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

The purpose of Form I-9, officially known as the Employment Eligibility Verification form, is to verify the identity and employment authorization of individuals hired for employment in the United States. By completing Form I-9, both the employer and the employee attest to the employee’s eligibility to work in the country. This form is a crucial part of the onboarding process for all new hires and ensures that employers are hiring individuals who are legally authorized to work in the U.S. The completion of Form I-9 helps prevent unlawful hiring practices and protects the rights of authorized workers. It also serves as a record for the U.S. government to confirm that employers have verified their employees’ eligibility to work in the country. Failure to properly complete and retain Form I-9 can result in penalties for employers.

2. Who is required to complete a Form I-9?

All U.S. employers are required to complete Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States, including citizens and noncitizens. This includes:
1. Employers with at least one employee hired to work in the U.S. (both citizens and noncitizens)
2. Employees hired after November 6, 1986

Form I-9 must be completed for all employees, including full-time, part-time, temporary, and seasonal employees, regardless of their citizenship status. It is important to note that there are certain exemptions from the Form I-9 requirement, such as independent contractors, casual domestic workers in a private household, and employees hired before November 6, 1986, who are still in continuous employment with the same employer. Failure to comply with Form I-9 requirements can result in fines and penalties for employers.

3. Is Form I-9 required for all employees, including temporary or seasonal workers?

Yes, Form I-9 is required for all employees, including temporary or seasonal workers, as long as they are hired to perform work within the United States. It is essential for employers to verify the identity and employment authorization of all individuals, regardless of their status or the duration of their employment. Failing to properly complete and retain Form I-9 for every employee can result in severe penalties for employers, including fines and legal consequences. Therefore, it is crucial for employers to ensure compliance with Form I-9 requirements for all employees to maintain a lawful workforce and avoid potential liabilities.

4. What is the deadline for completing Form I-9 for a new hire?

The deadline for completing Form I-9 for a new hire is the earlier of the employee’s start date for pay or the end of their third business day of employment. Failure to complete Form I-9 within this timeframe can result in potential fines or penalties for the employer. It is crucial for employers to ensure timely and accurate completion of Form I-9 for all new hires to establish and verify the employee’s identity and eligibility to work in the United States. Employers should maintain compliance with all Form I-9 requirements to avoid any legal issues related to employment eligibility verification.

5. Can an employer require a specific List of Acceptable Documents from the employee for Form I-9 verification?

Yes, an employer can require a specific List of Acceptable Documents from an employee for Form I-9 verification. The employer must provide the employee with the official list of acceptable documents as outlined in the Form I-9 instructions published by the U.S. Citizenship and Immigration Services (USCIS). However, it is important to note the following key points regarding this requirement:

1. The list of acceptable documents is divided into three sections: List A documents establish both identity and work authorization, List B documents establish identity only, and List C documents establish work authorization only.
2. Employers are not allowed to specify which documents an employee must present or to request more or different documents than those listed on the Form I-9.
3. Employers should always accept any unexpired documents that appear on the lists and that reasonably appear to be genuine and relate to the employee presenting them.

In summary, while an employer can require specific documents from an employee for Form I-9 verification, they must ensure that their requirements align with the official lists provided by USCIS and avoid any discrimination based on an employee’s choice of acceptable documents.

6. How long should Form I-9 be retained by an employer?

Employers are required to retain Form I-9 for each employee for a specific period of time after the employee’s hire date or, in some cases, the date of employment termination, whichever comes later. Specifically:

1. For employees who are still employed, Form I-9 must be retained for as long as the individual works for the employer.

2. For terminated employees, employers must retain Form I-9 for at least three years from the date of hire or one year after the employment relationship is terminated, whichever is later.

It is important for employers to ensure that Form I-9 records are kept in a secure and confidential location and are readily available for inspection by authorized government officials, if necessary. Failure to properly retain and produce Form I-9 records during an inspection can result in significant fines and penalties for the employer.

7. Can an employer use E-Verify in addition to completing Form I-9?

Yes, an employer can use E-Verify in addition to completing Form I-9. E-Verify is an internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. While Form I-9 is a requirement for all employers to verify the identity and employment eligibility of their employees, using E-Verify is optional in most cases but can provide additional assurance and protection against employing unauthorized workers. Here are some key points to consider:

1. Using E-Verify does not replace the need to complete Form I-9. Both processes serve different purposes and are typically complementary to each other.
2. E-Verify can provide employers with an electronic confirmation of an employee’s work authorization status by comparing information from the employee’s Form I-9 to data from U.S. government records.
3. Participating in E-Verify can be voluntary for most employers, but some states have passed legislation requiring certain employers to use the system.
4. Employers who choose to use E-Verify must still complete and retain Form I-9 for each employee hired, as it is a legal requirement under the Immigration Reform and Control Act (IRCA).
5. Using E-Verify can help employers maintain compliance with immigration laws and regulations, as well as potentially reduce the risk of hiring unauthorized workers.

In conclusion, while employers are not required to use E-Verify, it can be a useful tool to supplement the mandatory Form I-9 process and enhance the verification of employees’ eligibility to work in the U.S.

8. What is the penalty for failing to properly complete and retain Form I-9?

Employers who fail to properly complete and retain Form I-9 can face significant penalties. The penalty for knowingly hiring or continuing to employ unauthorized workers without properly completing Form I-9 ranges from $573 to $20,130 per violation. Additionally, the penalty for paperwork violations such as failing to complete or retain Forms I-9 can range from $230 to $2,292 per violation. The severity of these penalties may vary depending on factors such as the size of the business, the employer’s history of compliance, and the seriousness of the violations. It is essential for employers to ensure strict compliance with Form I-9 requirements to avoid these penalties and maintain a lawful workforce.

9. Is it necessary to update or re-verify Form I-9 for existing employees?

1. Yes, it is necessary to reverify Form I-9 for existing employees under certain circumstances. When an employee’s work authorization document expires, employers are required to reverify their employment eligibility by completing a Section 3 of the Form I-9 and recording the new expiration date of the document. This process must be completed before the current document expires to ensure continued compliance with immigration laws.

2. Additionally, if an employee’s name changes, such as through marriage or legal name change, the employer should update the employee’s name in Section 1 of the Form I-9. However, it is not required to reverify the employee’s work authorization documents in this instance unless they are set to expire soon.

3. Employers should also reverify an employee’s work authorization if they depart for an extended period of time and return to work, as their employment eligibility may have changed during their absence.

4. It is crucial for employers to stay on top of verifying and updating Form I-9 for existing employees to remain compliant with immigration laws and avoid potential penalties for noncompliance.

10. Can an employer accept photocopies of documents for Form I-9 verification?

1. According to the requirements outlined by the U.S. Citizenship and Immigration Services (USCIS), employers are required to physically examine each document presented by the employee for Form I-9 verification. While photocopies can be used as a helpful reference during the verification process, they should not be accepted as stand-alone documents for verifying an employee’s work eligibility.

2. The purpose of physically examining original documents is to ensure their authenticity and validity, as well as to confirm that they belong to the employee presenting them. By relying solely on photocopies, an employer may inadvertently overlook potential discrepancies or fraudulent documents that could result in legal consequences or penalties.

3. Acceptable documents for Form I-9 verification include items such as passports, driver’s licenses, social security cards, or other forms of identification specified by the USCIS. Employers should carefully review each document in person to determine that it reasonably appears to be genuine and relates to the individual presenting it.

In conclusion, while photocopies may be useful as a reference tool, they are not sufficient for Form I-9 verification purposes. Employers must physically inspect original documents to ensure compliance with immigration laws and prevent potential issues related to unauthorized work eligibility.

11. Can an employer refuse to hire an individual who cannot produce specific documents for Form I-9 verification?

1. Yes, employers are required by law to verify the identity and employment eligibility of all individuals they hire by completing Form I-9. This form requires employees to present specific documents to establish their identity and employment authorization, such as a U.S. passport, Permanent Resident Card, or Employment Authorization Document.
2. If an individual is unable to present any of the acceptable documents listed on the Form I-9, the employer should not refuse to hire them solely based on this reason.
3. Instead, the employer should allow the individual to present other acceptable documents from the Form I-9’s List A, List B, or List C that establish their identity and work authorization.
4. If the individual is authorized to work in the U.S. but unable to produce the required documentation, the employer should provide them with a reasonable amount of time to present the necessary documents.
5. It is important for employers to comply with the law and not engage in discriminatory practices when verifying employment eligibility through the Form I-9 process.
6. If an individual is unable to produce the required documents despite reasonable efforts and time provided by the employer, the employer may have to make the difficult decision of not being able to continue with the hiring process.

12. Are foreign students with work authorization required to complete Form I-9?

1. Yes, foreign students with work authorization are required to complete Form I-9 when they are hired for employment in the United States.
2. When completing Form I-9, foreign students with work authorization must present acceptable documents that establish their identity and employment eligibility, as outlined in the Lists of Acceptable Documents on the form.
3. The completion of Form I-9 ensures that employers verify the identity and work authorization of all employees, including foreign students, to prevent unauthorized individuals from working in the U.S.
4. It is important for employers to accurately complete Form I-9 for all employees, including foreign students, to comply with federal regulations and avoid potential penalties for non-compliance during audits conducted by the U.S. Immigration and Customs Enforcement (ICE).

13. Can an employer accept a social security card with a “not valid for employment” annotation for Form I-9 verification?

No, an employer cannot accept a social security card with a “not valid for employment” annotation for Form I-9 verification. A social security card with this annotation indicates that the individual is not authorized to work in the United States, and therefore it cannot be used as a List C document for the I-9 process. Employers must only accept unexpired, original documents that establish both identity and employment authorization. Acceptable documents for the I-9 verification process are listed on the back of the Form I-9 itself and fall into three categories – List A documents, List B documents, and List C documents. Social security cards without work restrictions can be accepted as a List C document, but those with the “not valid for employment” annotation cannot be used for this purpose.

14. Can an employer use electronic Form I-9 and signatures for verification?

Yes, employers are allowed to use electronic Form I-9 and electronic signatures for verification purposes, as long as certain requirements are met to ensure compliance with the I-9 regulations. Here are some key points to consider:

1. Employers must use an electronic system that meets the regulations outlined in the Department of Homeland Security (DHS) regulations, specifically the Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA). These regulations establish the legality and validity of electronic signatures.

2. The electronic system used must contain certain features, such as the ability to securely store and retrieve Forms I-9, generate a detailed audit trail, and incorporate safeguards to prevent tampering or unauthorized access.

3. The electronic system must also provide for the proper completion, signing, transmission, validation, and storage of Form I-9.

4. Both the employer and employee must consent to using electronic signatures for Form I-9 purposes.

5. Employers who choose to use electronic systems for Form I-9 verification should also have policies and procedures in place to ensure the security, accuracy, and completeness of the electronic records.

Ultimately, electronic Form I-9 and signatures can be a convenient and efficient way for employers to verify employment eligibility, as long as the necessary requirements are met to ensure compliance with the I-9 regulations.

15. Can an employer accept a driver’s license with “temporary” or “limited-term” as an identity document for Form I-9 verification?

1. Yes, an employer can accept a driver’s license with “temporary” or “limited-term” as an identity document for Form I-9 verification, provided that it meets the requirements outlined by the U.S. Citizenship and Immigration Services (USCIS). When verifying employment eligibility, employers must examine the original documents presented by the employee and determine whether they reasonably appear to be genuine and related to the individual presenting them. Temporary or limited-term driver’s licenses may be issued to individuals who have legal presence in the United States for a specific period of time, such as foreign nationals with temporary visas or individuals with pending immigration status adjustments.

2. It is essential for the employer to ensure that the temporary or limited-term driver’s license contains all the necessary information, such as the employee’s full name, date of birth, photograph, and signature. Employers should also be aware of any expiration dates or restrictions associated with these types of licenses and update their records accordingly to maintain compliance with Form I-9 requirements. Additionally, employers should document the specific type of identification accepted and maintain records in accordance with the law.

3. While temporary or limited-term driver’s licenses are acceptable for Form I-9 verification, it is important for employers to stay informed about changes in immigration laws and regulations that may impact the validity of these documents. Employers should exercise caution and seek legal advice if they encounter any uncertainty regarding the acceptability of specific identity documents during the verification process.

16. Can an employer use a receipt in place of an actual document for Form I-9 verification?

No, an employer cannot use a receipt in place of an actual document for Form I-9 verification. The Form I-9 process requires employees to present specific documents to establish their identity and eligibility to work in the United States. These documents must be original and unexpired, and receipts are not considered acceptable as a stand-in for the required identification documents. It is crucial for employers to carefully review and verify the authenticity of the documents presented by employees during the I-9 process to ensure compliance with immigration laws and regulations. Failure to properly document an employee’s eligibility to work in the U.S. can result in significant fines and penalties for the employer. Employers should refer to the official list of acceptable documents provided by the U.S. Citizenship and Immigration Services (USCIS) when conducting Form I-9 verifications to avoid any potential issues.

17. Can an employer complete Form I-9 for remote employees or employees working off-site?

Yes, an employer can complete Form I-9 for remote employees or employees working off-site. However, there are specific guidelines that must be followed to ensure compliance with the law:

1. Remote hires must still complete Section 1 of the Form I-9 on or before their first day of employment.
2. Employers should designate an authorized representative to act on their behalf to review the employee’s identity and work authorization documents in person.
3. The remote employee must then submit copies of their documents to the employer for verification.
4. The employer should complete Section 2 within three business days of the employee’s start date.
5. Employers should retain copies of the documents provided by the employee and ensure they comply with the list of acceptable documents provided by the USCIS.

It is crucial for employers to establish clear procedures for completing Form I-9 for remote employees to ensure compliance with immigration laws and regulations.

18. Can an employer request specific documents from an employee based on their appearance or perceived national origin for Form I-9 verification?

No, an employer cannot request specific documents from an employee based on their appearance or perceived national origin for Form I-9 verification. The Immigration Reform and Control Act of 1986 prohibits discrimination based on national origin or citizenship status in the employment eligibility verification process. Employers must accept any valid documentation presented by an employee that appears genuine and relates to their identity and work authorization, as listed on the Form I-9 lists of acceptable documents. It is essential for employers to treat all employees equally and fairly during the verification process to avoid potential legal issues and discrimination claims. Employers should provide clear guidance to all employees on the types of documentation required for Form I-9 verification and ensure consistent practices across the board. Discriminatory practices can result in significant penalties and liabilities for the employer.

19. Can an employer terminate an employee if they are unable to provide the required documents for Form I-9 verification?

1. Yes, an employer can terminate an employee if they are unable to provide the required documents for Form I-9 verification. The Immigration Reform and Control Act (IRCA) mandates that all employees hired in the United States must complete Form I-9 and provide the necessary documentation to establish their identity and work authorization. If an employee fails to provide the required documents within the timeframe specified by the employer, the employer may terminate their employment as they would be unable to legally work in the U.S. without proper verification.

2. It is essential for employers to ensure that they apply the verification process consistently and in accordance with the law to avoid any potential discrimination claims. Employers should clearly communicate the requirements for Form I-9 verification to all new hires and provide reasonable accommodations if necessary. If an employee is ultimately unable to provide the required documents despite reasonable efforts by the employer, termination of employment may be the only viable option to maintain compliance with IRCA regulations.

20. Are notarized documents acceptable for Form I-9 verification purposes?

No, notarized documents are generally not acceptable for Form I-9 verification purposes. The regulations for Form I-9 specifically state that only certain types of documents can be used to establish identity and work eligibility, and notarized documents are not included in these allowable document categories. The List of Acceptable Documents provided by the U.S. Citizenship and Immigration Services (USCIS) outlines the specific forms of identification that are acceptable for completing the Form I-9 process. These documents include items such as a U.S. passport, Permanent Resident Card, driver’s license, and Social Security card. It is essential for employers to carefully review the List of Acceptable Documents and ensure that employees provide valid and unexpired documents from the list when completing Form I-9 verification. Using notarized documents for this purpose may lead to compliance issues and potential violations of immigration laws.