Form I-9: What You Need To Know
What are Basic Form I-9 Requirements?
All employees hired after November 6, 1986 must have a I-9 form on file
Employers must use the current version of I-9 form, issued on 8th March 2013, and with an expiration date of 31st March 2016
The I-9 Form contains three sections: ◦ Section 1: Employee Information and Verification ◦ Section 2: Employer Review and Verification ◦ Section 3: Updating and Re-verification
Section 1 - Employee Section 1 - Completed by employees • Employee must complete section one before work commences • Employee must provide their: ◦Name ◦Current address, including street name and number (no P.O. Box), city, state and zip code ◦Date of birth ◦Check mark next to the appropriate box to indicate whether they are a U.S. citizen or national, lawful permanent resident of the U.S., or an alien authorized to work in the U.S. ◦Alien registration/USCIS or form I-94 admission number and the date employment authorization expires (if applicable) ◦Signature and date • Additionally,
employees may provide their:
◦Social security number (This is optional unless the employer uses E-Verify and the individual has been issued a number.) ◦Telephone number ◦E-mail address
Section 2 - Employer Section 2 - Completed by employer by end of third business day after employee starts work. •
Ensure that any document an employee presents is on the list of acceptable documents (Lists A, B or C)or is an acceptable receipt.
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Certify that the documents: • reasonably appear to be genuine • relate to the individual • authorize the individual to work
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Documents examined must be originals – not photocopies.
Section 3 – Re-verification Section 3- Completed by employers for employees who are rehired or whose employment authorization requires re-verification
Re-verification is required: ◦ When employment authorization document has an expiration date ◦ Employee is rehired within three years of the date that form I-9 was originally completed ◦ Employee changes his or her name
Re-verification is not required for : ◦ U.S. citizens ◦ Lawful permanent residents (LPRs) who have presented a Permanent Resident Card (Form I-551) for Section 2 ◦ List B documents
Form I-9 Exceptions Employers are not required to complete form I-9 for: â—Ś Casual domestic service employees working in a private household when work is sporadic, irregular or intermittent â—Ś Independent contractors for whom employers do not set work hours or provide tools to do the job â—Ś Individuals not physically working in the U.S.
Best Practices to Ensure I-9 Compliance ◦ Keep I-9 forms in separate binders for current and terminated employees. ◦ Print and maintain a list of all current employees and recently terminated employees. ◦ Ensure correct version of form I-9 is used. ◦ Do not accept any document with an expired date. ◦ Do not re-verify U.S. passports, passport cards, Permanent Resident or Resident Alien cards, or List B Identity documents. ◦ Re-verify before the existing work authorization documents expire. ◦ Be proactive, self audit for errors and train everyone involved in the process to ensure consistency. Do not ignore red flags. ◦ Be mindful of discriminatory action by employers - let the employee choose what to submit as supporting documentation. ◦ Calculate retention dates for terminated employees. ◦ Know your rights - ask for a written Notice of Inspection and ensure your right to 3 days’ notice.
Want to learn more about form I-9 , its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: I-9 Compliance: Knowing What to Do and When to D
I-9 Compliance: How to Avoid an ICE Meltdown
Form I-9: ICE Storms Could Cost Your Company Mill
Form I-9 and E-Verify, How to Stay Compliant
How to Ensure ICE I-9 Compliance
How to Survive an I-9 Audit