The U.S. Citizenship and Immigration Services requires all employees to complete the Employment Eligibility Verification Form I-9 and present unexpired original documents establishing identity and employment eligibility. The I-9 is the “implementation tool” for the Immigration Reform and Control Act of 1986. Completion of this document is mandated for every employee hired after November 6, 1986. Even if you are the owner of the company and you have only two employees, if you are on the payroll you must have an I-9!
To help you be compliant with I-9 requirements, here are a few suggestions:
1. Require all new hires to complete and sign Section 1 on their first day of work. One common error found during I-9 audits is the date the employee signed the I-9 was not on or before the first day of employment. Also, do not ask an applicant to complete the I-9 prior to extending a job offer. The information could be used as a weapon in a discrimination lawsuit if the individual is not hired.
2. Train every employee who fills out I-9 forms how to accurately fill out forms. If you find a mistake on an I-9 form in your file, cross it out, fill in the correct information and date it. Do not create a new form. Just note on the form, at each correction, that the change is being made “per self audit.” If you ask the employee to complete a new form, it may be viewed as discrimination.
One of the most common mistakes made by employers is failing to complete the form. Avoid blanks, missing or incomplete information and/or signatures. Potential fines for mistakes range from $500 - $1,000 per incident. Also, please make sure you are using the current version of the I-9 (8/07/09 or 2/02/09) which can be found at www.uscis.gov/I-9.
Use Section 3 of the I-9. Properly update or re-verify the individuals’ status (e.g., name change due to marriage or divorce). You can use Section 3 if the employee leaves your workforce and is rehired within three years of the date the form was originally completed. Also, use Section 3 if the employees’ work authorization is about to expire and you must re-verify the work authorization.
3. Know which documents are acceptable for work authorization. If a new hire is a U.S. citizen a passport or driver’s license with social security card are valid. If the new hire is a non-citizen, an employment authorization document is required. If an employee checks the third box (A lawful Permanent Resident), the Alien “A” number must be completed. If an employee checks the fourth box (An alien authorized. . ), the date the alien is authorized to work until must be completed and the Alien or Admission number must be completed. If you ask for more documentation that is required, you may be fined for over documentation and face charges of discrimination.
A common I-9 mistake made by employers is inconsistency in document photocopies. As an employer, you have the option to photocopy the documents presented by the employee. However, I highly recommend that supporting documentation be copied and attached to the original I-9. Again, as the employer, you have the option to photocopy the documents. But ensure that your choice is applied consistently and either you do, or don’t, make photocopies.
4. Keep track of expiration dates for foreign workers. Many employers forget to re-authorize the I-9 forms for these workers when their visas are renewed. Don’t forget to keep a tickler file to follow up on expiring documents. Notify employees of the need to re-verify 90 days prior to the document expiration.
5. Store I-9 forms separately from other personnel files. The reason? Many government agencies are authorized to inspect your I-9 forms. If you retain the I-9s in personnel files, the government gets to go through the personnel files. Anything they find there can raise additional questions and/or issues.
6. Delete or shred I-9 forms as soon as allowable. Employers must keep an I-9 for every current employee. You also must keep I-9 forms for former employees until three years after their start date or one year after termination, whichever is later. When the documents have expired, shred them. If ICE performs an audit you may be held liable for mistakes or omissions found on the old forms!
For additional information on I-9s, please visit www.uscis.gov/I-9.
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