Understanding and Mastering the I-9 Form: A Comprehensive Guide
The Immigration Reform and Control Act of 1986 requires U.S. employers to verify an employee’s identity, work authorization, and employment eligibility with the I-9 form. Proper completion and storage of these documents is vital, as I-9s must be filed and produced upon request by Immigration and Customs Enforcement.
An I-9 audit can occur randomly, and failure to comply can result in hefty penalties. This guide aims to thoroughly understand the I-9 form process, common mistakes to avoid, and additional resources for ensuring compliance.
Step-by-Step Guide to Completing the I-9 Form
Section 1: Employee Information and Attestation
Employees must fill out this section on their first day of work.
Personal Information: Enter full name, address, and date of birth.
Citizenship Status: Select the appropriate box indicating citizenship or immigration status.
Signature and Date: Sign and date the form.
Section 2: Employer Review and Verification
Employers must complete this section by the third day of employment.
Examine Documents: Verify one document from List A or a combination of one document from List B and List C.
Document Details: Record the title, issuing authority, document number, and expiration date.
Certification: Complete the certification section, including the employer's signature, date, and title.
Section 3: Reverification and Rehires
Use this section if an employee’s work authorization has expired or if rehiring within three years.
Reverification: Enter updated document details and the rehire date (if applicable).
Common Questions About I-9 Forms
What happens if employees do not complete Section 1 on their first day?
Failure to complete Section 1 on the first day can lead to non-compliance issues and potential penalties. Employers should ensure new hires fill out this section promptly.
Can I keep copies of the documents employees provide?
Yes, but it’s not required by law. Copies must be kept securely and separate from other employee files if you choose to keep copies.
Tips for Managing I-9 Forms for Remote Employees
Digital Signatures: Utilize secure digital signature platforms that comply with federal regulations.
Remote Verification: Conduct initial verification via video call and document the process thoroughly.
Follow-Up: Ensure a physical inspection of documents is conducted when feasible.
Employer I-9 Compliance Checklist
All sections of the I-9 form are completed accurately and timely.
Documents are reviewed and verified as per USCIS guidelines.
Forms are stored securely and separately from other personnel files.
Training for HR staff on I-9 compliance is conducted regularly.
Avoiding Common I-9 Mistakes
Not Filling in the Blanks: Ensure every field is completed.
Delays in Completion: Employees must complete their part by the first day and employers by the third day.
Incorrectly Filling Out the Preparer/Translator Certification Section: Only filled if an employee receives help.
Handing Out the Spanish Language Form: Only the English version should be used, except in Puerto Rico.
Requiring Specific Types of Documentation: Employees choose their documentation.
Using the Wrong Type of Visa: Verify the visa type carefully.
Ignoring Expiration Dates: Ensure all documents are current.
Not Storing the Form Long Enough: Forms must be kept for the duration of employment plus one year or three years, whichever is longer.
Improperly Storing Documents: Store as per USCIS requirements.
Quick Audit Responses: Take the time to organize before responding.
Additional Resources
With this comprehensive guide, you should now understand the potential mistakes that can be made in the I-9 process and how to avoid them. Move forward cautiously and seek HR compliance support from professionals when needed.
If you need help onboarding employees and maintaining compliance with I-9s, W-2s, W-4s, and so on, maybe you should consider a PEO.
