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

The purpose of Form I-9 is to verify the identity and employment eligibility of individuals hired for employment in the United States. Employers are required by law to complete Form I-9 for every employee hired, regardless of citizenship status. By completing this form, employers are ensuring that they have collected the necessary documentation to establish an individual’s identity and eligibility to work in the U.S. This helps to prevent unlawful employment practices and ensures that only individuals authorized to work in the U.S. are hired. Failure to properly complete and retain Form I-9 can result in significant fines and penalties for employers.

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

In North Dakota, as in all states across the United States, the law mandates that employers must complete Form I-9 for all new employees to verify their identity and eligibility to work in the country. Specifically, in North Dakota, Form I-9 must be completed for every employee hired for employment in the United States, regardless of their citizenship status. This requirement applies to all employers, regardless of the size of the business or the number of employees they have. It is important for employers in North Dakota to ensure that they are following the guidelines set forth by the U.S. Citizenship and Immigration Services (USCIS) to stay compliant with federal regulations and avoid potential penalties for non-compliance.

3. What are the acceptable forms of identification for completing Form I-9?

The acceptable forms of identification for completing Form I-9, which verifies the identity and employment authorization of individuals hired for employment in the United States, fall into three categories:

1. List A documents: These are documents that establish both identity and employment authorization, such as a U.S. Passport, Permanent Resident Card, or Foreign Passport with an appropriate endorsement.

2. List B documents: These are documents that establish identity, such as a state-issued driver’s license, U.S. military ID card, or voter registration card.

3. List C documents: These are documents that establish employment authorization, such as a Social Security card, birth certificate, or Employment Authorization Document (EAD).

It is important for employers to carefully review the Lists of Acceptable Documents provided by the U.S. Citizenship and Immigration Services (USCIS) and ensure that the documents presented by the employee are current and unexpired. Employers must also retain a copy of the documents presented during the Form I-9 process for their records.

4. How long do employers have to complete and retain Form I-9 for employees in North Dakota?

In North Dakota, employers are required to complete and retain Form I-9 for their employees for as long as the individuals work for the company. Specifically, employers must complete Section 1 of Form I-9 on the employee’s first day of work and must complete Section 2 within three business days of the employee’s hire date. It is important to note that employers must retain completed Form I-9s for each employee for either three years after the date of hire or one year after the employee’s employment is terminated, whichever is later. This means that employers in North Dakota must retain Form I-9 for the duration of an individual’s employment with the company and for the required retention period afterwards to remain compliant with federal regulations.

5. Can Form I-9 be completed electronically in North Dakota?

Yes, Form I-9 can be completed electronically in North Dakota, as long as certain requirements are met:

1. Employers must ensure that the electronic system used for completing Form I-9 complies with the Department of Homeland Security’s regulations regarding electronic signatures and storage of Form I-9.

2. Employers in North Dakota must follow the requirements outlined in the US Citizenship and Immigration Services (USCIS) Handbook for Employers regarding electronic completion of Form I-9.

3. Additionally, electronic systems used for Form I-9 completion in North Dakota must provide for the easy retrieval and viewing of completed forms during an inspection by authorized officials.

4. Employers should also be aware that proper safeguards must be in place to protect the confidentiality and security of the information collected during the electronic completion of Form I-9.

5. It is important for employers in North Dakota to stay informed about any updates or changes to the regulations governing electronic completion of Form I-9 to ensure compliance with immigration laws and regulations.

6. What are the penalties for non-compliance with Form I-9 requirements in North Dakota?

In North Dakota, non-compliance with Form I-9 requirements can result in significant penalties for employers. These penalties may include fines for failing to properly complete and retain Form I-9s for each employee, as required by law. Additionally, employers may face fines for knowingly hiring or continuing to employ individuals who are not authorized to work in the United States.

1. Employers may be subject to civil fines ranging from $230 to $2,292 per violation for Form I-9 paperwork violations.

2. For knowingly hiring or continuing to employ unauthorized workers, fines can range from $573 to $22,927 per violation.

3. Repeat offenders or those with a pattern of violations may face higher fines, and in some cases, criminal penalties may also apply.

It is crucial for employers in North Dakota to ensure compliance with Form I-9 requirements to avoid these penalties and maintain a lawful workforce. Employers should familiarize themselves with the regulations, conduct regular training for staff responsible for Form I-9 compliance, and establish proper record-keeping procedures to mitigate the risk of non-compliance.

7. Are employers in North Dakota required to use E-Verify in addition to completing Form I-9?

No, employers in North Dakota are not currently required to use E-Verify in addition to completing Form I-9. While some states have laws mandating the use of E-Verify for employment eligibility verification, North Dakota does not currently have such a requirement. Employers in North Dakota are still obligated to properly complete and retain Form I-9 for all employees to verify their identity and eligibility to work in the United States. However, it is important for employers to stay informed about any changes in legislation or requirements related to employment eligibility verification in the state of North Dakota.

8. Can remote employees in North Dakota complete Form I-9 virtually?

1. Yes, remote employees in North Dakota can complete Form I-9 virtually, provided that certain conditions are met. The Department of Homeland Security (DHS) allows for the virtual verification of identity and employment authorization documents for remote employees. Employers can use video conferencing, email, fax, or other electronic means to verify the documents presented by the remote employee.

2. However, there are important requirements that must be followed when completing Form I-9 virtually. Employers must ensure that they are able to see, examine, and verify the original documents presented by the employee during the virtual session. Employers must also retain a copy of the documents for their records.

3. It is important to note that employers should also take steps to ensure the security and confidentiality of the information shared during the virtual verification process. Employers should use secure communication channels and take appropriate measures to protect employee information from unauthorized access.

4. Additionally, employers must still complete Section 2 of Form I-9 within three business days of the employee’s first day of work, even if the verification is done virtually. Employers should also make sure that the individual conducting the virtual verification is trained on the proper procedures for verifying documents and completing Form I-9.

5. Overall, while remote employees in North Dakota can complete Form I-9 virtually, employers must follow specific guidelines to ensure compliance with DHS regulations and maintain the integrity of the verification process.

9. Can employers in North Dakota accept receipt of Form I-9 documentation through email or fax?

No, employers in North Dakota cannot accept receipt of Form I-9 documentation through email or fax. The U.S. Citizenship and Immigration Services (USCIS) requires that employers physically examine employees’ original identity and employment authorization documents in person to complete the Form I-9 process. This means that the employee must bring their original documents to the employer for inspection. Accepting Form I-9 documentation via email or fax does not fulfill this requirement and would result in non-compliance with the regulations. Employers must also retain copies of the documents presented by the employee along with the completed Form I-9 for record-keeping purposes. Offering alternative methods such as email or fax for document submission does not meet these strict guidelines set forth by USCIS.

10. What are the rules surrounding re-verifying employees’ work authorization in North Dakota?

In North Dakota, employers are required to re-verify the work authorization of employees when their employment authorization documents expire. It is important to follow these rules to ensure compliance with federal and state regulations:

1. When an employee’s employment authorization document expires, the employer must re-verify their work authorization by completing a new Form I-9.

2. Employers should re-verify the employee’s work authorization no later than the expiration date of their current employment authorization document.

3. To re-verify an employee’s work authorization, the employer must examine the new document presented by the employee and complete Section 3 of the Form I-9.

4. Failure to re-verify an employee’s work authorization when required can lead to penalties and fines for the employer.

5. It is crucial for employers in North Dakota to stay informed about the expiration dates of their employees’ work authorization documents and take timely action to re-verify their eligibility to work in the United States.

11. Can employers in North Dakota request specific documents for Form I-9 completion?

Yes, employers in North Dakota as well as across the United States must adhere to the regulations set forth by the U.S. Citizenship and Immigration Services (USCIS) regarding the Form I-9 completion process. Specifically, employers are obligated to allow employees to choose which documents they would like to present from the lists of acceptable documents provided by the USCIS to establish their identity and work authorization. Employers are prohibited from requesting specific documents or discriminating against employees based on their choices of documentation. However, it is important for employers to carefully review and verify the authenticity of the documents presented by employees to ensure compliance with the Form I-9 requirements. Failure to adhere to these guidelines can result in penalties and fines for the employer.

12. Can employers in North Dakota contract with a third-party to complete Form I-9 on their behalf?

Yes, employers in North Dakota can contract with a third-party to complete Form I-9 on their behalf. However, it’s essential to note that the ultimate responsibility for ensuring compliance with I-9 requirements lies with the employer, regardless of whether a third-party is involved. When outsourcing this responsibility, employers should consider the following:

1. Selecting a Reputable Provider: It is crucial to choose a reputable and knowledgeable third-party vendor with experience in I-9 compliance to ensure accuracy and legality.

2. Clear Communication: Employers should establish clear communication with the third-party regarding their roles and responsibilities in completing and maintaining Form I-9 records.

3. Training and Oversight: Employers should provide proper training to the third-party on I-9 verification requirements and regularly oversee their work to guarantee compliance.

4. Documentation and Recordkeeping: Employers must maintain records of the agreement with the third-party and ensure that all completed Form I-9s are accurately stored and accessible as per legal requirements.

Overall, while it is permissible to contract with a third-party for completing Form I-9 in North Dakota, employers should take proactive measures to ensure that all steps are taken to comply with the legal obligations associated with the employment eligibility verification process.

13. Are employers in North Dakota required to keep Form I-9 documentation on file for terminated employees?

Yes, employers in North Dakota are required to keep Form I-9 documentation on file for terminated employees. The U.S. Citizenship and Immigration Services (USCIS) requires employers to retain Form I-9 for each employee for a certain period of time after their employment ends. Specifically:

1. The employer must retain Form I-9 for three years after the date of hire, or one year after the date employment ends, whichever is later.
2. For terminated employees, the retention period is one year after their employment ends.
3. This requirement applies to all employers in North Dakota, regardless of the size of the company or the number of employees.

It is important for employers to comply with these record-keeping requirements to ensure they are in compliance with immigration laws and regulations. Failure to maintain Form I-9 documentation can result in penalties and fines for the employer.

14. What are the steps an employer should take if an employee’s Form I-9 documentation expires?

When an employee’s Form I-9 documentation expires, an employer should take immediate action to ensure compliance with federal regulations. The steps to take in this situation are as follows:

1. Notify the employee: Inform the employee in writing that their Form I-9 documentation has expired and request updated, valid documentation.

2. Allow time for resolution: Provide the employee with a reasonable timeframe to present the updated documents, taking into consideration any delays that may occur due to the current circumstances, such as the pandemic or other external factors.

3. Follow up: Schedule a follow-up meeting with the employee to confirm that they have provided the necessary documentation and update their Form I-9 accordingly.

4. Document the process: Maintain detailed records of all communication with the employee regarding the expired documentation and the steps taken to rectify the situation.

5. Seek legal guidance: If needed, consult with legal counsel or an I-9 compliance expert to ensure compliance with federal regulations throughout the process.

By following these steps, employers can address the issue of expired Form I-9 documentation in a timely and compliant manner, minimizing the risk of penalties for non-compliance.

15. Are there any special considerations or exemptions for agricultural workers in North Dakota regarding Form I-9?

Yes, there are special considerations for agricultural workers in North Dakota when it comes to Form I-9 verification. Here are some key points to consider:

1. H-2A visa holders: Agricultural employers in North Dakota who hire foreign seasonal agricultural workers under the H-2A visa program are required to follow specific guidelines for completing and retaining Form I-9s. These guidelines include documenting the specific H-2A visa number in Section 2 of the form.

2. Remote hires: In certain situations, agricultural workers in North Dakota may be hired remotely, such as through a labor contractor or recruiting agency. In these cases, employers must still comply with Form I-9 requirements by ensuring that the necessary documents are reviewed and verified within the required timeframe.

3. Language barriers: Agricultural workers in North Dakota who may have limited English proficiency should be provided with assistance in completing the Form I-9, such as through the use of a translator or interpreter. Employers should ensure that the worker understands the information provided and that all required fields are accurately completed.

Overall, agricultural employers in North Dakota must be aware of these special considerations and exemptions when verifying the employment eligibility of their workers to ensure compliance with Form I-9 requirements.

16. Can employers in North Dakota use a foreign passport as a List A document for Form I-9?

Yes, employers in North Dakota can accept a foreign passport as a List A document for Form I-9 verification purposes, as long as it meets certain criteria:

1. The foreign passport must be an unexpired document.
2. The passport must be used in conjunction with an acceptable Form I-94 indicating the individual’s employment authorization, if the individual is a nonimmigrant alien.
3. Employers must ensure that the passport appears to be genuine and relates to the individual presenting it for verification.
4. The document should reasonably appear to be suitable for the person presenting it and should not have any signs of tampering or fraudulent activity.

It is important for employers in North Dakota to review the Form I-9 instructions carefully and ensure that they are following the proper procedures when accepting foreign passports as List A documents for I-9 verification.

17. What is the process for correcting errors on Form I-9 in North Dakota?

In North Dakota, correcting errors on Form I-9 involves following specific guidelines to ensure compliance with immigration laws and regulations. The process for correcting errors on Form I-9 in North Dakota includes the following steps:

1. Identify the error: The first step is to identify the error on the Form I-9. Common errors include missing information, incorrect dates, incomplete sections, or incorrect documents provided.

2. Make corrections: Once the error is identified, the employer should make the necessary corrections to the Form I-9. Corrections should be made in a clear and legible manner, using a different color ink to distinguish the changes from the original information.

3. Initial and date the corrections: After making the necessary changes, the employer must initial and date the corrections. This helps to indicate who made the changes and when they were made.

4. Attach a note: It is advisable to attach a note explaining the reason for the corrections made on the Form I-9. This can help provide context in case of any future audits or inspections.

5. Retain documentation: Employers should retain both the original Form I-9 with the corrections and any supporting documentation relating to the changes made. This documentation should be kept for the required retention period as specified by law.

By following these steps, employers in North Dakota can effectively correct errors on Form I-9 and maintain compliance with immigration regulations.

18. Are employers in North Dakota required to provide training on Form I-9 completion to their employees?

Yes, employers in North Dakota are required to provide training on Form I-9 completion to their employees. This is outlined in the federal guidelines of the Immigration Reform and Control Act (IRCA) of 1986, which mandates that employers ensure their employees complete Form I-9 accurately and in a timely manner. Providing training on Form I-9 completion helps ensure that both employers and employees understand their responsibilities and the requirements of the form. The training should cover topics such as how to properly fill out each section of the form, which documents are acceptable for verification, and the importance of completing the form within the specified timeframe. Failure to provide adequate training on Form I-9 completion can lead to errors, compliance violations, and potential fines during an audit by U.S. Immigration and Customs Enforcement (ICE). It is therefore crucial for employers in North Dakota to prioritize training on Form I-9 completion as part of their overall compliance efforts.

19. What should employers do if an ICE audit is conducted on their Form I-9 records in North Dakota?

If an ICE audit is conducted on an employer’s Form I-9 records in North Dakota, there are several crucial steps that should be taken to ensure compliance and cooperation with the audit process. Here are some key actions to consider:

1. Review and Organize Records: Employers should promptly gather and review all Form I-9 records for current and former employees in North Dakota. It is essential to ensure that each form is completed accurately and on time.

2. Cooperate with ICE: Employers should fully cooperate with the ICE officials conducting the audit. This includes providing access to all requested Form I-9 records and any other relevant documents.

3. Correct Errors: If any errors or deficiencies are identified in the Form I-9 records during the audit, employers should take immediate steps to correct them. This may include updating incomplete or inaccurate sections of the forms.

4. Seek Legal Advice: Employers facing an ICE audit in North Dakota should consider seeking legal advice from an experienced immigration attorney. Legal counsel can provide guidance on how to navigate the audit process effectively and ensure compliance with relevant laws and regulations.

5. Train Staff: It is important to train relevant staff members on the proper procedures for completing and maintaining Form I-9 records to prevent future compliance issues.

By following these steps and remaining proactive and cooperative throughout the audit process, employers in North Dakota can help ensure compliance with immigration laws and regulations and minimize the risk of potential penalties or fines.

20. Are there any specific state laws or regulations in North Dakota related to Form I-9 compliance?

Yes, there are specific state laws and regulations in North Dakota related to Form I-9 compliance. Here are some key considerations:

1. North Dakota follows federal requirements for Form I-9 compliance, as outlined by the U.S. Citizenship and Immigration Services (USCIS).

2. Employers in North Dakota must ensure that they are using the most current version of the Form I-9, which was released by the USCIS in October 2019.

3. North Dakota does not currently have any additional state-specific laws or regulations when it comes to Form I-9 compliance. However, employers must adhere to federal guidelines and requirements to verify the identity and employment eligibility of their employees.

4. It is important for employers in North Dakota to stay informed about any changes or updates to federal Form I-9 requirements to ensure compliance with immigration laws and regulations.

Overall, while North Dakota does not have unique state laws regarding Form I-9 compliance, employers in the state must still follow federal guidelines to properly verify the employment eligibility of their workers. Additionally, staying current on federal requirements and best practices is crucial for maintaining compliance and avoiding potential penalties.