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

The purpose of the Form I-9, officially known as the Employee Eligibility Verification Form, is to verify the identity and employment authorization of individuals hired for employment in the United States.

1. By completing the Form I-9, both the employer and the employee attest to the employee’s eligibility to work in the U.S.
2. Employers are required by law to verify the identity and work authorization of each employee they hire, and this form is the main tool for meeting that requirement.
3. The Form I-9 helps prevent unlawful discrimination in the hiring process by ensuring that all employees have an equal opportunity to show their eligibility to work, regardless of their national origin or citizenship status.
4. Additionally, the Form I-9 serves as a measure to protect national security and prevent unauthorized individuals from working in the United States illegally.

Overall, the Form I-9 plays a crucial role in ensuring that only individuals who are legally authorized to work in the United States are employed by U.S. employers.

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

In South Dakota, all employers are required to complete Form I-9 for each individual they hire for employment in the United States. This applies regardless of the size of the company or the number of employees hired. Form I-9 is used to verify the identity and employment eligibility of individuals hired for employment in the U.S., as mandated by federal law. Employers in South Dakota must ensure that employees complete Section 1 of Form I-9 on their first day of employment, and the employer or an authorized representative must complete Section 2 within three business days of the individual’s start date. Failure to properly complete and retain Form I-9 can result in penalties for employers, so it is important to adhere to these requirements diligently.

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

The Form I-9 requires employees to present specific documents for the purpose of verifying their employment eligibility in the United States. Acceptable documents fall into three general categories:

1. List A Documents: These documents establish both identity and employment eligibility and include items such as a U.S. Passport, Permanent Resident Card (Green Card), or Employment Authorization Document issued by USCIS.

2. List B Documents: These documents establish identity and typically include items like a state-issued driver’s license, ID card, or school ID card with a photograph.

3. List C Documents: These documents establish employment eligibility and may include items such as a Social Security card, birth certificate, or Native American tribal document.

Employers must follow the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) to ensure that they only accept valid and unexpired documents for Form I-9 verification. It is important for employers to carefully review the Lists of Acceptable Documents and ensure that employees present the required documents within the specified time frame from the date of hire.

4. Can an employer accept a Social Security card for List C of Form I-9?

Yes, an employer can accept a Social Security card as a List C document for Form I-9, provided the card is an unrestricted Social Security card without any employment restrictions. The Social Security card must be an original document, not a photocopy or reproduction, and must be valid and authentic. Employers should verify that the name on the Social Security card matches the employee’s name as it appears on the Form I-9 and other supporting documentation. It is important to note that a Social Security card alone cannot be used as a List A document; it can only be used as a List C document to establish identity. If an employer chooses to accept a Social Security card for List C, the employer cannot request any specific Social Security card beyond what the employee presents. Additionally, it is recommended that employers familiarize themselves with the rules and regulations pertaining to acceptable documentation for Form I-9 verification to ensure compliance with federal immigration laws.

5. What is the deadline for completing Form I-9 for a newly hired employee in South Dakota?

The deadline for completing Form I-9 for a newly hired employee in South Dakota is within 3 business days from the employee’s first day of employment. It is important for employers in South Dakota to ensure timely completion of Form I-9 to establish an individual’s identity and eligibility to work in the United States. Failure to comply with the Form I-9 requirements can result in penalties for the employer. Therefore, it is crucial to adhere to the deadline and accurately complete the form for all newly hired employees. It is recommended that employers keep track of the deadlines for Form I-9 completion to avoid any potential compliance issues.

6. Can an employer use electronic Form I-9 and signatures in South Dakota?

Yes, employers in South Dakota can use electronic Form I-9s as long as they comply with the Department of Homeland Security regulations outlined in the I-9 Handbook for Employers. Key requirements when using electronic Form I-9s in South Dakota include:

1. Implementing a compliant electronic system that meets the standards set forth by the DHS.
2. Informing employees of their rights and responsibilities regarding the electronic completion and retention of Form I-9.
3. Providing appropriate safeguards to ensure the security and integrity of the electronic records.
4. Retaining Form I-9s for the required period, as stipulated by the regulations.

Furthermore, electronic signatures are permissible, but it is crucial to ensure that the signer has knowingly and voluntarily provided the electronic signature. Additionally, maintaining proper audit trails and record-keeping processes is essential to demonstrate compliance with I-9 requirements in South Dakota.

7. What is the penalty for failing to properly complete or retain Form I-9 in South Dakota?

In South Dakota, the penalty for failing to properly complete or retain Form I-9 can vary depending on the severity of the violation. Employers who fail to properly complete Form I-9 or who knowingly hire or continue to employ unauthorized workers may face civil penalties ranging from $224 to $2,216 per violation, with repeat offenders facing higher fines. Additionally, employers who engage in a pattern or practice of hiring unauthorized workers could also face criminal penalties, including fines and potential imprisonment.

It is essential for employers in South Dakota to ensure full compliance with Form I-9 requirements to avoid these penalties. This includes properly completing Section 1 of Form I-9 on the first day of employment, verifying employee documentation in Section 2 within three business days of hire, and retaining the completed form for the required period. Employers should also conduct regular audits of their Form I-9 files to identify and correct any errors or omissions promptly. Failure to do so can result in significant penalties and legal consequences for the employer.

8. Can an employer require specific documents from an employee for Form I-9 verification?

Yes, an employer must allow employees to choose which documents to present from the Lists of Acceptable Documents on Form I-9 during the verification process. Employers cannot require specific documents or discriminate against employees who choose to present other acceptable documents. However, employers can establish policies that require employees to present certain types of documents for consistency and ease of verification. It is crucial for employers to ensure that they do not violate anti-discrimination laws by requesting specific documents based on an employee’s citizenship or immigration status. Employers should also be familiar with the updated Form I-9 regulations to avoid any legal compliance issues.

9. What is the process for reverifying an employee’s work authorization on Form I-9?

Reverifying an employee’s work authorization on Form I-9 involves specific steps to ensure compliance with immigration laws and regulations. Here is the process:

1. Notification: The employer must provide the employee with advance notice of the need to reverify their work authorization before their current documents expire.

2. Completing Section 3: The employer and employee must complete Section 3 of the original Form I-9. The employer should fill in the employee’s name and the date of the re-verification, along with any new information regarding the employee’s work authorization documents.

3. Reviewing New Documents: The employee must present new acceptable documents that establish their continued work authorization in the U.S. Employers should carefully examine these documents for authenticity and compliance with I-9 requirements.

4. Updating Records: The employer must record the new document information in Section 3 of the Form I-9 and make any necessary updates to their employee records.

5. Retaining Documentation: The employer should retain copies of the new work authorization documents provided by the employee as part of their I-9 records.

Overall, the key to successfully reverifying an employee’s work authorization is to follow the proper procedures outlined by U.S. Citizenship and Immigration Services (USCIS) and maintain accurate and up-to-date records to demonstrate compliance with immigration laws and regulations.

10. Can an employer accept a document that appears to be fraudulent for Form I-9 verification?

No, an employer cannot accept a document that appears to be fraudulent for Form I-9 verification. It is crucial for employers to only accept original and unexpired documents that appear to be genuine and relate to the individual presenting them. Accepting fraudulent documents can lead to serious legal consequences for the employer, including fines and potential criminal liability. Employers are responsible for reviewing the documents presented by employees during the Form I-9 verification process to ensure they are valid and belong to the individual in question. If there are any doubts about the authenticity of a document, the employer should not accept it and should request alternative documentation from the employee. It is essential for employers to maintain the integrity of the Form I-9 process to comply with federal immigration laws and regulations.

11. Are remote hires required to complete Form I-9 in South Dakota?

Yes, remote hires working in South Dakota are generally required to complete Form I-9. Remote employees must follow the same procedures as traditional in-person employees when it comes to completing Form I-9. This involves completing Section 1 of the form on or before the first day of employment and presenting acceptable documentation to verify their identity and authorization to work in the United States. The employer must then review the employee’s documentation and complete Section 2 within three business days of the employee’s start date. Employers should ensure that they have a compliant process in place for verifying remote employees’ work authorization documents. It is important to note that failure to properly complete and retain Form I-9 for remote hires can result in fines and penalties for the employer.

12. Can an employer keep copies of documents presented for Form I-9 verification?

Yes, employers are allowed to make and retain copies of the documents that an employee presents for Form I-9 verification. However, there are some considerations to keep in mind:

1. Employers must ensure they treat all employees equally and not require more or different documents than necessary for Form I-9 purposes.
2. Copies should be made for all employees or for none, in order to avoid discrimination claims.
3. Employers should store copies securely and retain them for the required period after the termination of employment, as outlined in the I-9 retention guidelines.
4. It’s essential to maintain consistency in the process of copying documents to avoid any allegations of discrimination or bias.

In conclusion, while it is permissible for employers to retain copies of documents presented for Form I-9 verification, it is crucial to do so in accordance with applicable laws and regulations to protect both the employer and the employee.

13. What is E-Verify and is it required for employers in South Dakota?

E-Verify is an internet-based system that allows employers to confirm the eligibility of their employees to work in the United States by verifying their employment eligibility based on information provided in Form I-9. E-Verify compares information obtained from an employee’s Form I-9 to data from U.S Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

1. In terms of South Dakota, as of 2021, E-Verify is not mandated for all employers in the state. However, certain types of employers may be required to use E-Verify. This includes employers who are federal contractors or subcontractors and employers who receive incentives from state or local governments that are subject to the applicable E-Verify laws and regulations.

2. It is essential for employers in South Dakota to consult with legal counsel or the appropriate government agencies to determine their specific obligations regarding E-Verify and employment eligibility verification to ensure compliance with relevant laws and regulations.

14. Can an employer refuse to hire an individual if they cannot provide the required documentation for Form I-9 verification?

Yes, an employer can refuse to hire an individual if they are unable to provide the required documentation for Form I-9 verification. The Immigration Reform and Control Act of 1986 mandates that all employers verify the employment eligibility of their employees by completing Form I-9 and reviewing specified documents that establish the employee’s identity and work authorization. If an individual is unable to produce the necessary documents to complete the Form I-9 process, the employer may legally choose not to hire them. However, it is important for employers to apply this requirement uniformly to all job applicants to avoid potential discrimination claims. Additionally, employers should provide applicants with a reasonable opportunity to present acceptable documents and should not base hiring decisions on an individual’s citizenship or immigration status.

15. How long must an employer retain Form I-9 after an employee’s termination in South Dakota?

In South Dakota, an employer is required to retain Form I-9 for a period of three years after the date of hire or one year after the employee’s employment is terminated, whichever is later. It is crucial for employers to maintain accurate and up-to-date Form I-9 records for all current and former employees to comply with federal and state regulations. Retaining these records allows employers to demonstrate compliance with employment eligibility verification requirements and facilitates audits by government agencies to ensure proper documentation of employees’ eligibility to work in the United States. Employers should establish proper procedures for the storage and retention of Form I-9 in accordance with South Dakota and federal laws to avoid potential penalties or fines for non-compliance.

16. Can an employer refuse to accept a document that appears genuine on its face for Form I-9 verification?

1. No, an employer cannot refuse to accept a document that appears genuine on its face for Form I-9 verification. The employer is required by law to accept any valid and unexpired documents presented by the employee that reasonably appear to be genuine and relate to the individual. This is in accordance with the regulations set forth by the U.S. Citizenship and Immigration Services (USCIS) for verifying the identity and employment authorization of employees.

2. If the document presented by the employee reasonably appears to be genuine and relates to the individual, the employer must accept it as part of the Form I-9 verification process. Employers should not engage in discriminatory practices or request specific documents beyond what is required by the Form I-9 instructions. It is essential for employers to treat all employees consistently and fairly when verifying their employment eligibility.

3. In cases where the document presented by the employee appears genuine but raises questions or concerns, the employer should follow the proper procedures outlined by the USCIS for addressing discrepancies or issues with the documentation. This may include requesting additional documentation or clarification from the employee to resolve any uncertainties.

4. Ultimately, employers are responsible for ensuring compliance with Form I-9 requirements and should exercise diligence in verifying the authenticity of documents presented by employees while also adhering to anti-discrimination laws and regulations. Refusing to accept a document that appears genuine on its face without valid reason could potentially lead to legal consequences for the employer.

17. Can an employer accept a receipt in lieu of an actual document for Form I-9 verification?

Yes, an employer can accept a receipt in lieu of an actual document for Form I-9 verification under certain circumstances. Receipts are generally acceptable as temporary proof of employment eligibility while an employee obtains the actual document. There are specific rules for what types of receipts are acceptable and how long they can be used.
1. Receipts for a replacement document can be used for 90 days while the employee obtains the actual document.
2. The most common example is a receipt for a lost, stolen, or damaged passport or Permanent Resident Card (Form I-551).
3. It’s important for employers to document the receipt information properly on the Form I-9 and to follow up with the employee to ensure they provide the actual document within the specified timeframe to remain in compliance with verification requirements.

18. What are the responsibilities of an employer’s authorized representative when completing Form I-9 in South Dakota?

In South Dakota, an employer’s authorized representative has several key responsibilities when completing Form I-9 for newly hired employees. These responsibilities include:

1. Reviewing the employee’s identification and employment authorization documents to ensure they are genuine and unexpired.
2. Completing Section 2 of Form I-9 accurately and truthfully, including recording the employee’s full legal name, date of hire, and other required information.
3. Retaining the completed Form I-9 and supporting documentation for the required retention period.
4. Ensuring compliance with all applicable laws and regulations relating to employment eligibility verification in South Dakota.
5. Providing the employee with a copy of the completed Form I-9 and ensuring they have the opportunity to review and confirm the information provided.

Additionally, the authorized representative must ensure that they are knowledgeable about the Form I-9 process and related requirements to avoid potential violations and penalties. Training on proper completion and retention of Form I-9 is recommended to ensure compliance with federal and state regulations. Employers in South Dakota should also stay informed of any updates or changes to immigration laws that may impact the employment eligibility verification process.

19. Can an employer request additional documentation beyond what is required on Form I-9 for certain employees?

Yes, an employer can request additional documentation beyond what is required on Form I-9 for certain employees to establish their identity and work authorization. However, it is important to note that while requesting additional documentation is allowed, it must be done in a nondiscriminatory manner and should not be used to unfairly target certain individuals or groups. Employers should be cautious not to violate anti-discrimination laws during the employment verification process. Here are a few key considerations to keep in mind:

1. Reasonableness: Any additional documentation requested should be relevant and reasonable to support the employee’s employment eligibility verification.

2. Consistency: Employers should apply the same requirements consistently to all employees within a specific job category to avoid any potential claims of discrimination.

3. Transparency: Employers should communicate clearly with employees about why certain additional documents are being requested and how they will be used in the verification process.

4. Prohibited Practices: Employers should refrain from requesting specific documents based on the employee’s citizenship or national origin, as this could violate anti-discrimination laws.

By following these guidelines and ensuring that any additional documentation requests are made in a fair and consistent manner, employers can effectively verify the employment eligibility of their workforce while staying compliant with the law.

20. What resources are available to help employers understand and comply with Form I-9 requirements in South Dakota?

1. The primary resource available to help employers in South Dakota understand and comply with Form I-9 requirements is the U.S. Citizenship and Immigration Services (USCIS) website. The USCIS website provides detailed guidance on completing Form I-9, including the most up-to-date version of the form, instructions for employers and employees, as well as information on acceptable documents for verification of identity and work authorization.

2. Another valuable resource for employers in South Dakota is the South Dakota Department of Labor and Regulation. This department may offer training sessions, workshops, or online resources specifically tailored to Form I-9 compliance for employers in the state.

3. Additionally, employers can consider reaching out to local human resources or employment law professionals who specialize in immigration compliance to seek guidance and advice on navigating Form I-9 requirements effectively.

By utilizing these resources, employers in South Dakota can ensure they are informed about and compliant with Form I-9 requirements, ultimately reducing the risk of potential fines and penalties for non-compliance.