This 3-page form is incredibly important.
What is Form I-9?
The Form and instructions on completion can be found here.
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the US. Employers must ensure proper completion and retention of Form I-9 for every individual hired for employment. Both employees and employers must complete and sign the form. On the form, employee must attest to their employment authorization. The employee must present their employer with acceptable documents proving identity and employment authorization. A list of acceptable documents is found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
What Should I Do to Remain Compliant?
Employers are required by law to maintain for inspection original Forms I-9 for all current employees. In the case of former employees, retention of Forms I-9 are required for a period of at least three years from the date of hire or for one year after the employee is no longer employed, whichever is longer. While not required by law, it’s a good idea for employers to conduct an internal audit of their I-9 Forms to ensure ongoing compliance with legal requirements. When conducting an I-9 Audit, employers should follow specific steps as outlined in the Handbook For Employers. This includes informing the employees in writing that the employer will conduct an internal audit of Forms I-9 and explaining the scope and reason for the internal audit and stating whether the internal audit is independent of or in response to a government directive.
Keep in mind:
- Only require I-9 Forms from employees, after they accepted the offer or on their 1st day of work-never before
- It may be a good idea to provide the I-9 Form with your offer letter, so employees are prepared on day 1 with their required documents to complete the form
- If you find an error in a Form, aim to document and correct it immediately
- Train whomever manages the collection and completion of Forms to avoid future errors
- Collect and retain Forms in a consistent manner, for all employees
- An employer may not correct errors or omissions in Section 1. If an employer discovers an error or omission in Section 1, the employee should be asked to correct the error
- An employer may only correct errors made in Section 2 or Section 3 of the Form I-9
- When a Form I-9 does not reflect that the employee provided sufficient documentation upon hire or re-verification under Form I-9 rules current at the time of hire or re-verification, an employer should ask the employee to present documentation sufficient to meet the requirements of the current version of the Form I-9
Failure to comply with Form I-9 can result in employers receiving monetary penalties and in certain situations may lead to criminal prosecution. Additionally, an employer found to have knowingly hired or continued to employ unauthorized workers may be subject to debarment by ICE, meaning that the employer will be prevented from participating in future federal contracts and from receiving other government benefits. Monetary penalties for knowingly hire and continuing to employ violations range from $375 to $16,000 per violation, with repeat offenders receiving penalties, at the higher end.
FOOD FOR THOUGHT
- Is your staff trained on proper I-9 Form collection and retention procedures?
- When was the last time you audited your I-9 Forms?
- Are you in compliance with the required retention rules?