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

The purpose of the Form I-9, also 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 this form, both employees and employers attest to the employee’s identity and eligibility to work in the country. It helps ensure that individuals are legally authorized to work in the U.S. and that employers are hiring a legally authorized workforce.

1. The Form I-9 contains specific sections for employees to fill out their personal information, provide documentation to establish both identity and employment authorization, and for employers to review and verify this information.
2. Employers are required by law to ensure that all new employees complete the Form I-9 within three days of starting work and to keep the form on file for a certain period of time.
3. Failure to properly complete and retain Form I-9s can result in penalties for employers, including fines and potential legal consequences.

Overall, the Form I-9 plays a crucial role in maintaining a legal workforce and preventing unauthorized employment in the United States.

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

In Maryland, all employers are required to complete Form I-9 for every employee hired after November 6, 1986, regardless of the employee’s immigration status. The completion of Form I-9 is mandatory for employers in Maryland to verify the identity and employment authorization of their employees. Failure to comply with this requirement can result in fines and penalties for the employer. Additionally, it is important for employers to ensure that they properly complete and retain Form I-9 for each employee to maintain compliance with federal regulations.

3. What documents can be used to verify employment eligibility on Form I-9?

1. The Form I-9 is used to verify the identity and employment eligibility of individuals hired for employment in the United States. To comply with the requirements of the form, employees must present specific documents to establish their identity and work authorization. The documents fall into three categories: List A, List B, and List C.

2. List A documents establish both identity and employment eligibility and include items such as a U.S. Passport, Permanent Resident Card (Green Card), or Employment Authorization Document (EAD).

3. List B documents establish only identity and may include items such as a state-issued driver’s license, ID card, or school ID card with a photograph. List C documents establish employment eligibility and may include a social security card, birth certificate, or employment authorization document issued by the Department of Homeland Security.

Employers must ensure that employees provide original, unexpired documents from the Lists of Acceptable Documents included in the Form I-9 instructions. It is crucial for employers to carefully review and properly document the information presented by employees to remain compliant with I-9 regulations and avoid potential penalties for non-compliance.

4. What is the deadline for completing and retaining Form I-9 in Maryland?

In Maryland, the deadline for completing and retaining Form I-9 is in line with the federal regulations set forth by the U.S. Citizenship and Immigration Services (USCIS). Specifically, employers in Maryland must ensure that Form I-9 is completed within three days from the employee’s first day of employment. This means that the employer must have the form filled out and retained for each employee within this timeframe to remain compliant with the law. Failure to meet this deadline can result in penalties and fines for the employer. It is crucial for employers in Maryland to understand and adhere to the requirements surrounding Form I-9 to maintain a legal workforce and avoid any potential legal issues.

5. Can employers in Maryland use electronic signatures on Form I-9?

Yes, employers in Maryland can use electronic signatures on Form I-9, as long as certain requirements are met. Here are the key points to consider:

1. The electronic signature method must comply with the regulations set forth by the Department of Homeland Security (DHS) for Form I-9 verification. This includes ensuring that the electronic signature is unique to the individual signing and is capable of being retained and accurately reproduced.

2. The electronic signature process should also incorporate measures to verify the identity of the individual signing the Form I-9. This can include using password-protected systems, biometric authentication, or other secure methods to ensure the integrity of the electronic signature.

3. Employers must maintain appropriate documentation of their electronic signature processes and ensure that electronic signatures are accessible for inspection and audits by government authorities, such as Immigration and Customs Enforcement (ICE) and the Department of Labor.

By following these guidelines and implementing secure electronic signature methods, employers in Maryland can confidently use electronic signatures on Form I-9 for their employment eligibility verification processes.

6. What are the consequences of not completing Form I-9 correctly?

Not completing Form I-9 correctly can result in serious consequences for employers. Some of the potential ramifications include:

1. Fines and penalties: Employers who fail to properly complete and retain Form I-9 for each employee can face significant fines. These fines can range from hundreds to thousands of dollars per violation, depending on the severity of the infraction.

2. Legal liability: Employers may also face legal action if they are found to have violated the requirements of Form I-9. This can result in costly litigation and potential damages awarded to affected employees.

3. Loss of government contracts: Government contractors and subcontractors are required to comply with Form I-9 regulations. Failure to do so can lead to the suspension or termination of government contracts, which can have a substantial financial impact on the employer.

4. Reputational damage: Not complying with Form I-9 requirements can also harm an employer’s reputation. This can lead to negative publicity, loss of customers, and difficulties in attracting and retaining top talent.

In conclusion, the consequences of not completing Form I-9 correctly are significant and can have far-reaching effects on both the financial health and reputation of an employer. It is crucial for employers to prioritize compliance with Form I-9 requirements to avoid these negative outcomes.

7. How long should employers retain completed Form I-9 in Maryland?

In Maryland, employers are required to retain completed Form I-9 for a period of at least three years after the date of hire or for one year after the individual’s employment is terminated, whichever is later. It is important for employers to keep these forms on file as they serve as proof of the employee’s eligibility to work in the United States and demonstrate compliance with immigration laws. Retaining Form I-9 for the required period ensures that employers have the necessary documentation available in case of audits by government agencies such as the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) or the Department of Labor. Additionally, having accurate and up-to-date Form I-9 records helps protect employers from potential fines and penalties for non-compliance with immigration regulations.

8. Can employers use copies of documents to complete Form I-9?

Employers cannot use copies of documents to complete Form I-9. The U.S. Citizenship and Immigration Services (USCIS) requires employers to physically inspect original documents presented by employees to establish their identity and employment authorization. Copies of documents do not meet the requirement for verification purposes. Employers must physically examine each document in the presence of the employee to confirm their authenticity and ensure they meet the requirements outlined in the Lists of Acceptable Documents on the Form I-9. It is important for employers to adhere to these guidelines to maintain compliance with federal regulations and prevent potential fines or penalties during an audit by immigration authorities.

9. Can employers in Maryland accept expired documents for Form I-9 verification?

No, employers in Maryland cannot accept expired documents for Form I-9 verification. The U.S. Citizenship and Immigration Services (USCIS) requires that employees present unexpired documentation to establish their identity and work authorization during the Form I-9 process. Accepting expired documents would not satisfy the requirements of the law and could potentially lead to penalties for the employer. It is important for employers to diligently follow the guidelines set forth by the USCIS to ensure compliance with employment eligibility verification regulations. Expired documents, regardless of the state in which the employer is located, are not considered valid for Form I-9 verification purposes.

10. What is the role of the Department of Homeland Security in Form I-9 compliance?

The Department of Homeland Security (DHS) plays a crucial role in Form I-9 compliance as it oversees the entire process of verifying the employment eligibility of workers in the United States. Specifically:

1. The U.S. Citizenship and Immigration Services (USCIS), which is a component of DHS, is responsible for developing and managing the Form I-9.
2. DHS also enforces the Immigration and Nationality Act (INA), which mandates that all employers verify the identity and employment authorization of each employee hired in the U.S. through the Form I-9 process.
3. DHS conducts audits and investigations to ensure that employers are complying with Form I-9 requirements and may impose penalties for violations, such as fines and even criminal charges in cases of egregious noncompliance.
4. Additionally, DHS works collaboratively with other federal agencies, such as the Department of Labor (DOL) and the Department of Justice (DOJ), to maintain the integrity of the Form I-9 process and protect the rights of both employees and employers.

Overall, the Department of Homeland Security plays a critical role in upholding the integrity of the Form I-9 process and ensuring that employers follow the regulations set forth by the INA to verify the eligibility of their workforce.

11. How can employers in Maryland avoid discrimination when verifying employment eligibility on Form I-9?

Employers in Maryland can avoid discrimination when verifying employment eligibility on Form I-9 by following these steps:

1. Treat all employees equally: Ensure that all employees are subject to the same verification procedures regardless of their race, national origin, citizenship status, or any other protected characteristic.

2. Avoid discriminatory practices: Do not request specific documents from an employee based on their appearance or perceived national origin. Request the same list of acceptable documents from all employees.

3. Train staff: Provide comprehensive training to human resources personnel responsible for I-9 verification to ensure they understand the proper procedures and are aware of anti-discrimination laws.

4. Establish clear policies: Develop clear policies and procedures for I-9 verification that outline the steps to be followed and emphasize the importance of nondiscrimination.

5. Document verification procedures: Keep thorough records of the verification process for all employees to demonstrate consistency and fairness in case of an audit.

6. Seek legal guidance: Consult with legal counsel or an expert in I-9 compliance to ensure that your verification process is in line with federal and state laws regarding discrimination.

By following these steps, employers in Maryland can mitigate the risk of discrimination when verifying employment eligibility on Form I-9.

12. Are remote hires in Maryland subject to Form I-9 verification requirements?

Yes, remote hires in Maryland are subject to Form I-9 verification requirements. When hiring employees who will be working remotely in Maryland, employers are still required to comply with the Form I-9 process to verify the employment eligibility of their remote employees. Here’s some important information to consider:

1. Remote hires must still complete Section 1 of Form I-9 no later than their first day of work.
2. Employers are required to physically examine the identity and employment authorization documents presented by the remote employee within three business days of their hire date.
3. Employers can use authorized representatives to review and verify the employee’s documents in a remote hire situation.
4. The Form I-9 requirements apply regardless of whether the employee will be working on-site or remotely, as long as the work is being performed in the United States.

It is essential for employers to ensure compliance with Form I-9 requirements for all employees, including those working remotely in Maryland, to avoid potential penalties for non-compliance with federal immigration laws.

13. Can employers reverify an employee’s work eligibility on Form I-9?

Yes, employers can reverify an employee’s work eligibility on Form I-9 in certain situations. The most common reasons for reverification include when an employee’s employment authorization document (EAD) is about to expire, when an employee is rehired within three years of the initial hire date and their previous Form I-9 is no longer on file, or when there is a name change due to marriage or other reasons. It is important for employers to follow the proper procedures for reverification, which include completing Section 3 of the Form I-9 and examining the employee’s new documentation to confirm continued work eligibility. Employers should also ensure that reverification is done in a non-discriminatory manner and consistently for all employees. Failure to properly reverify an employee’s work eligibility can result in penalties from government authorities during an audit or inspection.

14. How can employers correct mistakes on Form I-9 in Maryland?

Employers in Maryland, like in other states, can correct mistakes on Form I-9 by following the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS). Here are the steps to correct errors on Form I-9 in Maryland:

1. Identify the error: Review the Form I-9 to identify the specific mistake that needs to be corrected. Common errors include missing signatures, incorrect dates, and incomplete information.

2. Complete corrections within the allowed timeframe: USCIS allows corrections to be made to Form I-9 within 30 days of the employee’s start date. Employers should act promptly to rectify any errors within this timeframe.

3. Line through the error: To correct a mistake on Form I-9, the employer should draw a line through the incorrect information but ensure that the original entry is still legible.

4. Enter the correct information: Next, the employer should enter the correct information adjacent to the error. This ensures that the corrected information is clearly documented on the form.

5. Initial and date the correction: Both the employer and the employee (if applicable) should initial and date the correction made on Form I-9. This helps authenticate the change and shows that both parties are aware of the correction.

6. Maintain documentation: It is essential for employers to maintain a record of the corrections made to Form I-9. Keeping proper documentation ensures compliance and transparency in case of any audits or inspections.

Overall, correcting mistakes on Form I-9 in Maryland requires attention to detail, timely action, and adherence to USCIS guidelines to ensure accuracy and compliance with federal regulations.

15. What should employers do if an employee’s work authorization expires?

When an employee’s work authorization expires, employers should take the following steps:

1. Contact the employee: Inform the employee about the expiration of their work authorization and request that they provide updated documentation as soon as possible.

2. Follow Form I-9 guidelines: According to the Form I-9 instructions provided by the U.S. Citizenship and Immigration Services (USCIS), employers must re-verify an employee’s work authorization by completing Section 3 of the Form I-9. This should be done no later than the date their current work authorization expires.

3. Request updated documentation: Ask the employee to present a valid document that shows continued work authorization, such as a renewed Employment Authorization Document (EAD) or a new visa approval notice.

4. Maintain compliance: It is important for employers to ensure that they are following all legal requirements and maintaining compliance with immigration laws throughout the re-verification process.

5. Document the re-verification process: Keep a record of the steps taken to re-verify the employee’s work authorization, including any communication with the employee and copies of the updated documentation provided.

By adhering to these steps, employers can demonstrate their commitment to maintaining a legal workforce and avoid potential penalties for non-compliance with Form I-9 regulations.

16. Are there specific requirements for rehired employees and Form I-9 in Maryland?

Yes, there are specific requirements for rehired employees and Form I-9 in Maryland. When rehiring an employee, if the original Form I-9 is still valid (completed within three years of the rehire date or within one year for employees returning to employment after a temporary absence of less than one year), there is no need to complete a new Form I-9. However, the employer should review the original Form I-9 to ensure that all sections are properly completed and that the documentation presented by the employee is still valid.

If the original Form I-9 is no longer valid, a new Form I-9 must be completed for the rehired employee. The employee must present acceptable documentation to establish their identity and employment authorization, and the employer must ensure that these documents are valid and properly recorded on the Form I-9. It is important for employers in Maryland to follow all federal guidelines for rehired employees and Form I-9 requirements to ensure compliance with immigration laws and avoid potential penalties for noncompliance.

17. Can employers use notary publics for Form I-9 verification in Maryland?

Employers in Maryland are allowed to use notary publics for Form I-9 verification, according to the guidelines set by the U.S. Citizenship and Immigration Services (USCIS). However, it’s important to note a few key points:

1. Notary publics are not specifically authorized by federal law to act as authorized representatives for the Form I-9 process. They can only serve as witnesses to document the verification process.

2. Employers utilizing notary publics for Form I-9 verification must ensure that the notary public follows all the necessary steps outlined by USCIS for properly completing the form and verifying the identity and work authorization of the employee.

3. It is recommended that employers provide clear instructions to notary publics on how to properly complete the Form I-9 and ensure that they understand the requirements and responsibilities involved in the verification process.

Overall, while notary publics can be used for Form I-9 verification in Maryland, employers should exercise caution and thorough oversight to ensure compliance with federal regulations and to avoid any potential issues with the verification process.

18. What steps should employers take in case of an audit of Form I-9 by federal authorities?

In case of an audit of Form I-9 by federal authorities, employers should take the following steps:

1. Review all Form I-9s: Employers should first conduct a thorough review of all Form I-9s on file to ensure compliance with the requirements set forth by U.S. Citizenship and Immigration Services (USCIS).

2. Address any errors or deficiencies: If any errors or deficiencies are identified during the review process, employers should take immediate steps to correct them. This may involve reaching out to employees to provide missing information or documentation.

3. Cooperate with federal authorities: Employers should fully cooperate with federal authorities during the audit process. This includes providing access to all Form I-9s requested, as well as any additional documentation or information that may be necessary.

4. Seek legal advice if needed: If employers have concerns or questions regarding the audit process, it is recommended to seek legal advice from an attorney who specializes in immigration law. Legal counsel can provide guidance on how to navigate the audit and ensure compliance with the law.

5. Train employees on Form I-9 requirements: Employers should also take this opportunity to train employees responsible for completing Form I-9s on the proper procedures and requirements. Ensuring that employees are knowledgeable about the process can help prevent errors in the future.

Overall, employers should approach an audit of Form I-9s with a proactive and compliant mindset, taking the necessary steps to ensure that their documentation is accurate and in accordance with federal regulations.

19. Are there any exceptions to the Form I-9 requirements for certain employees in Maryland?

1. In the state of Maryland, there are certain exceptions to the Form I-9 requirements for specific types of employees.
2. One exception is for domestic household employees such as housekeepers, nannies, and caregivers. These individuals are not required to complete Form I-9 if they are employed in a private home where the work is sporadic, irregular, or intermittent.
3. Another exception is for employees who are hired for casual domestic work in a private home on a part-time basis, and if the total work performed by all employees does not exceed 8 hours per week.
4. Furthermore, individuals who are working for a business as volunteers, and not as employees, are also exempt from completing Form I-9.
5. It is important for employers in Maryland to be aware of these exceptions and ensure compliance with federal and state laws when determining which employees are required to complete Form I-9. Employers should consult with legal counsel or HR professionals to ensure they are accurately implementing these exceptions in their hiring processes.

20. Can employers in Maryland rely on third-party companies for Form I-9 compliance assistance?

Yes, employers in Maryland can rely on third-party companies for Form I-9 compliance assistance. However, it is essential for employers to exercise caution and due diligence when selecting a third-party provider to ensure they are reputable and knowledgeable in I-9 compliance. Here are a few points to consider:

1. Background and expertise: Employers should verify the background and expertise of the third-party company in handling Form I-9 compliance and immigration-related matters.
2. Compliance assurance: Employers must ensure that the third-party provider follows the latest guidelines and regulations set forth by the U.S. Citizenship and Immigration Services (USCIS) to avoid any potential penalties or fines for non-compliance.
3. Data security: Employers should inquire about the measures the third-party company has in place to safeguard sensitive employee information provided for Form I-9 verification.
4. Training and support: It is beneficial for employers to choose a third-party provider that offers training and support for their staff on proper Form I-9 completion and compliance best practices.

By taking these factors into consideration and working with a reputable and knowledgeable third-party provider, employers in Maryland can effectively rely on external assistance for Form I-9 compliance while ensuring adherence to regulatory requirements.