are acceptable for establishing identity and work authorization for employees in the United States. These documents fall into three categories: List A, List B, and List C.

1. List A documents establish both identity and work authorization. Examples include a U.S. Passport, Permanent Resident Card (Green Card), or Employment Authorization Document (EAD).

2. List B documents establish identity only. Examples include a driver’s license, state ID card, or school ID card with a photograph.

3. List C documents establish work authorization only. Examples include a Social Security card, birth certificate, or a Native American tribal document.

Employers must ensure that employees present the appropriate combination of documents, as outlined on the I-9 form, within three business days of the employee’s first day of work. It is crucial for employers to verify these documents carefully and in compliance with the guidelines set forth by the U.S. Citizenship and Immigration Services (USCIS).

4. What is the time frame for completing the I-9 form for new hires in Wisconsin?

The time frame for completing the I-9 form for new hires in Wisconsin is within three business days of the employee’s first day of employment. This means that the employer must ensure that Section 1 of the form is completed by the employee no later than the end of their third day of work. Additionally, Section 2 of the I-9 form, which requires the employer to physically examine and verify the employee’s identity and work authorization documents, must be completed within the same three business day timeframe. It is important for employers in Wisconsin to adhere to this timeline to ensure compliance with federal regulations and avoid potential penalties for noncompliance.

5. Can remote hires complete the I-9 form electronically?

1. Yes, remote hires can complete the I-9 form electronically, as long as certain requirements are met. The U.S. Citizenship and Immigration Services (USCIS) allows for electronic completion of the Form I-9 for remote hires, provided that the employer follows specific guidelines outlined in the Form I-9 Instructions.
2. To do this, employers must use an electronic I-9 system that complies with the regulations set forth by the Department of Homeland Security, including utilizing technology that enables the employer to inspect and verify the identity and work authorization documents presented by the employee.
3. Additionally, remote hires must receive clear instructions on how to complete the electronic Form I-9 accurately and submit their information securely. Employers should also ensure that the electronic system they are using maintains the confidentiality and security of the information provided by the remote hires.
4. It is important for employers to understand and follow the specific requirements for electronic completion of the Form I-9 to ensure compliance with immigration laws and regulations. Failure to comply with these guidelines can result in fines and penalties for the employer. Therefore, it is crucial to implement appropriate procedures and systems to properly complete the I-9 form electronically for remote hires.

6. Are employers in Wisconsin required to keep copies of documents provided by employees for the I-9 form?

Yes, employers in Wisconsin are required to keep copies of the documents provided by employees for the I-9 form. The U.S. Citizenship and Immigration Services (USCIS) recommends that employers maintain copies of these documents to ensure compliance with the law. Keeping copies of the documents helps employers demonstrate that they have verified the identity and work authorization of their employees as required by the Immigration Reform and Control Act of 1986. Additionally, retaining copies of these documents can be helpful in case of an audit by federal immigration authorities. It is important to store these copies securely and maintain confidentiality to protect employees’ sensitive personal information. Failure to properly retain copies of the documents could result in penalties for non-compliance with I-9 requirements.

7. What happens if an employee cannot provide acceptable documents for the I-9 form?

If an employee cannot provide acceptable documents for the I-9 form, the employer should advise the employee to present any combination of List A and List B/List C documents that they have available. Additionally, the employer must give the employee a reasonable amount of time to obtain and present the required documentation. However, if the employee is unable to produce the necessary documentation within the specified time period, the employer may be required to terminate the individual’s employment to comply with federal regulations. It is crucial for employers to handle such situations with caution and in compliance with all applicable laws to avoid potential legal consequences. In some cases, seeking guidance from legal counsel or immigration experts may be advisable to ensure proper adherence to I-9 verification requirements.

8. How long must employers retain completed I-9 forms for employees in Wisconsin?

Employers in Wisconsin are required to retain completed Form I-9 for each employee for a period of three years after the date of hire, or one year after the employment relationship is terminated, whichever is later. It is important for employers to maintain these records as part of their compliance with federal immigration laws to verify the identity and employment authorization of their employees. Failure to properly retain Form I-9 can result in significant fines and penalties during government audits or investigations. Therefore, it is crucial for employers in Wisconsin to understand and adhere to the specific retention requirements for Form I-9 documents.

9. Can employers in Wisconsin use e-verify in addition to completing the I-9 form?

Yes, employers in Wisconsin can use E-Verify in addition to completing the I-9 form. E-Verify is an online system provided by the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA) that allows employers to electronically verify the employment eligibility of their newly hired employees. While completing the Form I-9 is a mandatory requirement for all employers to verify the identity and employment authorization of their employees, using E-Verify is optional for most employers but may be required for certain federal contractors and subcontractors. By utilizing E-Verify, Wisconsin employers can further ensure that their new employees are eligible to work in the United States, adding an extra layer of security to their hiring process. It is important for employers to follow the guidelines and requirements set forth by both E-Verify and Form I-9 to maintain compliance with federal immigration laws and regulations.

10. What are the consequences of failing to properly complete or retain I-9 forms in Wisconsin?

In Wisconsin, failing to properly complete or retain I-9 forms can lead to serious consequences for employers. Some of the potential ramifications include:

1. Civil penalties: Employers who fail to properly complete or retain I-9 forms can face civil penalties imposed by U.S. Immigration and Customs Enforcement (ICE). These penalties can range from hundreds to thousands of dollars per violation, depending on the severity of the violation.

2. Criminal penalties: In cases of more egregious violations, employers may face criminal charges for knowingly hiring or continuing to employ unauthorized workers. Criminal penalties can include fines and even imprisonment in extreme cases.

3. Business disruptions: Failing to comply with I-9 requirements can result in business disruptions, such as ICE audits or investigations, which can be time-consuming and costly for employers.

4. Reputation damage: Noncompliance with I-9 requirements can damage an employer’s reputation, leading to loss of customers, negative publicity, and difficulties in attracting and retaining employees.

5. Ineligibility for government contracts: Employers who fail to comply with I-9 requirements may become ineligible for government contracts, as compliance with immigration laws is a key requirement for government contractors.

Overall, it is crucial for employers in Wisconsin to ensure they properly complete and retain I-9 forms to avoid these potential consequences and maintain compliance with federal immigration laws.

11. Are there any specific requirements or considerations for I-9 compliance in Wisconsin compared to federal requirements?

There are several key differences and considerations for I-9 compliance in Wisconsin compared to federal requirements:

1. Verification documents: The state of Wisconsin does not have any specific additional document requirements for I-9 verification beyond what is required at the federal level. Employers in Wisconsin should follow the federal guidelines for acceptable documents when verifying an employee’s identity and work authorization.

2. Retention period: While the federal requirement for retaining I-9 forms is three years after the date of hire or one year after the date of termination, whichever is later, the state of Wisconsin does not have any additional requirements for retaining I-9 forms.

3. E-Verify: While E-Verify is not currently mandated at the federal level for all employers, some states, including Wisconsin, have their own requirements for E-Verify usage. As of now, Wisconsin does not have any state-specific requirements for E-Verify use.

Overall, while there are no major deviations in I-9 compliance requirements in Wisconsin compared to federal regulations, it is important for employers to stay informed of any potential changes at both the federal and state levels to ensure they are in full compliance with all applicable laws and regulations.

12. Is it mandatory for employers in Wisconsin to use E-Verify for employment eligibility verification?

Yes, as of January 1, 2022, it is mandatory for all employers in Wisconsin to use E-Verify for employment eligibility verification. This requirement is outlined in Wisconsin Act 108, which was signed into law in 2021. Employers are now required to use E-Verify for all new hires to verify their employment eligibility and legal authorization to work in the United States. Failure to comply with this law can result in penalties and fines for employers. It is crucial for businesses in Wisconsin to ensure they are compliant with these regulations to avoid any potential legal consequences.

13. Can an employer re-verify employment eligibility for existing employees in Wisconsin?

1. In Wisconsin, employers are generally not allowed to re-verify the employment eligibility of existing employees unless there is a specific reason to do so. Re-verification can only take place if the employee’s work authorization documentation has expired, or if the employer has constructive knowledge that the employee is no longer authorized to work in the United States. It is important for employers to be aware of the specific rules and regulations regarding re-verification to ensure compliance with the law.

2. Additionally, employers should avoid singling out specific employees for re-verification based on their national origin or citizenship status, as this may constitute discrimination. Employers should have clear policies and procedures in place for handling re-verification of work authorization documents to ensure consistency and fairness in their employment practices. It is recommended that employers consult with legal counsel or an experienced HR professional to ensure compliance with federal and state laws regarding employment eligibility verification.

14. Are there any special considerations for agricultural employers in Wisconsin when completing the I-9 form?

1. Agricultural employers in Wisconsin must ensure they are complying with all federal regulations when completing the I-9 form for their employees. It is important for these employers to understand that all employees, regardless of their immigration status, must complete Section 1 of the I-9 form on or before their first day of work.
2. Additionally, agricultural employers in Wisconsin should be aware of the specific rules surrounding the employment of seasonal agricultural workers. These workers may be subject to different verification requirements, such as the use of H-2A visas, so it is essential for employers to fully understand their obligations in these cases.
3. Agricultural employers should also be vigilant when reviewing and verifying documents presented by employees during the I-9 process. It is crucial to ensure that the documents provided are genuine and relate to the individual presenting them. Employers should not discriminate against workers based on their citizenship or immigration status during this process.
4. Finally, agricultural employers in Wisconsin should maintain thorough and organized records of their I-9 forms and supporting documentation. These records should be readily accessible for inspection by government authorities, such as Immigration and Customs Enforcement (ICE) or the Department of Labor. Failure to comply with I-9 requirements can result in significant penalties for employers.

15. Do employers need to complete a new I-9 form for rehired employees in Wisconsin?

Yes, employers in Wisconsin need to complete a new I-9 form for rehired employees in certain circumstances. If an employee is rehired within three years of their previous I-9 form becoming outdated, the employer does not need to complete a new form if the original I-9 form is still valid. However, if more than three years have passed since the previous form was completed or if the original form is no longer valid, the employer must complete a new I-9 form for the rehired employee. It is important for employers to follow these guidelines to ensure compliance with federal immigration laws and regulations.

16. Can employers in Wisconsin face penalties for hiring unauthorized workers even if they completed the I-9 form?

Yes, employers in Wisconsin can still face penalties for hiring unauthorized workers even if they completed the I-9 form. The completion of the I-9 form is a required document for verifying the identity and employment eligibility of all employees hired in the United States. However, while the I-9 form is an important tool for ensuring compliance with immigration laws, it does not provide immunity to employers who knowingly hire unauthorized workers. If it is determined that an employer had actual knowledge that an employee was unauthorized to work in the U.S., they can still face penalties under federal immigration laws, including fines and potential criminal charges. It is crucial for employers to not only properly complete the I-9 form but also to exercise due diligence in verifying the work authorization status of their employees to avoid potential legal consequences.

17. Are there any common mistakes that employers should avoid when completing the I-9 form in Wisconsin?

When completing the I-9 form in Wisconsin, employers should be cautious to avoid common mistakes to ensure compliance with federal regulations. Here are some key errors that employers should steer clear of:

1. Failing to ensure forms are completed in a timely manner: Employers must complete the I-9 form within three business days of the employee’s start date.

2. Accepting incorrect forms of identification: Employers should familiarize themselves with the List of Acceptable Documents and only accept unexpired and original documents.

3. Neglecting to reverify work authorization: Employers must remember to reverify expiring employment authorization documents before they expire.

4. Making alterations or corrections on the form: Employers should not make any alterations or corrections on the form after it has been completed and signed.

5. Not retaining completed forms for the required period: Employers must maintain the I-9 forms for each employee for either three years after the date of hire or one year after employment ends, whichever is later.

By avoiding these common mistakes, employers can ensure compliance with I-9 requirements and mitigate the risk of penalties for non-compliance. It is important for employers to stay informed about the latest updates and guidelines related to I-9 verification to maintain accuracy and compliance in their employment eligibility verification practices.

18. Can employers rely on a third party to complete the I-9 form on their behalf in Wisconsin?

In Wisconsin, employers can rely on a third party to complete the I-9 form on their behalf; however, there are important factors to consider:

1. Authorized representatives: Employers can designate an authorized representative to complete and sign Section 2 of the I-9 form on their behalf. This representative must be carefully chosen and properly trained to ensure compliance with all requirements.

2. Responsibility: Even if a third party completes the form, the ultimate responsibility for ensuring the accuracy and compliance of the I-9 form lies with the employer. It is crucial for employers to review the completed form, verify the supporting documents, and maintain the form for the required retention period.

3. Liability: Employers can be held liable for any errors or violations on the I-9 form, even if a third party completes it. Therefore, it is essential for employers to exercise diligence in selecting and overseeing any third party authorized to complete the form on their behalf.

In conclusion, while employers in Wisconsin can rely on a third party to complete the I-9 form, it is important to remain vigilant and informed to ensure that all legal requirements are met and that potential liabilities are mitigated.

19. Are there any recent changes or updates to I-9 requirements that employers in Wisconsin should be aware of?

Yes, there have been recent changes to the I-9 requirements that employers in Wisconsin should be aware of:

1. Remote Verification: Due to the COVID-19 pandemic, employers are allowed to conduct remote verification of I-9 documents. This means employees can present their documents via video link, fax, or email, and the employer can inspect the documents remotely.

2. Form I-9 Expiration: Employers should use the most current version of Form I-9, which has an expiration date at the top of the form. As of August 31, 2022, employers should be using the version of Form I-9 that was revised on October 21, 2021.

3. Change in List of Acceptable Documents: On the revised Form I-9, U.S. Citizenship and Immigration Services (USCIS) updated the List of Acceptable Documents, specifically List C, to include Form I-766, Employment Authorization Document (EAD), issued with code “C33.

Employers in Wisconsin should stay updated on any further changes or updates to Form I-9 requirements to ensure compliance with federal regulations. It is important to regularly check the USCIS website for any new guidance or modifications to the I-9 process.

20. How can employers in Wisconsin ensure ongoing compliance with I-9 requirements and avoid potential penalties?

Employers in Wisconsin can ensure ongoing compliance with I-9 requirements and avoid potential penalties by following these key steps:

1. Regular Training: Employers should provide regular training to their HR staff responsible for completing and maintaining I-9 forms. This ensures they are up to date on any changes in I-9 requirements and can accurately verify employment eligibility.

2. Document Verification: Employers should carefully review and document the identification provided by employees for Form I-9, ensuring that the documents are genuine and satisfy the requirements outlined by the U.S. Citizenship and Immigration Services (USCIS).

3. Conduct Internal Audits: Regularly audit I-9 forms to identify any errors or discrepancies that may exist. Correct any mistakes promptly and establish a system for ongoing monitoring to prevent future issues.

4. Maintain Records: Employers in Wisconsin must retain completed I-9 forms for each employee for a specified period. It is crucial to maintain these records in a secure and organized manner for inspection by government authorities if required.

5. Seek Legal Assistance: If uncertain about any aspect of I-9 compliance or facing potential penalties, employers should seek legal guidance from professionals with expertise in immigration law and employment compliance to address any issues promptly.

By implementing these practices, Wisconsin employers can ensure ongoing compliance with I-9 requirements, mitigate potential penalties, and maintain a legally sound workforce.