ON HR
The Critical I-9 BY ANITA DOMBROWSKI, MBA, SPHR, SHRM-SCP, PRESIDENT & SR. HR CONSULTANT, FOURTH DIMENSION ENTERPRISES LLC.
N
ew Hire forms are an essential part of your onboarding process and it seems every government agency needs a form. While all the forms are important, the I-9 form (www.uscis. gov/i-9) is critical. The form is used to verify the identity and employment authorization of individuals hired for employment in the United States. The agency responsible for the I-9 form is the U.S. Citizenship and Immigration Services Agency (USCIS). The I-9 form must be completed by U.S. employers of all sizes. Employers must have an I-9 form on file for each employee on their payroll. There are very strict guidelines on how the form must be completed. There are 15 pages of instructions online. There is also a more detailed book of instructions outlining the requirements. The Handbook for Employers: Guidance for Completing Form I-9 (M-274) can be found at www.uscis.gov/i-9-central/ handbook-employers-m-274. The booklet is extremely helpful to identify some of the proofs you might be witnessing.
8
I C O NTR A C T O R S . N E T
Some helpful tips: Both the employee and the employer have sections to complete. USCIS requires the employee to complete his or her section on Day One of employment. The employer has a maximum of three (3) days to complete their section. While there's a form listed on the website in Spanish, only employers in Puerto Rico may file the Spanish form. Forms must be completed in English. However, the Spanish version may be used to assist a nonEnglish speaking employee to better understand the information requested. If the employee is having a hard time understanding what's required, a translator can be used. There's a section on Page 1 for the translator information to be added. The I-9 is a three (3) page form. The instructions specify all three pages of the form must be given to the new hire. Page 3 of the form outlines all of the authorization proofs employees are permitted to use. The list is very specific. There's an A List, B List, and C List. Employers should be sure to enter
the proof information in the proper columns. For instance, Column A is for a U.S. Passport. Column B is for the Driver’s License proof, and Column C is for the Social Security card information. Most employees use a driver’s license and Social Security card as their authorization proofs. Speaking of proofs, the employer or employer's representative must look at and review the original proof document. You can't use a copy of a birth certificate, Social Security card, or any other of the listed proofs. The employer or employer's representative should examine each of the proofs to determine if the proofs look reasonably genuine and relate to the description of the approved proofs listed on the form. The person who reviews the proof is the person who should sign the form. While these details may seem "over the top" to you, they're critically important. Employers who violate the law and either don't have I-9’s on file for every employee or have been careless in how the forms are completed should take heed. Civil and criminal fines may be assessed.
