1. What is Form I-9 and who is required to complete it in California?

Form I-9 is a U.S. Citizenship and Immigration Services (USCIS) document used to verify the identity and employment authorization of individuals hired for employment in the United States. It is mandated by the Immigration Reform and Control Act of 1986 (IRCA) and is required for all employees hired in the country, including citizens and non-citizens. In California, as well as in the rest of the United States, both employees and employers are legally obligated to complete Form I-9. This means that every employee, regardless of their immigration status, must complete Section 1 of Form I-9 on their first day of employment, and employers must verify the identity and employment authorization of their employees by completing Section 2 within three business days of the employee’s hire date. Failure to comply with Form I-9 requirements can result in penalties for employers, so it is essential to ensure proper completion and retention of these forms.

2. What are the acceptable documents for employees to present during the Form I-9 process in California?

In California, employees must present specific documents during the Form I-9 process to establish their identity and work authorization. Acceptable documents include:
1. List A Documents: These documents establish both identity and work authorization. Examples include a U.S. Passport, Permanent Resident Card, or Employment Authorization Document.
2. List B Documents: These documents establish identity only. Examples include a state-issued driver’s license, U.S. military ID card, or school ID card with a photograph.
3. List C Documents: These documents establish work authorization only. Examples include a Social Security card, birth certificate, or a Native American tribal document.

Employers in California must ensure that employees present valid and unexpired documents from the Lists of Acceptable Documents provided by the U.S. Citizenship and Immigration Services (USCIS). It is essential for employers to carefully review and verify these documents to ensure compliance with federal immigration laws. Failure to properly complete the Form I-9 process can result in significant fines and penalties for employers.

3. Can employers in California electronically complete and retain Form I-9?

Yes, employers in California can electronically complete and retain Form I-9 as long as they comply with the specific requirements outlined by the U.S. Citizenship and Immigration Services (USCIS). These requirements include:

1. Using an electronic Form I-9 system that meets all the regulatory standards set forth by USCIS, such as having certain security features and capabilities to create, sign, and store the electronic forms.
2. Ensuring the system used allows for both the employer and employee sections of the Form I-9 to be completed accurately and securely.
3. Maintaining proper safeguards to protect the confidentiality and integrity of the information contained in the electronic Form I-9, including implementing measures against unauthorized access or tampering.
4. Retaining the Form I-9 and any associated documentation for the required period, which is either three years after the date of hire or one year after employment ends, whichever is later.

Employers in California considering using electronic systems for Form I-9 completion and retention should carefully review the USCIS guidelines and ensure full compliance with all the necessary requirements.

4. What are the timeframes for completing Form I-9 in California?

In California, employers are required to complete and retain Form I-9 for each newly hired employee. The timeframe for completing Form I-9 consists of several key deadlines:

1. Section 1 of Form I-9 must be completed by the employee no later than the first day of employment.

2. Section 2 of Form I-9 must be completed by the employer within three business days of the employee’s start date. This includes physically examining the original documents presented by the employee to establish their identity and work authorization.

3. Any corrections or updates needed on Form I-9 should be made promptly, with the corrections initialed and dated by the person making the changes.

4. Employers in California are also required to retain Form I-9 for the duration of the individual’s employment and for a period of either three years after the date of hire or one year after the employment relationship ends, whichever is later.

It is crucial for employers in California to adhere to these specific timeframes to ensure compliance with immigration laws and regulations related to employment eligibility verification. Failure to complete Form I-9 within the required timeframes can result in fines, penalties, and potential legal consequences for the employer.

5. What are the consequences of not properly completing Form I-9 in California?

Failure to properly complete Form I-9 in California can have serious consequences for employers. Here are five key consequences:

1. Fines: Employers who fail to properly complete and maintain Form I-9 can face significant fines. In California, penalties for violations of Form I-9 requirements range from $230 to $2,292 per violation.

2. Legal Liabilities: Employers may face legal liabilities for failing to properly verify the employment eligibility of their workers. This can result in costly litigation, damages, and reputational harm.

3. Loss of Workforce: Employers who do not comply with Form I-9 requirements may lose their workforce if employees are found to be unauthorized to work in the United States. This can disrupt operations and lead to productivity losses.

4. Government Audits: Employers who are found to have violated Form I-9 requirements may be subject to government audits by agencies such as Immigration and Customs Enforcement (ICE). These audits can be time-consuming, expensive, and disruptive to business operations.

5. Loss of Business Opportunities: Non-compliance with Form I-9 requirements can also lead to loss of business opportunities, as some clients or partners may require proof of compliance as a condition of doing business. This can result in missed contracts or partnerships.

In conclusion, failing to properly complete Form I-9 in California can have serious repercussions for employers, including fines, legal liabilities, workforce disruptions, government audits, and loss of business opportunities. It is essential for employers to take Form I-9 compliance seriously and ensure that they are following all requirements to mitigate these risks.

6. Can employers in California reverify the employment eligibility of their employees?

Yes, employers in California can reverify the employment eligibility of their employees under certain circumstances. Reverification is typically required when an employee’s employment authorization document (EAD) or other relevant documentation expires. Employers must complete Section 3 of the employee’s Form I-9 and retain the updated documentation in their records. It is important for employers to stay informed about any changes in their employees’ work status and to comply with all regulations regarding reverification to ensure their workforce remains eligible to work in the United States. Failure to comply with reverification requirements can result in penalties and fines for the employer.

7. What are some best practices for employers in California when completing Form I-9?

Employers in California must adhere to federal guidelines when completing Form I-9 for employment eligibility verification. Here are some best practices specifically for employers in California:

1. Provide proper training: Employers should ensure that designated staff members responsible for completing Form I-9 are trained on the form’s requirements and the verification process.

2. Use the most current version of Form I-9: Employers in California should always use the most up-to-date version of Form I-9 provided by the U.S. Citizenship and Immigration Services (USCIS).

3. Verify documents carefully: Employers should carefully review and authenticate the original documents presented by employees to establish their identity and work authorization.

4. Maintain accurate records: Employers must retain completed Form I-9s for each employee and keep them on file for the required period after the employee’s termination.

5. Avoid discrimination: Employers should treat all employees equally during the verification process and refrain from discriminating based on citizenship status or national origin.

6. Conduct internal audits: Regularly auditing Form I-9 records can help ensure compliance with federal regulations and identify any potential errors or issues that need to be addressed.

7. Seek legal guidance: When in doubt or facing complex scenarios, employers in California should consider seeking legal advice from an attorney experienced in immigration law to ensure compliance with federal and state regulations.

8. How long should employers in California retain completed Form I-9s?

Employers in California are required to retain completed Form I-9s for each current employee for as long as that individual works for the company. For employees who have been terminated, employers must retain their Form I-9 for at least three years from the date of hire or one year after termination, whichever is later. It is important for employers to store these forms securely and maintain them in a manner that allows for easy retrieval in case of an audit by the Department of Homeland Security, Immigration and Customs Enforcement, or the Department of Labor. Retaining Form I-9s for the required period ensures compliance with federal and state regulations and helps protect the employer from potential fines and penalties for non-compliance.

9. Are remote hires subject to the same Form I-9 requirements in California?

Yes, remote hires in California are subject to the same Form I-9 requirements as in-person hires. When hiring remote employees, employers must still properly complete Form I-9 to verify the identity and employment authorization of the employee. Here are some key points to consider:

1. Remote hires must still complete Section 1 of Form I-9 on or before their first day of employment, just like in-person hires.
2. Employers must provide detailed instructions to remote hires on how to complete Section 2 of Form I-9, which entails presenting their original employment authorization documents to a qualified representative for verification within three business days of the start of their employment.
3. Employers must ensure proper retention of Form I-9 and supporting documentation for remote employees as per federal regulations. This includes storing and maintaining the form securely and in compliance with recordkeeping requirements, even if the new employee is working remotely from California.

In essence, remote hires in California are held to the same Form I-9 standards as traditional hires, and employers must diligently adhere to these requirements to maintain compliance with federal immigration laws.

10. Can employers in California use E-Verify in addition to completing Form I-9?

Yes, employers in California can use E-Verify as an additional tool to verify employment eligibility of new hires, but they must still complete Form I-9 for every employee hired. Here’s more information:

1. Form I-9 is a mandatory document required by federal law for all employers in the United States to verify the identity and employment eligibility of employees hired after November 6, 1986.
2. E-Verify is an optional system that allows employers to electronically verify the work eligibility of newly hired employees based on information provided on Form I-9.
3. While E-Verify can be used as an additional step to enhance the verification process, it does not replace the need for completing and retaining Form I-9 for each employee.
4. Employers in California must follow both federal and state regulations regarding employment verification, which includes using E-Verify responsibly in addition to Form I-9.
5. It is important for employers to understand the requirements and potential implications of using E-Verify to avoid any discrimination or legal issues in the employment verification process.

11. What are the requirements for employers in California when it comes to correcting errors on Form I-9?

In California, employers are required to correct any errors or omissions on Form I-9 as soon as they are discovered. Employers should make the corrections in a way that does not obscure the original information and must clearly indicate that the changes were made and the date they were corrected. Additionally, employers should never backdate any changes made on the Form I-9. It is important to maintain the integrity of the form and ensure that all corrections are accurate and properly documented.

1. Corrections should be made in the margins of the form or in a separate attachment.
2. Employers should always use a different color ink to make corrections to distinguish them from the original information.
3. Employers should never conceal any errors or make changes that alter the form’s original content.
4. If a mistake was made in Section 1 by the employee, they should draw a line through the incorrect information, write the correct information, and initial and date the correction.
5. If a mistake was made in Section 2 or 3 by the employer, they should cross out the incorrect information, write the correct information, and initial and date the correction.
6. Employers should ensure that all corrections are made by the appropriate authorized personnel.
7. Employers should maintain a record of all corrections made to Form I-9 for audit and compliance purposes.
8. Employers should review Form I-9 regularly to ensure accuracy and compliance with state and federal regulations.

12. Are there any specific nuances or differences when completing Form I-9 for remote employees in California?

When completing Form I-9 for remote employees in California, there are several specific nuances to be aware of:

1. Remote Verification: Employers must follow the guidelines for remote verification as outlined by the Department of Homeland Security. Remote employees in California must have their identity and employment authorization documents inspected and verified through video conferencing, fax, or email.

2. Electronic Signatures: California has specific laws regarding electronic signatures. Employers must ensure that remote employees are able to electronically sign the Form I-9 using compliant software or applications.

3. Retention Requirements: Employers must have a system in place to securely store and retain the Form I-9 and any supporting documents for remote employees in California. These records must be readily available for inspection by government officials.

4. State-Specific Forms: California employers may also be subject to additional state-specific forms or requirements when onboarding remote employees. It is important to stay informed about any state-specific nuances or differences that may impact Form I-9 compliance.

Overall, completing Form I-9 for remote employees in California requires careful attention to detail and adherence to both federal and state guidelines to ensure compliance with employment eligibility verification laws.

13. How should employers handle situations where an employee’s work authorization documentation is set to expire?

When an employee’s work authorization documentation is set to expire, employers should promptly remind the employee to provide updated and valid documents before the current ones expire. Here are some steps employers can take to handle this situation effectively:

1. Communicate clearly with the employee: Inform the employee in writing about the upcoming expiration of their work authorization documents and the deadline by which they need to submit the updated documents.

2. Provide guidance to the employee: Offer assistance in understanding the types of documents that are acceptable for re-verification and provide resources such as the List of Acceptable Documents from the I-9 form.

3. Allow time for the employee to obtain new documents: Be understanding of any delays the employee may face in acquiring updated work authorization documents and provide reasonable extensions if needed.

4. Follow I-9 re-verification procedures: Once the employee submits new documents, review them for validity and complete Section 3 of the I-9 form no later than the expiration date of the employee’s current work authorization documents.

5. Maintain proper documentation: Keep a copy of the updated documents in the employee’s personnel file and ensure all I-9 records are kept separate from personnel files in case of an audit.

6. Stay compliant with the law: Ensure that all actions taken regarding re-verifying work authorization documents comply with applicable laws and regulations to avoid potential fines or penalties.

By following these steps, employers can effectively handle situations where an employee’s work authorization documentation is set to expire while maintaining compliance with I-9 requirements.

14. Can employers in California face penalties for committing document abuse during the Form I-9 process?

Yes, employers in California can face penalties for committing document abuse during the Form I-9 process. Document abuse refers to the unlawful discrimination against individuals based on their citizenship status or national origin during the verification process. The penalties for document abuse can be severe and include fines, back pay awards, and reinstatement of terminated employees. Under the Immigration and Nationality Act (INA), employers are prohibited from requesting more or different documents than are required for Form I-9, refusing to honor documents that reasonably appear to be genuine, or knowingly accepting documents that appear to be fraudulent. Employers found guilty of document abuse may also be required to undergo compliance training and be subject to monitoring by the Department of Justice. It is crucial for employers to understand and comply with the anti-discrimination provisions of the INA to avoid facing penalties for document abuse during the Form I-9 process.

15. Are there any specific requirements or considerations for employers in California regarding Form I-9 retention for terminated employees?

In California, employers are required to retain Form I-9 for terminated employees for a specific period of time after the termination date. Here are some key requirements and considerations to keep in mind:

1. Retention Period: Employers in California must retain Form I-9 for terminated employees for a minimum of three years from the date of hire or for one year after the employee’s termination date, whichever is later.

2. Storage and Accessibility: Employers must store Form I-9 for terminated employees in a manner that allows for easy retrieval and inspection by federal authorities, such as Immigration and Customs Enforcement (ICE) and the Department of Labor.

3. Compliance with State Laws: Employers in California must also ensure that they are complying with any state-specific laws or regulations regarding the retention and maintenance of employee records, including Form I-9.

4. Data Security: It is important for employers to take appropriate measures to safeguard the confidentiality and security of Form I-9 and other employee records, especially for terminated employees, to protect sensitive personal information from unauthorized access or disclosure.

By following these requirements and considerations, employers in California can ensure compliance with Form I-9 retention obligations for terminated employees and mitigate the risk of potential penalties or sanctions for non-compliance.

16. What is the interaction between Form I-9 and California state-specific employment verification laws?

The interaction between Form I-9 and California state-specific employment verification laws is significant and employers in California must comply with both federal and state requirements. Here are some key points to consider:

1. California employers are required to complete Form I-9 for all employees hired to work in the United States, regardless of their immigration status.

2. California state law (AB 450) places certain restrictions on how employers can interact with immigration enforcement agencies, and employers are required to provide notice to employees of any worksite enforcement actions within 72 hours.

3. Employers in California must also comply with state laws that prohibit discrimination based on national origin or citizenship status in the hiring process, which align with the anti-discrimination provisions of the Immigration Reform and Control Act (IRCA) that govern Form I-9 verification.

4. California employers are subject to fines and penalties for non-compliance with both federal Form I-9 requirements and state-specific employment verification laws.

In summary, California employers must navigate the complexities of both federal and state laws when it comes to employment verification, including Form I-9 compliance and state-specific requirements, to ensure they are meeting their obligations and avoiding potential legal liabilities.

17. Are there any updates or changes to Form I-9 requirements that employers in California should be aware of?

Yes, there are several updates and changes to Form I-9 requirements that employers in California should be aware of:

1. Remote verification flexibility: Due to the ongoing COVID-19 pandemic, employers in California, along with the rest of the country, have been granted temporary flexibility in verifying identity and employment authorization documents for remote employees. This temporary policy allows for remote inspection of documents (e.g., via video link, fax, email) within three business days of the employee’s start date.

2. Revised Form I-9: Employers should ensure they are using the most recent version of Form I-9, which was last revised in October 2019. The current form has an expiration date of October 31, 2022. Employers should also be aware of any future updates or changes to the form and stay informed on USCIS guidance.

3. Enhanced compliance and enforcement: Employers in California should be vigilant about maintaining accurate and up-to-date Form I-9 records for all employees. Immigration and Customs Enforcement (ICE) has increased its audits and worksite enforcement actions in recent years, emphasizing the importance of compliance with Form I-9 requirements.

4. E-Verify participation: While E-Verify is not currently required for all employers in California, some entities may be subject to state or local laws mandating E-Verify participation. Employers should be aware of any such requirements and ensure compliance with both federal Form I-9 and any applicable E-Verify regulations.

In summary, employers in California should stay informed about updates and changes to Form I-9 requirements, maintain accurate records, and ensure compliance with both federal and any relevant state or local regulations regarding employment eligibility verification.

18. How does California law impact the employment eligibility verification process for DACA recipients and other categories of individuals with temporary work authorization?

1. California law impacts the employment eligibility verification process for DACA recipients and other individuals with temporary work authorization by providing additional protections and requirements beyond what is mandated by federal law. Specifically, the California Labor Code prohibits employers from discriminating against applicants or employees based on their immigration status, including those who are DACA recipients or have temporary work authorization.

2. In addition, California employers are required to comply with the state’s Immigrant Worker Protection Act (AB 450), which restricts employers from granting federal immigration enforcement agents access to nonpublic areas of the workplace without a judicial warrant. This law also requires employers to provide notice to employees before and after certain immigration-related inspections take place.

3. Furthermore, California law allows individuals with temporary work authorization, including DACA recipients, to apply for professional licenses and certifications that are necessary for certain occupations. This provides additional opportunities for individuals with temporary work authorization to fully participate in the workforce and pursue their career goals.

Overall, California’s laws regarding employment eligibility verification for DACA recipients and individuals with temporary work authorization serve to protect their rights, promote inclusivity in the workplace, and provide opportunities for these individuals to contribute to the state’s economy.

19. Can employers in California face discrimination claims related to the Form I-9 process?

Yes, employers in California can face discrimination claims related to the Form I-9 process. It is important for employers to ensure that they do not engage in discriminatory practices during the verification process, as this can lead to legal consequences. Discrimination can occur if an employer treats individuals differently based on their national origin, citizenship status, or immigration status when verifying their employment eligibility through the Form I-9 process. This can include demanding specific documents based on an individual’s perceived national origin, refusing to accept valid documents, or selectively verifying the employment eligibility of certain individuals. Any discriminatory practices can result in claims of discrimination under federal anti-discrimination laws such as the Immigration and Nationality Act (INA) and the California Fair Employment and Housing Act. Employers should ensure that they follow proper procedures and treat all employees equally during the Form I-9 verification process to avoid discrimination claims.

20. Are there any resources or trainings available to help employers in California understand and comply with Form I-9 requirements?

Yes, there are several resources and trainings available to help employers in California understand and comply with Form I-9 requirements:

1. The U.S. Citizenship and Immigration Services (USCIS) offers free webinars, online resources, and guides specifically designed to assist employers with Form I-9 compliance. These resources cover topics such as completing the form accurately, verifying employment eligibility, and maintaining proper documentation.

2. The California Employment Development Department (EDD) also provides guidance and tools for employers regarding Form I-9 requirements. Employers can access online tutorials, workshops, and informational materials to help them navigate the process effectively.

3. Additionally, numerous law firms and HR consulting companies in California offer training sessions and workshops on Form I-9 compliance. These sessions often provide practical tips, case studies, and best practices to ensure employers understand their responsibilities under the law.

By taking advantage of these resources and trainings, employers in California can stay informed about Form I-9 requirements, reduce the risk of potential violations, and maintain a compliant workforce.