Form I-9 and its Purpose
Form I-9, officially called the “Employment Eligibility Verification” form, is required by the U.S. Citizenship and Immigration Services (USCIS) and must be completed by all employees, regardless of citizenship and immigration status.
Employers use this to verify individuals’ identity and employment authorization in the United States. The form establishes individuals’ eligibility to work in the country, making it a crucial component in employment background screening.
Key Sections of the Form I-9 and Completion
Here is the breakdown of Form I-9 and its completion:
Section 1: Employee Information and Attestation
The employee completes this section. They must provide their full legal name, other legal names used (if applicable), current address, date of birth, and citizenship or immigration status.
If it applies, A-Number, USCIS Number, Form I-94 admission number, or foreign passport number with the employment authorization’s expiration date. The employee must sign and date this section on or before their first day of employment.
Section 2: Employer Review and Verification
The employer or employer Authorized Representative completes this section. They must review the documents the employee has presented to ensure they are genuine and relate to the employee presenting them. They must also record the document information, including title, issuing authority, document number (if any), and expiration date. Lastly, they must sign and date this section on or before their third day of employment.
Section 3: Reverification and Rehires
The employer completes this section if needed. They fill it out if a reverification is necessary because the employee’s employment authorization has expired. Additionally, they fill it out if they rehire the employee. They must retain this section along with the original Form I-9.
Common Mistakes to Avoid When Completing Form I-9
Employees and employers must be careful to avoid mistakes when completing the form.
Section 1: Employee Information and Attestation
Incomplete Personal Information
One common mistake is failure to complete all the required fields such as full name, address, date of birth, and Social Security number (if applicable).
Incorrect Attestation
Employees must select the correct status under “Citizenship/Immigration Status.” The selections are a citizen of the United States, a noncitizen national of the United States, a lawful permanent resident, and not allowed to say that anymore noncitizen authorized to work until. Then, they must sign and date the form.
Failure to Provide Alien or Admission Number
After selecting the correct status, employees must provide an Alien Registration or Admission Number.
Section 2: Employer Review and Verification
Missing/Incorrect Document Information
Employers must accurately fill out “List A” or “List B” and “List C” sections. Accurately record the document title, number, and expiration date (if applicable). Information between List A, B, and C documents should not be interchanged.
Incomplete Certification
To complete the certification, the employer must sign and date the form, and include their title, name, and company address in the certification section.
Not Reviewing Documents in Person
The person signing Section 2 must physically examine the documents with the employee present. Remote verification is only available if you participate in E-Verify under the alternative procedure authorized by the Secretary of Homeland Security.
Incorrect Dates
Employers must be careful with the date of hire or the date the form was completed.
Section 3: Reverification and Rehires
Failure to Reverify Expiring Work Authorization
If an employee’s work authorization is nearing expiration, the employer must reverify it using Section 3 before it expires.
Failure to Update Section 3 for Rehires
When rehiring an employee within three years of the original I-9 completion, the employer can complete a new I-9 or update Section 3.
Failure to Update Name
If an employee’s name changes after the form’s completion, the employer must update Section 3 with the new name.
Recent Changes in I-9 Compliance: What’s New in 2024?
Form I-9 features several changes in 2024.
Here are some key changes:
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New Form I-9 Version
The new Form I-9 combines Sections 1 and 2 into a single page. Then Section 3 is now a separate supplemental page. It also has a checkbox for employers, indicating that they examined Form I-9 documentation remotely, which is now possible as an alternative procedure.
The new form was released on August 1, 2023, and becomes mandatory for use on November 1, 2023.
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Remote Verification
Remote verification of I-9 documents is an alternative procedure. However, only employers in good standing with E-Verify can use this electronic i 9 compliance procedure.
With this procedure, document examination is conducted through live video with the employee presenting documents being reviewed.
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E-Verify Enhancements
E-Verify has become more robust, with enhanced sensitivity in detecting misuse and greater accuracy in verifying employment eligibility.
Timely Completion of Form I-9
Different sections have different deadlines. For Section 1, the employee must complete within the first day of employment. For Section 2, an employer must complete it within three business days of the hire date.
Reasons why timely completion of Form I-9 is crucial:
Legal Compliance
Federal law has mandated that all employees be verified for their identity and employment eligibility. Failure to comply will result in legal consequences.
Avoiding Penalties and Fines
Failure to comply will lead to steep penalties for employers.
Business Protection
Compliance shields the organization from legal and financial liabilities associated with hiring unauthorized employees. Additionally, it protects the organization’s reputation.
Operational Efficiency
Compliance ensures smooth hiring and streamlines the onboarding process for new employees.
Best Practices for Maintaining and Storing I-9 Records
Form Retention
For active employees, forms must be kept for the entire time of employment. For terminated employees, the forms must be retained three years after the hire date or one year after the termination date, whichever is later.
Form Storage
Paper forms should be stored in a secure, locked location. Only authorized personnel have access to the forms.
Electronic storage must be secure and accessible only to authorized personnel. Electronic copies should remain unaltered, with any updates recording the identity of the person making the change and the update’s date. The forms should be reproducible as needed
Regular Audits
Conduct regular audits to verify that forms are complete, signed, and properly stored. If updates or corrections are needed, ensure an audit trail is maintained, documenting the identity of the person making the changes and the date of the modifications.
The Benefits of Regular Internal I-9 Audits
Avoid Penalties and Legal Issues
Regular internal audits allow for the correction of errors before a government audit. This reduces the risk of steep fines and protects the organization from legal repercussions.
Ensures Compliance
They foster organizational compliance by ensuring adherence to laws like the Immigration Reform and Control Act (IRCA). They also help maintain current and accurate records, preparing the organization for potential government audits.
Enhance Record-Keeping
They promote better record-keeping and i9 management, ensuring authorized personnel have easy access. They also guarantee fulfillment of the retention schedule.
Ready for Government Audits
They provide peace of mind by preparing the organization for potential government audits.
Regular I-9 Compliance Training for HR Staff
Legal Compliance
Regular compliance training instills the importance of legal compliance.
Risk Mitigation
It reminds the HR staff to avoid penalties and legal repercussions for non-compliance.
Eligible Workforce
It is important to maintain a legal workforce, as all employees have undergone the verification process as part of their employment background checks.
Streamlines Processes
It improves staff knowledge of i9 management, enabling them to complete Form I-9 accurately and efficiently.
Staying Up to Date
It keeps staff informed about updates to I-9 regulations, resulting in better compliance.
Improves Record-Keeping
It also helps the staff improve their record-keeping of the forms.
Final Thoughts
Compliance with Form I-9 is crucial in hiring employees as it verifies the identity and employment authorization of individuals working in the United States. Thus, employers must know the best practices for compliance.
One key to compliance is understanding Form I-9 and its purpose. It is also important to familiarize yourself with the different sections of the form and how to complete it accurately and efficiently. It is also vital to know the latest changes in the form.
Moreover, timely completion is crucial. Missing the deadline can result in penalties and legal repercussions. Other important matters are better retention and storage of the forms, the importance of regular internal audits, and regular HR training.
