Form I-9 is a federal document used by the United States Citizenship and Immigration Services (USCIS) to verify the identity and employment authorization of individuals hired for employment in the United States. Understanding the I-9 verification process is crucial to maintaining I-9 compliance as an employer.
In this comprehensive I-9 guide, you’ll learn everything you need to know about this document, including who needs to complete Form I-9, the steps for completing Form I-9, common mistakes and tips to avoid them, and more. As one of the most important federal documents that employers are required to complete and store in their records, complying with Form I-9 is crucial to remain in good standing with the federal government.
What is Form I-9?
Form I-9, Employment Eligibility Verification, is a federal document administered by the United States Citizenship and Immigration Services and is used to verify the work authorization and identity of individuals up for hire in the United States. This federal document was introduced in 1986 through the Immigration Reform and Control Act (ICRA) and is still used today to verify work eligibility in the U.S. All employers must complete and store I-9 forms for each employee, for each employee, hired in the United States, irrespective of the citizenship status.
Form I-9 and its supporting documents are crucial for employers to complete and maintain in their records. These documents ensure internal hiring processes are fair and equitable, protecting workers from discrimination by demonstrating all employees go through the same hiring process regardless of their citizenship status or national origin. By protecting the rights of employees, Form I-9 ensures no worker faces mistreatment or discrimination.
Who Needs to Complete Form I-9 for Compliance?
All employers, regardless of size, industry, or location within the United States, must complete and retain Form I-9 for each individual they hire for employment after November 6, 1986. This applies to all employees as long as they receive any type of payment.
Examples of individuals employers need to complete Form I-9 for include U.S. citizens and nationals, noncitizens, regions, and employees transferred to the U.S. When a new employee is hired, Form I-9 must be completed within three days of the employee’s start date. Failing to comply can result in penalties and fines.
Steps for Completing Form I-9
One of the most important components of our I-9 guide is understanding the steps to complete Form I-9:
- Step 1: Employees Complete Section 1: The first step of completing Form I-9 is having employees complete Section 1 by their first day of employment. In Section 1 of Form I-9, employees must provide important information, including their full name, address, date of birth, Social Security number, signature, date, and their immigration status, whether they’re a U.S. citizen or national, lawful permanent resident, or noncitizen national authorized to work in the U.S. Employees also have the option of providing their telephone number and email address.
- Step 2: Employees Provide Documentation: In addition to completing Section 1, employees are required to provide original, unexpired documents that confirm their identities and employment authorization status in the United States. Employees can present one document from List A or one document from List B paired with one document from List C.
- Step 3: Employer Completes Section 2: Once employees complete Section 1 of Form I-9 by their first day, employers are required to complete Section 2 within three business days of the employee’s first day of employment. During this step, it’s crucial for employers to carefully review the original documents provided by the employee to verify their identity and employment authorization. Employers must keep records of the document title, issuing authority, document number, and expiration date (if applicable) of the documents provided by the employee.
- Step 4: Reverifying or Updating Supplement B, Reverification and Rehires: In some cases, employers may need to use Supplement B, Reverification and Rehires of Form I-9 to reverify an employee’s work authorization if it expires or for any rehires who rejoin within three years from the first time they completed Form I-9. Section 3 can also be used to update the employment authorization date.
- Step 5: Retaining Form I-9: Once an employee’s I-9 Form is complete and reviewed by the employer, employers must retain their I-9 Form for three years after their hire date or one year after their employment ends, whichever date comes later.
Acceptable Documents for Form I-9 Compliance
Employees must present documentation to employers when completing Form I-9 that proves their identity and employment authorization status in the United States. Employees must present either one document on List A of Form I-9 or one document from List B along with one document from List C. Below are examples of acceptable documents for Form I-9:
- List A Documents:
- U.S. Passport or U.S Passport Card
- Permanent Resident Card or Alien Registration Receipt Card
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
- Employment Authorization Document that contains a photograph (Form I-766)
- Foreign passport with Form I-94 or Form I-94A with Arrival-Departure Record, and containing an endorsement to work
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
- List B Documents:
- Driver’s license or ID card issued by a State or outlying possession of the U.S. provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
- ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
- School ID card with a photograph
- Voter’s registration card
- U.S. Military card or draft record
- Military dependent’s ID card
- U.S. Coast Guard Merchant Mariner Card
- Native American tribal document
- Driver’s license issued by a Canadian government authority
- List C Documents:
- Unrestricted U.S. Social Security Card
- Certification of report of birth issued by the Department of State (Forms DS-1350, FS-545, FS-240)
- Original or certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing an official seal
- Native American tribal document
- U.S. Citizen ID Card (Form I-197)
- Identification Card for Use of Resident Citizen in the United States (Form I-179)
- Employment authorization document issued by the Department of Homeland Security (DHS)
Common Mistakes and How to Avoid Them
Ensuring Form I-9 compliance is fairly straightforward, but several mistakes can be costly and detrimental. Common Form I-9 mistakes to look out for include:
- Missing deadlines: One of the most common mistakes is missing the crucial deadlines for completing Form I-9, which can lead to heavy fines. To avoid this, ensure employees complete Section 1 by their first date of employment and that you, the employer, complete Section 2 within three business days of an employee’s first day of employment.
- Requesting specific documents: Employers can’t request employees to provide specific documents on either List A or List B and List C. Employees can choose any document from the List of Acceptable Documents, whether a single document on List A or a combination of documents provided on List B and C.
- Using the wrong form: Like many federal documents, Form I-9 regularly gets reviewed and updated. It’s crucial to ensure the most recent Form I-9 is used when new employees are hired.
- Failing to reverify: As an employer, it’s your duty to reverify an employee’s I-9 Form if they used a document with an expiration date during any point in their employment. Remember – do not re-verify U.S. Citizens and non-citizen nationals, Lawful Permanent Residents (I-551), or List B documents; To reverify, use Supplement B, Reverification and Rehires.
- Failing to retain documents: I-9 Forms must be retained for three years after an employee’s date of hire or one year after their employment ends, whichever is later. Failing to do so can result in penalties and fines, so make sure to have a secure system in place for retaining these documents.
I-9 Compliance
Maintaining I-9 compliance is crucial for avoiding penalties and fines that can affect your bottom line. It’s also a legal requirement by the federal government, ensuring employers avoid discrimination claims and prevent unauthorized employment. Some of the penalties for I-9 non-compliance include:
- Technical violations: Employers can face fines if they make technical violations when completing Form I-9, such as errors with an employee’s name, address, or date of birth, failing to provide the correct signatures, or using an expired I-9 Form. Employers have 10 business days to correct technical violations after an inspection to avoid fines. If not corrected within 10 business days, these technical violations get upgraded to substantive violations.
- Substantive violations: More serious violations include missing deadlines for completing Form I-9, failing to ensure an employee writes down their name in Section 1, and failing to date Section 2. These violations are generally not permitted to be corrected, resulting in more substantive fines and penalties.
Failing to comply with I-9 regulations can result in civil and criminal penalties. Civil fines for paperwork violations can range between $281 to $2,789 for each violation, increasing for repeated violations. If employers engage in a pattern of repeat offenses or knowingly employ unauthorized workers, they can face more severe penalties and jail time.
Electronic Form I-9
One of the best ways to ensure I-9 compliance is automating I-9 management and using the electronic I-9 Form. There are several benefits of electronic I-9 Forms, such as improved accuracy due to built-in validation checks, efficiency by streamlining the submission process, enhanced compliance thanks to features that check for errors or missing fields, and simplified audits due to the ability to search, organize, and retrieve I-9 Forms.
When looking for the right electronic I-9 system, look for compliance features like audit trails, error-checking features, and automatic updates that ensure your system is current on the latest regulations. Additionally, ensure your system is intuitive and easy to use, with robust security features to protect sensitive employee information.
Storing and Retaining Form I-9
One key step of the I-9 verification process is storing and retaining I-9 Forms for at least three years after an employee’s first day of work or one year after the end of their employment, whichever date comes later. Employers can physically store I-9 forms on-site or off-site at a storage facility, maintaining the original paper document or storing I-9 Forms on microfilm or microfiche.
Employers can also store I-9 Forms electronically on a system that has robust controls to ensure the integrity and accuracy of electronic I-9 Forms. Electronic systems must ensure an audit trail that notes any changes or updates to I-9 Forms and a detailed index of all relevant data that can easily be accessed when requested.
Audits and Inspections
As an employer, it’s always important to be prepared for an I-9 audit. To prepare, it’s crucial to first ensure all I-9 Forms are completed within three business days, and only valid documentation is provided by employees. Conducting internal I-9 audits is an excellent way to ensure all I-9 Forms for each employee on your payroll are accounted for, completed correctly, and stored safely.
If you are chosen for an inspection, U.S. Immigration and Customs Enforcement (ICE) will send an I-9 Notice of Inspection, which means that you must demonstrate and confirm your compliance with I-9 regulations within 72 hours. If you receive this notice, read it carefully to know what’s expected, conduct an internal I-9 audit, and prepare for the possible outcomes.
Updates and Changes to Form I-9
The federal government regularly changes many of the documents it uses to stay current, with Form I-9 included. The most recent changes to Form I-9 include reducing Sections 1 and 2 to a single sheet and moving Section 1 Preparer/Translator Certification area to a separate sheet titled Supplement A that employers can use when necessary. These are some of the key changes to Form I-9, and working with a reputable I-9 management, compliance, and verification service provider can ensure you’re up to date on the latest changes to Form I-9 to maintain I-9 compliance.
Conclusion: Mastering Form I-9 Compliance for a Seamless Employment Verification Process
If you’re an employer, using our I-9 guide can help ensure I-9 compliance throughout the entire I-9 verification process. Understanding the deadlines, requirements, and penalties allows you to be aware of what’s required from the federal government to ensure your employees are authorized to work in the United States.
