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

The purpose of Form I-9 is to verify the identity and employment authorization of individuals hired for employment in the United States. By requiring employees to complete this form, employers are able to confirm that their workforce is authorized to work in the country, in compliance with the Immigration Reform and Control Act of 1986 (IRCA). Specifically, Form I-9 helps employers ensure that they are not unknowingly employing individuals who are not authorized to work in the U.S., thereby helping to maintain a legal workforce and prevent unauthorized employment. This form plays a critical role in upholding immigration laws and protecting the integrity of the U.S. workforce.

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

All U.S. employers must ensure that each new hire completes Form I-9, Employment Eligibility Verification. This includes both citizens and noncitizens. The form must be completed for all employees hired after November 6, 1986. Failure to verify employment eligibility and complete Form I-9 can result in fines and penalties for the employer. Additionally, employers must retain Form I-9 for a specified period of time after the employee’s termination. Overall, it is crucial for employers to comply with Form I-9 requirements to ensure they are hiring individuals who are authorized to work in the United States.

3. Are employers in New Hampshire required to use the most current version of the Form I-9?

Yes, employers in New Hampshire are required to use the most current version of the Form I-9, as mandated by federal law. Using the most up-to-date version helps ensure compliance with the Immigration Reform and Control Act of 1986, which requires employers to verify the identity and employment eligibility of their employees. Failure to use the current version of the Form I-9 can result in fines and penalties for non-compliance. It is essential for employers to stay informed about any updates or changes to the Form I-9 and use the latest version to accurately document their employees’ eligibility to work in the United States.

4. How long must employers in New Hampshire retain Form I-9s for current employees?

Employers in New Hampshire must retain Form I-9s for their current employees for a period of three years after the date of hire or one year after the date of termination, whichever is later. This regulation is in line with the requirements established by the U.S. Citizenship and Immigration Services (USCIS) for all employers across the country. Retaining Form I-9s for the specified period ensures that employers are compliant with federal and state laws and are able to provide documentation in the event of an audit or investigation by immigration authorities. It is crucial for employers in New Hampshire to establish and maintain a systematic process for managing Form I-9s to avoid potential fines or penalties for non-compliance.

5. What are the acceptable documents for establishing identity and employment authorization on the Form I-9?

The Form I-9 issued by the U.S. Citizenship and Immigration Services (USCIS) requires employees to present specific documents that establish both identity and employment authorization. There are three lists of acceptable documents that individuals can choose from when completing the Form I-9, and these lists include:

1. List A: Documents that establish both identity and employment authorization. Examples include a U.S. Passport or Passport Card, Permanent Resident Card (Green Card), Employment Authorization Document (EAD), or foreign passport with a Form I-94.

2. List B: Documents that establish identity. These include a state-issued driver’s license or identification card, a school ID card with a photograph, a voter registration card, or a U.S. military card or draft record.

3. List C: Documents that establish employment authorization. Examples include a Social Security card, a birth certificate issued by a U.S. state, a Native American tribal document, or a Form I-94 with a foreign passport.

It is important for employees to provide the necessary documents from these lists in order to verify their eligibility to work in the United States and to complete the Form I-9 accurately.

6. Can employers in New Hampshire accept expired documents for the Form I-9?

No, employers in New Hampshire should not accept expired documents for the Form I-9. The U.S. Citizenship and Immigration Services (USCIS) requires employers to only accept unexpired documents to verify the identity and work eligibility of their employees. Accepting expired documents could result in non-compliance with federal immigration laws and could lead to potential fines or penalties for the employer. It is essential for employers in New Hampshire to stay up-to-date with the latest guidance from USCIS regarding acceptable documents for the Form I-9 to ensure full compliance with the law.

7. Are employers in New Hampshire required to reverify employment authorization for employees with temporary work authorization?

Yes, employers in New Hampshire are required to reverify employment authorization for employees with temporary work authorization. When an employee’s work authorization expires, the employer must reverify the employee’s employment eligibility by completing Section 3 of the Form I-9 no later than the date of expiration of the employee’s authorization. The reverification process involves reviewing the new document(s) presented by the employee to establish continued employment eligibility. It is crucial for employers to stay compliant with federal regulations regarding reverification to avoid penalties and potential legal issues. Moreover, it is essential to keep track of employees’ work authorization expiration dates to ensure timely reverification.

8. How should errors on the Form I-9 be corrected?

Errors on the Form I-9 should be corrected promptly to ensure compliance with the law. Here is a step-by-step guide on how to correct errors on the Form I-9:

1. If an error is made in Section 1 by the employee, the employee should draw a line through the incorrect information, enter the correct information, and initial and date the correction.

2. If an error is made in Section 2 or 3 by the employer, the employer should draw a line through the incorrect information, enter the correct information, and initial and date the correction.

3. Corrections should be made in a way that allows the original information to still be read.

4. If multiple errors are made on the form, consider completing a new Form I-9 to ensure clarity and accuracy.

It is important to note that the corrections should be made as soon as the error is discovered, and all corrections should be made in a manner that is clearly documented and does not attempt to conceal the original mistake. Keeping accurate and updated records is crucial for maintaining compliance with Form I-9 requirements.

9. Can employers in New Hampshire use electronic systems for completion and storage of Form I-9s?

Yes, employers in New Hampshire can use electronic systems for completing and storing Form I-9s, as long as they comply with the guidelines set forth by the U.S. Citizenship and Immigration Services (USCIS). Here are some key points to consider:

1. Employers must ensure that their electronic I-9 system meets all requirements outlined in the USCIS Handbook for Employers (M-274).
2. The electronic system must provide safeguards against unauthorized access, tampering, and data loss to ensure the security and integrity of the Form I-9 data.
3. Employers using an electronic I-9 system must be able to produce the forms and any associated documentation requested by government agencies within a specified timeframe.
4. It is recommended that employers consult with legal counsel or an expert in I-9 compliance to ensure that their electronic system is in compliance with federal regulations.

Overall, electronic systems offer convenience and efficiency for managing Form I-9s, but it is essential for employers to follow the prescribed guidelines to avoid potential penalties for non-compliance.

10. Can employers in New Hampshire request specific documents for Form I-9 verification?

Yes, employers in New Hampshire, like all employers in the United States, can request specific documents for Form I-9 verification. However, it is important to note that employers must adhere to the guidelines set forth by the U.S. Citizenship and Immigration Services (USCIS) regarding acceptable documents for the Form I-9 process.

1. Employers cannot request specific documents based on an individual’s citizenship or national origin.
2. Employers must allow employees to choose which documents to present from the lists of acceptable documents provided by the USCIS.
3. It is illegal for employers to specify certain documents over others or to request more documents than are required for Form I-9 verification.

Overall, while employers can request specific documents for Form I-9 verification, they must do so in compliance with federal law and USCIS guidelines to avoid potential discrimination and legal issues.

11. What are the consequences of failing to properly complete and retain Form I-9s in New Hampshire?

In New Hampshire, failing to properly complete and retain Form I-9s can have significant consequences for employers. These consequences can include:

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

2. Criminal penalties: In cases of deliberate and willful violations of Form I-9 requirements, employers can face criminal penalties, including fines and even imprisonment.

3. Business disruptions: Failing to comply with Form I-9 requirements can lead to business disruptions, such as workplace raids by ICE, which can negatively impact employee morale, productivity, and overall business operations.

4. Loss of workforce: Noncompliance with Form I-9 requirements can result in the loss of valuable employees who may be subject to deportation or other immigration consequences due to the employer’s negligence.

5. Reputational damage: Failure to properly complete and retain Form I-9s can tarnish an employer’s reputation and result in negative publicity, which can harm relationships with customers, partners, and the community at large.

In conclusion, the consequences of failing to properly complete and retain Form I-9s in New Hampshire can be severe and far-reaching, posing legal, financial, and reputational risks to employers. It is crucial for employers to understand and comply with Form I-9 requirements to avoid these consequences and ensure a compliant and productive workforce.

12. Are remote hires in New Hampshire subject to the same Form I-9 requirements as in-person hires?

Yes, remote hires in New Hampshire are subject to the same Form I-9 requirements as in-person hires. The Form I-9, which is used for verifying the identity and employment authorization of individuals hired for employment in the United States, applies to all employees hired, regardless of where they work. Employers must ensure that remote hires complete Section 1 of the Form I-9 on or before their first day of employment, and that the employer or an authorized representative reviews the original identity and employment authorization documents in the physical presence of the employee for Section 2 verification. There are specific guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) for completing the Form I-9 for remote hires, including utilizing authorized representatives to conduct in-person document verification on behalf of the employer when necessary. Additionally, employers must still retain the completed Form I-9 and copies of the documents presented by remote hires just as they would for in-person hires.

13. Are employers in New Hampshire required to provide Form I-9 training to employees responsible for completing the form?

Yes, employers in New Hampshire are required to provide Form I-9 training to employees responsible for completing the form. This training ensures that employees understand the requirements of the form, how to properly fill it out, and the importance of verifying the employment eligibility of new hires. Providing training also helps prevent errors and potential violations of immigration laws. Failure to provide adequate training can lead to fines and penalties for non-compliance with Form I-9 requirements. It is essential for employers to stay informed about the latest guidelines and regulations regarding the Form I-9 to maintain compliance with federal law.

14. Can employers in New Hampshire face penalties for discriminatory practices related to Form I-9 completion?

Yes, employers in New Hampshire can face penalties for discriminatory practices related to Form I-9 completion. The United States Citizenship and Immigration Services (USCIS) enforces the regulations pertaining to the Form I-9 process. Discriminatory practices can include requesting specific documents based on an individual’s citizenship or national origin, refusing to accept documents that reasonably appear to be genuine, or requiring more or different documents than are required by the Form I-9 process. Penalties for discrimination can range from fines to potential criminal charges, depending on the severity of the violation. It is crucial for employers to ensure they are following the I-9 verification process correctly and treating all employees equally to avoid facing such penalties in New Hampshire or any other state.

15. Can employers reverify permanent residents who present a Green Card for Form I-9 verification?

Yes, employers can reverify permanent residents who present a Green Card for Form I-9 verification under certain circumstances. Reverification can be necessary when an individual’s employment authorization has expired or is about to expire. Employers are required to reverify the employment authorization of employees with temporary work authorization, such as permanent residents with expiring Green Cards, by completing Section 3 of Form I-9. Reverification should be done before the current work authorization expires to ensure compliance with employment eligibility verification laws. It is important for employers to carefully track the expiration dates of work authorization documents and follow the proper procedures for reverification to avoid potential penalties for noncompliance with Form I-9 requirements.

16. How should employers handle Form I-9 documentation for employees on leaves of absence in New Hampshire?

Employers in New Hampshire should handle Form I-9 documentation for employees on leaves of absence by ensuring that the required sections of the form are properly completed and maintained, even for employees who are not actively working. Here are some key points to consider:

1. Employees on leave of absence are still considered employees under the Immigration and Nationality Act and are subject to Form I-9 requirements.

2. Employers should make sure that the Form I-9 is completed no later than the employee’s first day of work, even if that falls during the leave period.

3. Employers may need to reverify employment authorization documents upon the employee’s return to work if the documents presented at the time of hire have since expired.

4. Employers must keep Form I-9 documentation for all employees, including those on leaves of absence, for the required retention period after the employee’s hire date or termination date, whichever is later.

By following these guidelines, employers in New Hampshire can ensure compliance with Form I-9 requirements for employees on leaves of absence.

17. Are employers required to submit Form I-9s to any government agency in New Hampshire?

Employers in New Hampshire are required to retain Forms I-9 for each employee for a certain period of time but are not required to submit them to any government agency unless specifically requested for inspection by authorized officials, such as representatives from the Department of Homeland Security, the Department of Labor, or the Department of Justice. It is essential for employers to keep Form I-9s on file for three years after the date of hire or one year after the individual’s employment is terminated, whichever is later. Failure to produce Form I-9s for inspection when requested by government officials can result in penalties and fines for non-compliance with federal immigration laws. Employers should ensure proper completion, retention, and storage of Form I-9s to comply with the law and be prepared for any potential audits.

18. Can employers designate authorized representatives to complete Form I-9s on their behalf in New Hampshire?

Yes, employers in New Hampshire can designate authorized representatives to complete Form I-9s on their behalf, as long as certain requirements are met:

1. The employer must ensure that the authorized representative fully understands the Form I-9 requirements and duties.
2. The authorized representative must complete the Form I-9 in the physical presence of the employee.
3. The employer remains ultimately responsible for ensuring that the Form I-9 is completed correctly and in a timely manner, even if an authorized representative completes it on their behalf.

Employers should carefully select and train their authorized representatives to ensure compliance with the Form I-9 regulations and avoid potential penalties for non-compliance.

19. Are agricultural employers in New Hampshire subject to the same Form I-9 requirements as other employers?

1. Yes, agricultural employers in New Hampshire are subject to the same Form I-9 requirements as other employers. The Form I-9, Employment Eligibility Verification, is a mandatory form that all employers must complete for each individual they hire in the United States to verify the employee’s identity and authorization to work in the country. This requirement applies to employers in all industries, including agricultural employers in New Hampshire.

2. Agricultural employers in New Hampshire must ensure that they properly complete Form I-9 for all of their employees, including verifying the employee’s identity and work authorization documents, retaining the form for the required period of time, and being able to present the form for inspection by authorized government officials if requested. Failure to comply with Form I-9 requirements can result in significant fines and penalties for employers, regardless of the industry in which they operate.

3. To ensure compliance with Form I-9 requirements, agricultural employers in New Hampshire should stay informed of any updates or changes to the form and its instructions issued by the U.S. Citizenship and Immigration Services (USCIS). Employers should also establish and maintain sound recordkeeping practices to retain Form I-9s and supporting documentation for the required period, as well as conduct regular internal audits to identify and correct any errors or deficiencies in their Form I-9 process. By adhering to these best practices, agricultural employers in New Hampshire can mitigate the risk of noncompliance and ensure that they are meeting their obligations under the law.

20. How do recent changes in immigration policy impact Form I-9 requirements for employers in New Hampshire?

Recent changes in immigration policy can impact Form I-9 requirements for employers in New Hampshire in several key ways:

1. Increased enforcement: Changes in immigration policy may lead to increased scrutiny and enforcement of immigration laws, resulting in higher chances of audits and inspections by Immigration and Customs Enforcement (ICE). Employers in New Hampshire need to ensure strict compliance with Form I-9 requirements to avoid penalties and potential legal consequences.

2. Changes in document validity: Immigration policy changes may affect the validity of certain documents that can be used to complete Form I-9, such as work authorization cards or visas. Employers need to stay updated on any changes in acceptable documents and properly verify the eligibility of their employees to work in the U.S.

3. Changes in verification procedures: Changes in immigration policy may also impact the procedures for verifying employment eligibility, including updates to the electronic Form I-9 system or modifications to the verification process itself. Employers in New Hampshire should be aware of any changes and ensure they are following the most current guidelines provided by the U.S. Citizenship and Immigration Services (USCIS).

Overall, employers in New Hampshire must closely monitor any recent changes in immigration policy that may impact Form I-9 requirements to ensure compliance and avoid potential legal issues.