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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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