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. By completing Form I-9, both the employer and employee attest to the employee’s identity and authorization to work in the U.S., thereby ensuring compliance with federal immigration laws. Employers are required by law to verify the identity and employment eligibility of all employees hired after November 6, 1986, through the completion of Form I-9. This form helps prevent unlawful employment practices and protects the rights of authorized workers in the U.S.

2. Who is required to complete the Form I-9 in North Carolina?

In North Carolina, all employers are required to complete the Form I-9 for each individual they hire for employment in the United States. This requirement applies to both citizens and noncitizens. Employers must ensure that the Form I-9 is completed within three business days of the employee’s first day of work. Failure to properly complete and maintain Form I-9 documentation can result in significant fines and penalties for employers, so it is important to comply with this requirement diligently. Additionally, employers should also be aware of any specific state laws or regulations in North Carolina that may impact the I-9 verification process.

3. What documents are acceptable for verification of identity and employment eligibility on the Form I-9?

The documents that are acceptable for verification of identity and employment eligibility on the Form I-9 are categorized into List A, List B, and List C. Here is a brief overview of each list:

1. List A documents establish both identity and employment eligibility and include items such as a U.S. Passport, Permanent Resident Card, Foreign Passport with an I-551 stamp, or Employment Authorization Document issued by the Department of Homeland Security.

2. List B documents establish identity and typically include items such as a state driver’s license or ID card, school ID card with a photograph, or voter registration card.

3. List C documents establish employment eligibility and generally include items such as a social security card, birth certificate, or a Native American tribal document.

Employers must ensure that employees present the necessary and valid documents from these lists to complete the Form I-9 accurately and comply with employment eligibility verification requirements.

4. When must the Form I-9 be completed for employees in North Carolina?

1. The Form I-9 must be completed for employees in North Carolina no later than the first day of employment. This means that employees must complete Section 1 of the Form I-9 no later than their first day of work for pay. Additionally, the employer must complete Section 2 of the Form I-9 within three business days of the employee’s first day of employment. It is crucial for employers to ensure timely completion of the Form I-9 to comply with federal regulations and verify the employment eligibility of their employees. Failure to adhere to these timelines can result in penalties for the employer. Therefore, it is essential for North Carolina employers to be proactive in completing the Form I-9 for their employees in a timely manner.

5. Can copies of documents be used for the Form I-9 process?

1. Yes, copies of documents can be used for the Form I-9 process under certain circumstances. Employers are allowed to accept copies of documents presented by new hires to establish their identity and work eligibility during the employment verification process. However, it is essential that these copies are reasonable facsimiles of the original documents and that they are clear and legible. It is crucial for employers to carefully examine the copies to ensure they appear to be authentic and relate to the individual presenting them.

2. Employers should follow the guidelines established by the U.S. Citizenship and Immigration Services (USCIS) regarding accepting copies of documents for Form I-9 verification. USCIS suggests that employers retain copies of the documents presented and note the date they were reviewed. Additionally, it is advisable for employers to maintain a clear policy regarding whether they will retain copies of the documents provided or simply inspect the originals.

3. While copies are acceptable for the Form I-9 process, it is important to note that the employer must always physically examine the original documents pertaining to Section 2, where the information is recorded. The copies may serve as a useful reference in case of any future audits or investigations, but they do not replace the required in-person inspection of the original documents.

4. In summary, employers can use copies of documents for the Form I-9 process, but they must ensure the copies are clear and legible to preserve their authenticity. It is essential to follow USCIS guidelines and maintain proper documentation of the verification process for compliance purposes.

6. What are the consequences of not properly completing or retaining Form I-9 in North Carolina?

In North Carolina, the consequences of not properly completing or retaining Form I-9 can be significant for employers. Failure to comply with I-9 requirements can result in penalties and fines imposed by U.S. Immigration and Customs Enforcement (ICE). These consequences may include:

1. Civil penalties: Employers who fail to properly complete or retain Form I-9 may face civil penalties ranging from $230 to $2,292 per violation. The amount of the penalty depends on factors such as the severity of the violation and the employer’s past history of non-compliance.

2. Criminal penalties: In cases of deliberate fraud or knowingly hiring unauthorized workers, employers may face criminal penalties, including fines and potential imprisonment.

3. Loss of federal contracts: Non-compliant employers could potentially lose eligibility for federal contracts, as compliance with immigration laws, including proper completion of Form I-9, is a requirement for federal contractors.

4. Reputational damage: Failing to comply with I-9 requirements can also lead to reputational damage for the employer, impacting its standing in the industry and its ability to attract and retain employees.

5. Increased scrutiny: Non-compliant employers may face increased scrutiny from government agencies, which can lead to further investigations and audits that may uncover additional violations.

In summary, the consequences of not properly completing or retaining Form I-9 in North Carolina can be severe, resulting in financial penalties, legal consequences, and negative repercussions for the employer’s reputation and business operations. It is crucial for employers to ensure strict compliance with I-9 requirements to avoid these potential consequences and maintain a legally compliant workforce.

7. Are employers in North Carolina required to keep copies of the documents presented during the Form I-9 process?

Yes, employers in North Carolina are required to keep copies of the documents presented during the Form I-9 process. This is a federal requirement under the Immigration Reform and Control Act of 1986 (IRCA) which mandates that employers must verify the identity and employment authorization of every employee hired after November 6, 1986, by completing Form I-9. Maintaining copies of the documents provided by the employee serves as documentation of the verification process and helps employers demonstrate compliance with the law in the event of an audit by the U.S. Immigration and Customs Enforcement (ICE) or the Department of Labor (DOL).

1. Keeping copies of these documents is crucial for ensuring that the employer has met their obligations under the law.
2. The copies should be retained securely and separately from personnel files, in case of an audit.
3. Failure to retain these copies can result in penalties for non-compliance with Form I-9 regulations.
4. It is important for employers to establish proper procedures for document retention to ensure compliance with the law.

8. How long must employers keep Form I-9 records for employees in North Carolina?

In North Carolina, employers are required to retain Form I-9 records for employees for a period of at least 3 years after the date of hire, or for at least 1 year after the employee’s employment is terminated, whichever is later. It is important for employers to maintain these records in a secure and organized manner, as they may be subject to inspection by government agencies such as the Department of Homeland Security, the Department of Labor, or the Department of Justice. Failure to properly retain and produce Form I-9 records upon request can result in significant fines and penalties for employers.

9. Can the Form I-9 be completed electronically in North Carolina?

Yes, the Form I-9 can be completed electronically in North Carolina, following the guidelines established by the U.S. Citizenship and Immigration Services (USCIS). Employers have the option to use electronic systems to complete and retain Form I-9, as long as certain requirements are met:

1. The electronic system must ensure the confidentiality, integrity, and reliability of the I-9 information.
2. Employees must have the ability to review and correct their information before submission.
3. Employers must provide employees with notice of the use of electronic Form I-9 and retain records in compliance with applicable regulations.

In North Carolina, as in the rest of the U.S., both the employer and employee must complete their respective sections of the Form I-9 within the required time frame. The electronic completion of Form I-9 can streamline the process, improve accuracy, and facilitate remote onboarding, providing efficiency and flexibility for businesses operating in North Carolina.

10. Can remote employees complete the Form I-9 process in North Carolina?

Yes, remote employees located in North Carolina can complete the Form I-9 process. Here’s how they can do so:

1. Remote Verification: Employers can verify the identity and employment authorization of remote employees by using authorized representatives who can physically examine the employee’s original documents and complete Section 2 of the Form I-9 on the employer’s behalf.

2. Electronic Form I-9 Software: Employers can also use electronic Form I-9 software that allows for remote verification of documents. This software should comply with the requirements set forth by the U.S. Citizenship and Immigration Services (USCIS) for electronic completion and storage of Form I-9.

3. Shipping Documents: In some cases, remote employees can also send copies of their documents to their employer for verification. However, this method is less secure and may not be recommended unless there are no other available options.

Regardless of the method used, it is essential for employers to ensure that remote employees’ Form I-9s are completed accurately and in a timely manner to remain compliant with federal regulations.

11. What is E-Verify and how does it relate to Form I-9 compliance in North Carolina?

E-Verify is an internet-based system that compares information from an employee’s Form I-9 Employment Eligibility Verification to data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. In North Carolina, E-Verify is mandated for certain employers. Specifically, as of October 1, 2012, all employers in North Carolina with more than 25 employees must use E-Verify for verifying the work authorization of new employees. Additionally, as of January 1, 2013, all employers in North Carolina, regardless of size, are required to use E-Verify for this purpose.

When it comes to Form I-9 compliance in North Carolina, E-Verify plays a crucial role as it provides an additional layer of verification to ensure that newly hired employees are eligible to work in the U.S. Employers in North Carolina must complete Form I-9 for all employees, and using E-Verify helps them further ensure that they are in compliance with federal and state laws regarding employment eligibility verification. Failure to comply with these requirements can result in penalties and fines for employers in North Carolina.

12. Can an employer in North Carolina reverify an employee’s employment eligibility after the initial Form I-9 process?

Yes, an employer in North Carolina can reverify an employee’s employment eligibility after the initial Form I-9 process under certain circumstances. Reverification is required for employees with temporary employment authorization, such as those with work visas or limited-term work permits. Employers must reverify an employee’s work authorization by updating Form I-9 before the current work authorization expires. It is important to note that reverification should not be based on discriminatory factors and should be applied uniformly to all employees. Failure to follow the reverification process can result in penalties for the employer. It is crucial for employers to stay compliant with immigration laws and regulations to avoid legal issues related to employment eligibility verification.

13. What are the rules regarding the proper completion of Section 1 on the Form I-9?

1. Section 1 of the Form I-9 must be completed by the employee at the time of hire, which is the first day of employment, and before the end of the third business day after the employee starts work.

2. Employees are required to provide their full legal name, date of birth, Social Security Number (optional, unless the employer participates in E-Verify), address, email (optional), phone number, and attest to their employment authorization status.

3. Employees must indicate their citizenship or immigration status by checking the appropriate box and, if applicable, provide the alien registration number or Form I-94 admission number.

4. Employees must sign and date the form. If the employee requires assistance in completing Section 1, a preparer and/or translator may help, but the employee is ultimately responsible for the accuracy and completeness of the information provided.

5. The employer is prohibited from completing Section 1 on behalf of the employee, except in limited circumstances where an authorized representative completes Section 1 for remote hires. The employer is responsible for ensuring that the information provided in Section 1 is accurate and verifying the employee’s identity and work authorization documents in Section 2.

14. Can an employer in North Carolina require specific documents for the Form I-9 process?

1. Yes, an employer in North Carolina can require specific documents for the Form I-9 process, but these documents must be among those listed on the “Lists of Acceptable Documents” provided by the U.S. Citizenship and Immigration Services (USCIS).

2. Employers must allow employees to choose which document(s) to present from the Lists of Acceptable Documents. Employers cannot require employees to present specific documents or discriminate against individuals based on their choice of acceptable documents.

3. It is important for employers in North Carolina to be aware of the specific guidelines and requirements outlined by the USCIS regarding acceptable documents for Form I-9 verification. Failure to comply with these requirements can result in fines and penalties for the employer.

4. Additionally, employers should ensure that they are consistently applying the document verification process to all employees and not singling out individuals based on their immigration status or national origin. This helps to maintain compliance with anti-discrimination laws and regulations.

In summary, while employers in North Carolina can require specific documents for the Form I-9 process, they must adhere to the guidelines set forth by the USCIS and ensure that their document verification practices are fair and non-discriminatory.

15. Are there any exemptions to the Form I-9 requirement for certain types of employees in North Carolina?

Yes, there are exemptions to the Form I-9 requirement for certain types of employees in North Carolina. These exemptions include:

1. Employees hired on or before November 6, 1986, who have been continuously employed by the same employer since that date and who have not had a break in employment. These employees are not required to complete a Form I-9.

2. Certain agricultural workers who are considered “continuing employees” and meet specific criteria, such as being employed for a certain number of days within a specific period, may be exempt from completing a new Form I-9 each time they are rehired by the same employer.

3. Employees working in U.S. territories such as Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands may be subject to different employment eligibility verification requirements based on their specific jurisdiction’s laws.

It’s important for employers to be aware of these exemptions and ensure they are complying with the applicable regulations when determining whether certain employees are exempt from the Form I-9 requirement in North Carolina.

16. How can employers in North Carolina avoid discrimination when verifying employment eligibility through the Form I-9 process?

Employers in North Carolina can avoid discrimination when verifying employment eligibility through the Form I-9 process by following these key steps:

1. Ensure uniformity: Treat all job applicants and employees equally during the verification process regardless of their national origin, citizenship status, or immigration status.

2. Provide clear instructions: Clearly communicate the requirements for completing the Form I-9 and provide guidance on acceptable documents to establish work authorization.

3. Avoid selective verification: Do not single out individuals for Form I-9 verification based on their perceived national origin or citizenship status.

4. Train staff: Educate all employees involved in the hiring process on the anti-discrimination provisions of the Immigration and Nationality Act (INA) to prevent potential discrimination issues.

5. Keep documentation confidential: Safeguard the information collected during the verification process to ensure employee privacy and compliance with federal laws.

By following these practices, employers in North Carolina can ensure compliance with anti-discrimination laws while verifying employment eligibility through the Form I-9 process.

17. Can an employer in North Carolina accept expired documents for the Form I-9 process?

No, employers in North Carolina should not accept expired documents for the Form I-9 process. According to the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS), employers must only accept unexpired documents to establish an employee’s identity and work authorization during the I-9 verification process. Accepting expired documents could potentially lead to fines and penalties for the employer during an audit by Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS).

It is crucial for employers to ensure that the documents presented by employees are current and valid at the time of verification to maintain compliance with federal regulations. If an employee presents expired documents, the employer should request updated and unexpired documentation to complete the Form I-9 process accurately. Additionally, employers should consistently follow I-9 verification procedures to avoid any potential legal issues related to the employment eligibility verification process.

18. What are the recordkeeping requirements for Form I-9 audits in North Carolina?

In North Carolina, employers are required to retain Form I-9 records for a period of either three years after the date of hire or one year after the employment relationship ends, whichever is later. In the case of a Form I-9 audit by U.S. Immigration and Customs Enforcement (ICE), employers must make their Form I-9 records available for inspection within three business days of the request. Failure to comply with these recordkeeping requirements can result in fines and penalties for the employer. It is crucial for employers in North Carolina to maintain accurate and up-to-date Form I-9 records to ensure compliance with federal laws and regulations regarding employment eligibility verification.

19. Are there any resources or tools available to help employers in North Carolina with Form I-9 compliance?

Yes, there are several resources and tools available to help employers in North Carolina with Form I-9 compliance:

1. The United States Citizenship and Immigration Services (USCIS) website offers a wealth of information and resources regarding Form I-9 compliance, including the official Form I-9, instructions for completion, and guidance on verification procedures.

2. Employers can also utilize the USCIS E-Verify system, which allows employers to electronically verify the employment eligibility of newly hired employees. E-Verify is voluntary for most employers, but some states, like North Carolina, have legislation requiring certain employers to use the system.

3. Additionally, there are numerous training programs, webinars, and workshops available both online and in person that can help employers understand their responsibilities under the Immigration and Nationality Act and ensure proper completion of Form I-9.

4. Finally, employers can consult with immigration attorneys or HR professionals specialized in employment verification and compliance to receive personalized guidance and support in navigating the complexities of Form I-9 requirements specific to North Carolina.

20. What are the common mistakes that employers should avoid when completing the Form I-9 in North Carolina?

When completing the Form I-9 in North Carolina, employers should be aware of and avoid the following common mistakes:

1. Failure to properly complete Section 1: Employers must ensure that Section 1 is completed by the employee on their first day of work, including their full legal name, address, date of birth, and attestation of their employment authorization status.

2. Accepting improper documentation: Employers must carefully review and accept only valid and unexpired documents from the Lists of Acceptable Documents provided by the USCIS. Common mistakes include accepting photocopies of documents or documents that do not establish both identity and work authorization.

3. Requiring specific documents: Employers should not specify which documents employees must present for verification. It is the employee’s choice to present any combination of documents from the Lists of Acceptable Documents.

4. Not re-verifying when necessary: Employers must remember to re-verify employment authorization for employees with temporary work authorization before the expiration date of their current authorization.

5. Failing to retain and store Form I-9 properly: Employers must retain completed Form I-9s for all current employees and for a specified period after an employee’s termination date. Failure to properly store and retain Form I-9s can lead to compliance violations during audits.

By avoiding these common mistakes and staying informed of the requirements outlined in the Form I-9 instructions, employers in North Carolina can ensure compliance with federal immigration laws and regulations.