1. What is the purpose of 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 completing this form, both the employer and the employee attest to the employee’s eligibility to work in the country. The form requires employees to provide certain documents to establish their identity and work authorization, which the employer then reviews to ensure they appear to be genuine and relate to the employee. This process helps prevent unauthorized individuals from obtaining employment in the U.S. and ensures that all individuals hired are legally allowed to work. Additionally, Form I-9 helps employers comply with their legal obligations under the Immigration Reform and Control Act of 1986 (IRCA), which mandates verification of the identity and work eligibility of all employees hired in the U.S.

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

All employers in the United States are required to complete Form I-9 for every employee hired after November 6, 1986. This includes both citizen and noncitizen employees. It is the responsibility of the employer to ensure that the Form I-9 is completed accurately and on time for each employee. Failure to comply with Form I-9 requirements can result in serious penalties for employers, including fines and potential legal action. It is crucial for employers to understand their obligations under the law and to stay compliant with Form I-9 regulations to avoid any potential liabilities.

3. What types of documents are acceptable for Form I-9 verification?

When completing Form I-9 verification, employees have the option to present various combinations of documents to establish their identity and work authorization. There are three main categories of acceptable documents:

1. List A documents: These are documents that establish both identity and employment authorization, such as a U.S. Passport, Permanent Resident Card, or Employment Authorization Document.

2. List B documents: These are documents that establish identity only, such as a driver’s license or state-issued ID card. These must be accompanied by a List C document to establish work authorization.

3. List C documents: These are documents that establish work authorization, such as a Social Security card, birth certificate, or a employment authorization document.

Employers must ensure that employees present the required documents from these lists within three business days of starting work and that the documents are original and unexpired. It is important for employers to familiarize themselves with the acceptable document combinations to ensure compliance with Form I-9 requirements.

4. How long do employers need to retain Form I-9 records?

Employers are required to retain Form I-9 records for a specific period of time. The regulations state that businesses must keep completed Form I-9s for all current employees and for a certain period after an employee’s termination or departure. Here are the applicable timelines:

1. For current employees: Employers must retain Form I-9s for as long as individuals are employed by the company.
2. For former employees: Form I-9s for former employees should be retained for a period of either three years after the date of hire or one year after the date of termination, whichever is later.

It is crucial for employers to adhere to these recordkeeping requirements to ensure compliance with immigration laws and regulations. Failure to retain Form I-9 records for the specified period can result in penalties and fines during audits by the U.S. Immigration and Customs Enforcement (ICE) agency.

5. Can employers request specific documents for Form I-9 verification?

Yes, employers can request specific documents for Form I-9 verification, but they must comply with the regulations set forth by the U.S. Citizenship and Immigration Services (USCIS). When completing the Form I-9, employees have the right to choose which documents they present from the lists of acceptable documents provided by USCIS. Employers cannot specify which documents an employee must present; they can only provide the lists and accept any combination of documents that meets the requirements. It is essential for employers to treat all employees consistently and not to discriminate by requesting specific types of documents based on the individual’s national origin or citizenship status. Employers must also avoid requesting more or different documents than those required by the Form I-9 instructions. Failure to comply with these guidelines can lead to potential discrimination claims or penalties for the employer.

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

No, employers cannot accept expired documents for Form I-9 verification. To properly complete the Form I-9, employees must present unexpired original documents that establish both their identity and employment authorization. Accepting expired documents would not meet the requirements set forth by the United States Citizenship and Immigration Services (USCIS) for verifying an employee’s eligibility to work in the country. It is important for employers to carefully review and verify the authenticity and expiration dates of the documents presented during the Form I-9 verification process to ensure compliance with federal regulations. In cases where an employee presents expired documentation, the employer should request current, unexpired documents to reverify the employee’s eligibility to work legally in the United States.

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

Employers who fail to comply with Form I-9 requirements may face severe penalties from the U.S. Immigration and Customs Enforcement (ICE). These penalties can include fines ranging from $230 to $2,292 for each violation, depending on factors such as the severity of the violation, the number of violations, and the employer’s history of compliance. Additionally, employers may also be subject to debarment from government contracts, criminal prosecution in cases of deliberate violation or fraud, and repayment of lost wages to affected employees. It’s important for employers to ensure strict compliance with Form I-9 requirements to avoid these significant penalties and potential legal consequences.

8. Can employers use electronic systems for Form I-9 verification?

Yes, employers can use electronic systems for Form I-9 verification as long as certain requirements are met. These requirements include ensuring the system complies with the regulations set forth by the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS). Additionally, the electronic system must be capable of producing a hard copy of the completed Form I-9 upon request, safeguarding the confidentiality and security of the information entered, and providing employees with clear instructions throughout the process. Employers must also retain the Form I-9 records in compliance with the retention requirements outlined by DHS. Electronic systems can streamline the verification process, enhance accuracy, and facilitate easier recordkeeping for employers while ensuring compliance with federal regulations.

9. Are there any specific requirements for remote Form I-9 verification?

Yes, there are specific requirements for remote Form I-9 verification, which is known as a remote I-9 verification process. These requirements are set by the U.S. Citizenship and Immigration Services (USCIS) and must be followed to ensure compliance with the Employment Eligibility Verification regulations. Some key requirements for remote Form I-9 verification include:

1. Use of an authorized representative: Employers must designate an authorized representative to act on their behalf when verifying the identity and employment eligibility of remote employees.

2. Proper completion of Section 2: The authorized representative must complete Section 2 of the Form I-9 within three business days of the employee’s hire date.

3. Verification of identity and employment eligibility documents: The authorized representative must visually inspect the original documents presented by the employee over live video, and the employee must then send clear, legible copies of the documents to the employer.

4. Retention of documentation: Employers must retain copies of the documents presented by the employee during the remote verification process and document the remote verification on the Form I-9.

5. Compliance with remote verification regulations: Employers must ensure that their remote verification process complies with all USCIS requirements, which may include additional steps and safeguards to prevent fraud.

Overall, remote Form I-9 verification provides flexibility for employers with remote employees but requires strict adherence to the established guidelines to maintain compliance with federal regulations.

10. Can employers re-verify an employee’s work authorization?

Yes, employers can re-verify an employee’s work authorization if it is required by law or if the employee’s employment authorization document (EAD) is expiring. Here are some key points to consider when re-verifying an employee’s work authorization:

1. Employers must re-verify an employee’s work authorization on Form I-9 by the expiration date of the employee’s current work authorization document.
2. If an employee presents a document that has an expiration date, the employer must re-verify the employee’s work authorization before that document expires.
3. When re-verifying an employee, the employer should fill out Section 3 of the employee’s Form I-9 and record the document title, document number, and the new expiration date, if applicable.
4. Employers should not re-verify the work authorization of current employees without a valid reason, as this could be discriminatory or seen as targeting specific individuals based on their perceived immigration status.
5. It is important for employers to stay informed about changes in immigration laws and regulations that may impact the re-verification process to ensure compliance with all legal requirements.

11. Can employers refuse to hire someone if their Form I-9 documents are questionable?

Employers are required by law to hire individuals who are authorized to work in the United States, as demonstrated by the completion of Form I-9. If an employer has reason to believe that the documents presented by a job applicant during the Form I-9 verification process are questionable or fraudulent, they have the responsibility to address these concerns. Employers cannot refuse to hire someone solely based on questionable documents, as doing so may constitute discrimination and violate employment laws. However, employers must follow specific procedures outlined by the U.S. Citizenship and Immigration Services (USCIS) when faced with questionable documents:

1. Employers should notify the employee of the discrepancy and give them an opportunity to provide alternative documents that satisfy the requirements of Form I-9.
2. Employers should not specify the type of documents that the employee can present as an alternative, but rather allow the employee to choose from the Lists of Acceptable Documents provided by the USCIS.
3. Employers should not request specific documents or demand additional documents beyond what is required by Form I-9.
4. If the employee is unable to provide acceptable documents or cannot resolve the discrepancy, the employer may be required to terminate the individual’s employment.

In summary, while employers cannot simply refuse to hire someone based on questionable Form I-9 documents, they must follow proper procedures and give the employee an opportunity to correct the discrepancy before making any decisions regarding employment.

12. Are there any special considerations for rehired employees and Form I-9 verification?

Yes, there are special considerations for rehired employees when it comes to Form I-9 verification:

1. Previously Completed Forms: If a rehired employee returns to work within 3 years of the date the original Form I-9 was completed, the employer may choose to rely on the previously completed Form I-9 if the employee is still authorized to work and their employment authorization documentation has not expired.

2. Reverification: If the employee’s work authorization has expired, the employer must reverify their employment eligibility by completing Section 3 of the Form I-9 within 3 business days of the rehire date. This involves examining new employment authorization documents and recording the document information in Section 3.

3. New Form I-9: If more than 3 years have passed since the original Form I-9 was completed, or if the original form was lost or destroyed, the employer must complete a new Form I-9 for the rehired employee, following the same procedures as for new hires.

Overall, it’s important for employers to carefully assess the situation of rehired employees and ensure compliance with Form I-9 verification requirements to avoid potential penalties for noncompliance.

13. Can employers accept foreign documents for Form I-9 verification?

Yes, employers can accept foreign documents for Form I-9 verification as long as the documents meet the requirements outlined by the U.S. Citizenship and Immigration Services (USCIS). When accepting foreign documents, the employer must ensure that the documents reasonably appear to be genuine and relate to the individual presenting them. Additionally, the documents must be unexpired at the time of presentation and must fall into one of the acceptable categories listed on the List of Acceptable Documents provided by the USCIS. Employers should carefully review any foreign documents presented during the Form I-9 verification process to ensure compliance with immigration laws and regulations. If there are any questions or concerns about the authenticity or validity of the foreign documents, it is advisable to seek guidance from legal counsel or immigration experts to avoid potential legal issues.

14. What is E-Verify and how does it relate to Form I-9 verification?

E-Verify is an internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. It compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment authorization.

1. Relating to Form I-9 verification, E-Verify serves as an additional tool that employers can use to ensure the employees they are hiring are eligible to work in the U.S.
2. While Form I-9 is a required document for all employees, E-Verify is optional for most employers, except where mandated by state law or federal regulations for certain federal contractors.
3. E-Verify helps employers maintain compliance with immigration laws by providing a more robust verification process than the Form I-9 alone.
4. By using E-Verify in conjunction with the Form I-9, employers can further reduce the risk of hiring unauthorized workers and potential legal penalties.
5. It is important for employers to understand the requirements and procedures of both Form I-9 verification and E-Verify to maintain a compliant and legal workforce.

15. Can employers share Form I-9 information with government agencies?

Yes, employers are required to share Form I-9 information with government agencies upon request. This is in order to verify an employee’s work authorization and eligibility to work legally in the United States. However, there are specific guidelines that employers must follow when sharing this information:

1. Employers should only share Form I-9 information when requested by authorized government agencies like the Department of Homeland Security (DHS), the Department of Labor (DOL), or the Department of Justice (DOJ).

2. Employers should not disclose Form I-9 information to unauthorized individuals or agencies, as this could violate the employee’s privacy rights and lead to legal repercussions.

3. It is important for employers to ensure that the information shared is accurate and up-to-date, as any discrepancies or errors could result in fines or penalties.

4. Employers should also be aware of the proper procedures for responding to government requests for Form I-9 information, including timelines for providing the requested documents.

Overall, employers must be diligent in handling Form I-9 information and ensure compliance with all relevant laws and regulations when sharing it with government agencies.

16. Are there any best practices for Form I-9 compliance in New Jersey?

Certainly. When it comes to Form I-9 compliance in New Jersey, there are several best practices that employers should adhere to:

1. Stay informed on updates: New Jersey employers should ensure they are up-to-date with any changes or updates to Form I-9 requirements at both the federal and state level.

2. Conduct regular training: It is essential to train HR staff and anyone involved in the I-9 process on how to accurately complete the form, identify acceptable documents, and handle reverifications.

3. Maintain accurate records: Employers should keep completed Form I-9s for all current employees and follow the appropriate retention guidelines for former employees.

4. Conduct periodic internal audits: Regularly reviewing your I-9 records can help identify and address any errors or deficiencies before they become compliance issues.

5. Seek legal guidance: If unsure about any aspect of Form I-9 compliance, it is advisable to consult with legal counsel or an expert in immigration law to ensure proper procedures are followed.

By following these best practices, employers in New Jersey can mitigate the risk of non-compliance and potential penalties associated with Form I-9 verification.

17. Can employers use a translator for Form I-9 verification purposes?

1. Yes, employers are allowed to use a translator to assist with the Form I-9 verification process for newly hired employees who are unable to read, write, or understand English proficiently. This is particularly important to ensure that all sections of the form are completed accurately and in compliance with the law.
2. The translator can be anyone the employer designates to assist with the verification process, including a bilingual employee, a hired interpreter, or a third-party language service provider.
3. However, it is crucial that the translator is impartial and accurately conveys the information provided by the employee without altering or adding any information.
4. Employers should document the use of a translator on the Form I-9, specifically in Section 2 where the preparer and/or translator section is located.
5. If the entire form is completed by the translator on behalf of the employee, the employee must still acknowledge the accuracy of the information by signing and dating the form in the designated fields.
6. Employers should exercise caution and ensure that the translator is proficient in both languages to avoid any misunderstandings or errors in completing the Form I-9, as accuracy and compliance are paramount in the employment eligibility verification process.

18. Are there any exemptions for certain types of employees from Form I-9 requirements?

Yes, there are exemptions for certain types of employees from Form I-9 requirements. These exemptions include:

1. Employees hired before November 6, 1986, who have been continuously employed by the same employer and have a reasonable expectation of employment at all times
2. Individuals providing domestic services in a private household that are sporadic, irregular, or intermittent
3. Employees working outside the United States who do not meet the definition of “employee” under U.S. law
4. Employees hired for employment in a foreign country or for positions not located within the United States

It’s important for employers to be familiar with these exemptions to ensure compliance with Form I-9 requirements and avoid unnecessary documentation for employees who fall under these categories.

19. What is the timeline for completing Form I-9 for a new employee?

The timeline for completing Form I-9 for a new employee is as follows:

1. Section 1 of Form I-9 must be completed by the employee on their first day of employment. This section includes personal information such as name, address, date of birth, and citizenship status.

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

3. In some cases, Section 3 of Form I-9 may need to be completed for reverification if an employee’s work authorization document expires. This section should be completed before the document expiration date.

4. It is crucial for employers to adhere to these timelines to ensure compliance with the law and avoid potential penalties for failure to properly complete and retain Form I-9.

20. How can employers stay updated on any changes to Form I-9 requirements in New Jersey?

Employers in New Jersey can stay updated on any changes to Form I-9 requirements by utilizing the following methods:

1. Visit the USCIS Website: The U.S. Citizenship and Immigration Services (USCIS) website regularly updates information on Form I-9 requirements, including any changes to the form itself or the verification process.

2. Subscribe to USCIS Email Alerts: Employers can sign up for email notifications from USCIS to receive updates directly in their inbox regarding any changes to Form I-9 requirements.

3. Attend Training Sessions or Webinars: Employers can attend training sessions or webinars conducted by USCIS or other relevant organizations to stay informed about any changes to Form I-9 requirements.

4. Consult with Legal Counsel: It is advisable for employers to seek advice from legal counsel specializing in immigration law to ensure compliance with Form I-9 requirements and stay updated on any changes specific to New Jersey.

By utilizing these methods, employers can proactively stay informed about any revisions or updates to Form I-9 requirements in New Jersey, thereby ensuring proper compliance with employment eligibility verification regulations.