1. What is the purpose of the 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. This form is a critical tool in ensuring that employers are hiring individuals who are legally authorized to work in the country. By completing Form I-9, both the employer and the employee attest to the employee’s identity and work eligibility status. The form requires employees to present specific documents that establish their identity and employment authorization, which the employer must review to determine if they are genuine and relate to the individual being hired. Proper completion and retention of Form I-9 help employers maintain compliance with federal immigration laws and prevent the hiring of unauthorized workers.

2. Who must complete Form I-9?

Form I-9 must be completed by all employees hired in the United States. This includes both citizens and non-citizens.

1. Employees must complete Section 1 of Form I-9 on or before their first day of employment.
2. Employers must ensure that Section 2 is completed within three business days of the employee’s first day of work.
3. Employers are responsible for reviewing and verifying the documents provided by the employee to establish their identity and authorization to work in the United States.
4. Certain employees may not be required to complete Form I-9, such as those hired for casual domestic work in a private home.
It is important for both employers and employees to understand their responsibilities when it comes to Form I-9 compliance to avoid potential penalties for non-compliance.

3. What documents are acceptable for completing Form I-9?

There are three lists of acceptable documents that can be used to complete Form I-9, each falling under a different category:

1. List A documents establish both identity and employment authorization, such as a U.S. Passport, Permanent Resident Card, or Foreign Passport with an I-94 Form.

2. List B documents establish identity only, such as a State-issued Driver’s License, School ID card with a photograph, or a Native American tribal document.

3. List C documents establish employment authorization only, such as a Social Security Card, Birth Certificate, or Certification of Birth Abroad issued by the Department of State.

Employers must ensure that new hires provide original documents from these lists within three business days of their start date, and they must be inspected in the physical presence of the employee. It is crucial for employers to maintain compliance with these document requirements to avoid potential fines and penalties.

4. How soon after hiring must an employer complete Form I-9 for an employee?

An employer must complete Form I-9 for a new employee no later than the employee’s first day of work for pay. It is crucial to ensure the timely completion of Form I-9 to comply with U.S. immigration law requirements.

1. Failure to complete Form I-9 within the designated timeframe could result in penalties being levied against the employer by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE).
2. Complying with the requirement to complete Form I-9 on time helps to establish that the employer has verified the identity and employment authorization of the new hire, demonstrating a commitment to hiring a legally authorized workforce.
3. Employers should establish efficient processes for completing Form I-9 promptly upon hiring to avoid any compliance issues or potential fines. This may involve training HR personnel responsible for onboarding to understand the requirements and importance of Form I-9 completion.

5. What information must the employer provide on Form I-9?

On Form I-9, the employer must provide the following information:

1. Business or organization name: The employer must accurately provide the name of the business or organization where the individual is employed.

2. Employer’s business or organization address: The physical address of the employer’s business or organization must be included on the Form I-9.

3. Employer’s representative name: The employer must designate an individual as their authorized representative for I-9 purposes and provide this representative’s full name.

4. Employer’s representative title: The title or position of the designated employer representative must also be specified.

5. Employer’s representative signature and date: The designated representative must sign and date the Form I-9 to attest to the completion of the verification process.

Failure to accurately provide this information on Form I-9 can result in potential fines or penalties for the employer. It is crucial for employers to ensure that all sections of Form I-9 are completed correctly and in a timely manner to comply with federal regulations regarding employment eligibility verification.

6. Can an employer require specific documents from an employee for Form I-9 verification?

1. Yes, an employer can require specific documents from an employee for Form I-9 verification. However, it is important to note that an employer must allow employees to choose which documents to present from the Lists of Acceptable Documents included in the Form I-9 instructions. Employers cannot specify which documents an employee must present, as long as the documents are included on the lists.

2. Employers should treat all employees equally in the Form I-9 verification process and not request specific documents from certain individuals based on their perceived national origin or citizenship status. It is crucial to adhere to the anti-discrimination provisions outlined in the Immigration Reform and Control Act of 1986 (IRCA) during the verification process.

3. Employers should familiarize themselves with the document retention requirements related to Form I-9 verification. They must retain completed Form I-9s for each employee and any supporting documents for a designated period to comply with the regulations. Failure to maintain proper records can result in penalties for non-compliance with I-9 regulations.

In conclusion, while employers can request specific documents for Form I-9 verification, it is essential to do so in a manner that complies with the regulations, including allowing employees to choose which documents to present from the Lists of Acceptable Documents and avoiding discriminatory practices. Employers should also ensure they maintain accurate and up-to-date Form I-9 records to remain in compliance with the law.

7. What happens if an employee is unable to provide the required documents for Form I-9?

If an employee is unable to provide the required documents for Form I-9, the employer must follow specific procedures to stay compliant with the law. Here’s what typically happens in such a scenario:

1. The employer should allow the employee a reasonable amount of time to obtain and present the required documentation. This timeframe should be determined on a case-by-case basis and should not unduly delay the completion of the Form I-9.

2. During this period, the employer should not terminate or take any adverse action against the employee solely based on their inability to produce the required documents. Discrimination based on citizenship status or national origin is prohibited under federal law.

3. If the employee is unable to provide the necessary documents within the given timeframe, the employer may be required to terminate the employment as they would not be able to complete the Form I-9 and verify the employee’s work eligibility.

4. It is important for employers to document all steps taken in attempting to resolve the situation, including communication with the employee and any extensions granted. This documentation will be important in case of any audits or investigations by relevant authorities.

Ultimately, the employer’s responsibility is to ensure compliance with the Form I-9 requirements while also respecting the employee’s rights. Consulting with legal counsel or an HR expert in such situations can help navigate the process effectively and in accordance with the law.

8. Can an employer accept expired documents for Form I-9 verification?

No, expired documents cannot be accepted for Form I-9 verification. According to the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS), all documents presented during the employment eligibility verification process must be valid and unexpired. Accepting expired documents could potentially put the employer at risk of non-compliance with the law and result in penalties. It is essential for employers to carefully review all documents presented by employees and ensure that they are current and meet the requirements outlined in the Form I-9 instructions. If an employee presents expired documents, the employer should request valid and current alternatives to establish their work authorization and identity.

9. Can Form I-9 be completed electronically?

Yes, Form I-9 can be completed electronically using an electronic Form I-9 system that complies with the legal requirements outlined by the U.S. Citizenship and Immigration Services (USCIS). When completing Form I-9 electronically, it is important to ensure that the electronic system used meets certain criteria, such as:

1. The system must allow for the employee to attest to the information being true and correct.
2. The system must provide an option for the electronic signature of both the employer and the employee.
3. The system must retain the form and any supporting documentation for the required retention period.
4. The system must have the ability to produce a hard copy of the completed Form I-9 upon request by government authorities.

Employers should be aware of and follow the specific guidelines provided by the USCIS when choosing to complete Form I-9 electronically to ensure compliance with immigration laws and regulations.

10. What is the retention period for Form I-9 and supporting documentation?

The retention period for Form I-9 and its supporting documentation is divided into three main categories:

1. For active employees: The Form I-9 must be retained for as long as the individual is employed by the company. Once the employee is no longer with the organization, the form should be kept for at least three years after the date of hire or one year after the employee’s termination, whichever is later.

2. For terminated employees: If an employee is terminated, the Form I-9 should be retained for the same period as active employees, which is three years after the date of hire or one year after the employee’s termination, whichever is later.

3. For former employees: In cases where an employee’s employment is terminated, the Form I-9 should be stored separately from active employee records and in a secure location. It is crucial to have a consistent and organized system in place to ensure compliance with the retention requirements outlined by U.S. Citizenship and Immigration Services (USCIS).

Keeping accurate records and adhering to the I-9 retention period is essential for compliance with federal regulations and in the event of an audit by government agencies. Failure to retain Form I-9s and supporting documentation for the required period can result in significant fines and penalties for employers.

11. Can remote hires complete Form I-9 remotely?

Remote hires can complete Form I-9 remotely with certain limitations and requirements in place:

1. Remote hires are allowed to use an authorized representative to physically examine their original identity and employment authorization documents. This authorized representative could be someone the remote hire designates to act on their behalf, such as a notary public, accountant, or attorney.

2. The remote hire must receive and review Section 2 of Form I-9 from the authorized representative, and both parties must complete the form within the required timeframes.

3. The authorized representative must physically examine the employee’s original documents and confirm in Section 2 that they have done so. The remote hire then sends copies of the documents to the employer to retain with the completed Form I-9.

4. It is important for employers to ensure that the authorized representative is knowledgeable about the Form I-9 requirements and properly completes the form to avoid any compliance issues.

Overall, while remote hires can complete Form I-9 remotely with the help of an authorized representative, it is essential for employers to carefully follow the specific guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) to ensure compliance with federal regulations.

12. How should corrections be made to Form I-9 if errors are discovered?

Corrections to Form I-9 should be made in a specific manner to ensure compliance with regulations. Here is a step-by-step guide to making corrections:

1. Corrections to Section 1, completed by the employee:
– The employee should draw a line through the incorrect information.
– The employee should enter the correct information.
– The employee must initial and date the correction.

2. Corrections to Section 2, completed by the employer:
– The employer should draw a line through the incorrect information.
– The employer should enter the correct information.
– The employer must initial and date the correction.
– If a document was missing or not properly filled out, the employer should request the employee to provide the necessary information and complete a new Section 2.

3. If errors are discovered after the employee has left the company, the employer should still make the necessary corrections as outlined above.

It is essential to maintain accuracy on Form I-9 to ensure compliance with immigration laws and regulations. If corrections are made, it is recommended to keep a detailed record of the changes, including the reason for the correction and the date it was made.

13. What are the potential penalties for non-compliance with Form I-9 requirements?

Non-compliance with Form I-9 requirements can result in significant penalties for employers. These penalties can include fines ranging from $234 to $2,332 per violation for paperwork violations, where mistakes or omissions are made in completing or retaining Form I-9. Additionally, fines can reach up to $23,331 per violation for knowingly hiring or continuing to employ unauthorized workers. Furthermore, repeat offenders or those engaging in a pattern or practice of non-compliance can face even higher penalties, and in extreme cases, criminal charges may be brought against individuals responsible for the violations. It is critical for employers to ensure strict adherence to Form I-9 requirements to avoid these potential penalties and maintain compliance with immigration laws.

14. Can an employer discriminate against an employee based on the information provided on Form I-9?

No, an employer cannot discriminate against an employee based on the information provided on Form I-9. The purpose of the Form I-9 is to verify the identity and employment authorization of individuals hired for employment in the United States. Discrimination based on the information provided on this form, such as citizenship status or national origin, is prohibited by law. Specifically:

1. The Immigration Reform and Control Act (IRCA) prohibits discrimination based on citizenship or immigration status, national origin, or the I-9 verification process.
2. The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates and prosecutes charges of discrimination related to the employment eligibility verification process.
3. Employers must treat all employees equally and fairly regardless of their immigration status or national origin when it comes to verifying their eligibility to work in the United States.

Therefore, it is crucial for employers to adhere to anti-discrimination laws and guidelines when dealing with Form I-9 and the employment eligibility verification process to ensure a fair and legal workplace.

15. Can an employer use the E-Verify system as an alternative to Form I-9 verification?

1. Yes, E-Verify can be used by an employer as an alternative to Form I-9 verification for their newly hired employees as per federal law. E-Verify is an internet-based system that compares information from an employee’s Form I-9 to data from the U.S Department of Homeland Security and the Social Security Administration records to confirm employment eligibility. However, it’s important to note that E-Verify is not a replacement for Form I-9 but rather a complementary system to further validate an employee’s eligibility to work in the U.S.

2. The decision to use E-Verify instead of or in addition to Form I-9 verification is at the discretion of the employer, except in cases where a state may require the use of E-Verify for certain employers or industries. Employers who choose to use E-Verify must still complete and retain Form I-9 for all employees, as it is a legal requirement under the Immigration Reform and Control Act of 1986 (IRCA). Failure to properly complete and retain Form I-9 can result in fines and penalties for the employer.

3. Utilizing E-Verify can offer certain benefits to employers, such as added assurance of the validity of an employee’s work authorization and protection against potential hiring of unauthorized workers. Additionally, by using E-Verify, employers can receive notifications if there are any discrepancies in the information provided by an employee, allowing for timely resolution and compliance with immigration laws.

In conclusion, while E-Verify can be used as an alternative to Form I-9 verification, it is essential for employers to understand the legal requirements associated with both processes and ensure compliance to avoid any potential legal repercussions.

16. How should re-verification of employment authorization be handled for employees with temporary work authorization?

Re-verification of employment authorization for employees with temporary work authorization should be handled in a timely manner to ensure ongoing compliance with I-9 requirements. Here are some key steps to properly handle re-verification for such employees:

1. Monitor expiration dates: Keep track of expiration dates for employees with temporary work authorization to ensure timely re-verification.
2. Notify employees: Notify employees well in advance of the need for re-verification to provide them with sufficient time to gather necessary documents.
3. Request updated documents: Ask the employee to present updated work authorization documents before the current ones expire.
4. Complete Section 3 of the I-9 form: If re-verifying within 3 years of the initial hire date, complete Section 3 of the employee’s existing I-9 form. If it has been more than 3 years since the initial hire date, complete a new I-9 form.
5. Keep accurate records: Maintain accurate records of the re-verification process, including copies of the updated documents provided by the employee.
6. Stay informed: Stay updated on any changes to I-9 regulations and requirements related to re-verification of temporary work authorization.

By following these steps, employers can ensure that they are compliant with I-9 regulations when re-verifying employment authorization for employees with temporary work authorization.

17. What steps should an employer take to ensure compliance with Form I-9 requirements during an audit or inspection?

During an audit or inspection of Form I-9 documents, employers should take the following steps to ensure compliance:

1. Maintain accurate and complete Form I-9 records for all employees.
2. Conduct regular internal audits of Form I-9 documents to identify and correct any errors or omissions.
3. Ensure that employees complete Section 1 of the Form I-9 on their first day of employment and that the employer completes Section 2 within three business days.
4. Train human resources staff responsible for completing Form I-9 documents on the proper procedures and requirements.
5. Retain Form I-9 documents for the required period of time after an employee’s termination or three years after their hire date, whichever is later.
6. Respond promptly to any requests for additional documentation or information during an audit or inspection by immigration authorities.
7. Correct any errors or discrepancies found during an audit or inspection and document the actions taken to rectify the issues.

By following these steps and maintaining thorough records, employers can demonstrate compliance with Form I-9 requirements during an audit or inspection.

18. Can an employer designate an authorized representative to fill out Form I-9 on their behalf?

Yes, an employer can designate an authorized representative to fill out Form I-9 on their behalf. However, there are specific guidelines that must be followed:

1. The authorized representative must be someone who is designated and authorized by the employer to act on their behalf.
2. The employer is still ultimately responsible for the accuracy of the information on the Form I-9, even if it is completed by an authorized representative.
3. The authorized representative must complete Section 1 of the Form I-9 in the presence of the employee and review the employee’s original identity and employment authorization documents.
4. The authorized representative must complete Section 2 of the Form I-9 within three business days of the employee’s first day of employment.
5. The employer should ensure that the authorized representative is properly trained on the requirements of Form I-9 completion to avoid potential errors or violations.

Overall, while an employer can designate an authorized representative to fill out Form I-9 on their behalf, it is crucial to ensure that the individual selected is knowledgeable about the process and requirements to ensure compliance with immigration laws and regulations.

19. What are the specific requirements for completing Form I-9 for employees hired as a result of mergers or acquisitions?

When employees are hired as a result of mergers or acquisitions, specific requirements must be followed when completing Form I-9 to verify their employment eligibility. Here are the key steps that need to be taken:

1. Employers should review the Form I-9 records of the acquired employees to ensure that they are properly completed and up to date.

2. Any missing or incomplete Form I-9s should be completed promptly for each acquired employee to ensure compliance with the law.

3. Employers must retain the existing Form I-9 records for the acquired employees for the required period, which is either three years after the date of hire or one year after the employment relationship ends, whichever is later.

4. If the acquired employees will be working at a different location, employers may need to update the Form I-9 to reflect the new worksite address.

5. It is important for employers to communicate clearly with acquired employees about the Form I-9 process and any updates or changes that may occur as a result of the merger or acquisition.

By following these requirements and ensuring that all Form I-9 documentation is accurate and up to date, employers can maintain compliance with employment eligibility verification laws when hiring employees as a result of mergers or acquisitions.

20. Are there any state-specific considerations for Form I-9 compliance in South Carolina?

Yes, there are several state-specific considerations for Form I-9 compliance in South Carolina:

1. E-Verify Requirement: South Carolina has a state law requiring all employers to use the federal E-Verify system to confirm the work eligibility of newly hired employees. This means that employers in South Carolina must complete the I-9 process and also use E-Verify to further verify the work authorization of their employees.

2. Immigration Law Compliance: South Carolina is known for its strict immigration laws, and employers in the state must ensure compliance with all federal and state regulations regarding the employment of foreign workers. This includes proper completion and retention of Form I-9 and adherence to E-Verify requirements.

3. State-Specific Record-keeping: South Carolina employers must maintain I-9 forms for all employees for a period of three years after the date of hire or one year after the employee’s employment is terminated, whichever is later. This is in addition to the federal requirement to retain I-9 forms for three years after the date of hire or one year after employment is terminated, whichever is later.

4. Documentation Requirements: Employers in South Carolina must ensure that they are obtaining and retaining the necessary documentation from employees to establish their identity and work authorization. This includes acceptable forms of identification and supporting documentation as outlined in the Form I-9 instructions.

Overall, employers in South Carolina must be aware of and comply with both federal and state-specific requirements when it comes to Form I-9 compliance to avoid potential penalties and legal consequences.