Content
- Personal Tools
- Establish Employee Identity
- Consular Report Of Birth Abroad Form Fs
- Discrimination Is Prohibited
- Form I
- List B Documents
- What If An Employee Doesn’t Fill Out A Form I
If employers choose to make copies of the documents, they need to do so for all employees, regardless of national origin or citizenship status. Upon completing the I-9 verification process, employers return the original documents to employees. Hiring new employees can translate into a higher level of administrative requirements.Mandatory paperworkmust be completed and retained for each employee, including the Form I-9. Required by federal immigration law, the Form I-9 is a mandatory employee documentation form. 
Personal Tools
Employees must have their part of the I-9 form filled out by the first day of work, and you – the employer – only have until the third day. The 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 take place at random, and failure to comply can result in hefty penalties. Use this step-by-step guide to ensure a thorough I-9 self-audit and leave no space for omissions, non-compliance, and fines.
How do I get an I-9 form?
To order USCIS forms, you can download them from our website at www.uscis.gov/forms or call our toll-free number at 1-800-870-3676. You can obtain information about Form I-9 from our website at www.uscis.gov or by calling 1-888-464-4218.Though there is no legal requirement that Forms I-9 need to be stored separately from the employment file, employers have only 3 business days after receipt of a Notice of Inspection from the ICE to gather necessary documentation. When employers designate authorized representatives, those representatives, including personnel officers, foremen, agents, or notaries, need to carry out all Form I-9 compliance responsibilities. Employers must complete the Reverification and Rehires section by entering their full name and signing and dating the Form I-9, acknowledging, under penalty of perjury, that the employee appears to be authorized to work.
Establish Employee Identity
Diane Costagliola is an experienced researcher, librarian, instructor, and writer. She teaches research skills, information literacy, and writing to university students majoring in business and finance. She has published personal finance articles and product reviews covering mortgages, home buying, and foreclosure. An I-9 Form is government paperwork that is required for employees to work in the United States. Ensure the date entered in Section 2 as the date the employee began employment matches the date in payroll records.Employers must maintain their I-9 records for possible inspection by the federal government. Employers need to retain original I-9 forms for three years after the date of hire, or one year after the date employment ends, whichever is later.
Consular Report Of Birth Abroad Form Fs
Also, employers cannot assume that the employee is unauthorized to work just because the individual either could not bring proof of employment authorization or has brought unacceptable documents until the start date of the employment. U.S. citizens and all work authorized individuals are protected from document abuse. As in the case of the employee, employers must attest under penalty of perjury that they have reviewed the necessary documents, believe they are genuine and believe to the best of their knowledge that the employee is authorized to work in the U.S. In addition to signing the certification section, the employer must note the employee’s first day of employment as well as other employer information (the name of the business, the title of the person signing the form and the business’s address). Employers may designate or contract with someone such as a personnel officer, foreman, agent, or anyone else acting on their behalf, including notary public, to complete Section 2. However, anyone else who completes Form I-9 on their behalf must carry out full I-9 verification responsibilities.
- The form is completed by both the employer—you, in this case—and your employee.
- The I-9 form is designed to obtain information from new employees that demonstrate their eligibility to work legally in the U.S.
- Electronic storage and retention of I-9 forms can help you reduce the time allocated to administration and eliminate clerical errors that result in fines during an audit.
- If the employee decides to contest the mismatch, they must contact the appropriate agency to resolve the mismatch within eight federal government work days from the referral date.
- You, as the employer, will verify their identification documents to confirm their work eligibility and sign the form.
- The employer can—but is not required to—create a copy of the document presented.
- Form I-9, Employment Eligibility Verification, first became an employment requirement under the terms of the Immigration Reform and Control Act of 1986.
When you hire a new employee, you must verify that the person is legally eligible to work in the United States. Once you’ve made a job offer , the new employee must demonstrate eligibility to work in the U.S. by completing the I-9 Form, Employment Eligibility Verification. Failure to date the employer section of the form within three business days of the date that employment begins. I-9 forms are valid indefinitely unless there is a gap in employment of more than one year.
Discrimination Is Prohibited
Official notices for the production of documents for inspection are legally required to provide 72 hours’ notice. A thorough review including self-audit procedures can help to avoid errors on the forms. If a mistake is found, the USCIS providesguidance on correcting forms. When an error is discovered in section one, the employer should request that the employee make corrections. Errors in sections two or three should be corrected by the employer.
Who needs to fill out an i9?
Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization.Each section contains different requirements, and failure to comply would result in delayed hiring, transmission of incorrect data to USCIS for E-Verify purposes and civil penalties. A. You do not need to complete an I-9 for that employee if the employee is continuing in his or her employment and has a reasonable expectation of employment at all times. A. Yes, you must complete I-9s for all of your employees, including yourself.
Form I
You are not required to complete I-9s for employees hired before November 7, 1986. For these employees, you should do so for all your current employees hired before November 7, 1986. Failure to provide the I-9s for inspection is a violation of the employer sanctions laws and could result in the imposition of civil money penalties. 
List B Documents
As of 2020, there are 25 acceptable documents for establishing identity and/or work eligibility. In addition to your basic personal information, when you fill out an I-9 Form you need to provide at least one of the approved forms of documentation to prove your identity andeligibility to work in the U.S. At the end of the day, when you hire new employees, take time and be conscientious about the I-9 form process—your business will be better off in the long run. Can cause your business great trouble with the federal government if you’re not making sure it’s filled out correctly and filed, for all your employees, within the appropriate time frame. To complete your I-9 forms for your employees, you’ll mark off which documents you reviewed on that platform. Expired passports used to be an acceptable form of ID, but that’s not the case anymore.These forms must be maintained for a specified time after an employee stops working for the company. The company may determine the best way to store the forms, but there are specific recordkeeping requirements if they’re stored electronically. The I-9 processor will use Tracker I-9 Complete to complete Section 3 of the Form I-9. Section 3 may be used to re-verify or update work authorization for existing employees and for rehires. I-9 processors may complete this section if this section has not already been utilized and is still accessible.One of the changes introduced with the newest version of Form I-9 is that an authorized representative can be any person the employer authorizes to complete and sign the form on their behalf. This proved to be especially useful during the COVID-19 pandemic when many employers opted for the authorized representative model instead of the traditional I-9 process. When employers are unable to be physically present with employees for I-9 verification, such as situations where employers are onboarding remote employees, they have to designate authorized representatives to complete Form I-9. When employers hire remote employees, they need to ensure continued I-9 compliance and follow the necessary I-9 verification requirements. Unexpired employment authorization document issued by the Department of Homeland Security. This does not include Form I-766, Employment Authorization Document, from List A.Citizenship and Immigration Services is completed by the employee and you. Retain the form with your other employment records—do not file it with the government.
