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What Do You Need to Know About Form I-9?

Employers and recruiters who hire new employees to work in the United States must complete Form I-9. Form I-9 is a document that verifies the identity and employment eligibility of all newly hired employees. The employer must retain the Form I-9 for employment records. 

 

What is Form I-9?

 

The United States Citizenship and Immigration Services (USCIS) administers the Form I-9 program. The government uses Form I-9 to verify the legal work eligibility of all new employees. Form I-9 is a document that must be completed by your employer and each employee. This requirement is mandated by the Immigration Reform and Control Act of 1986. All employers, regardless of size, must comply with all aspects of this form.

 

Acceptable Documents

 

To complete the Form I-9, you must have a valid government issued photo ID with the employee’s name and identification number. In addition, you must certify that all of the information contained on the Form I-9 is true and correct. You may be fined or arrested for knowingly or willfully providing false information.

 

Failure to complete, sign, and have notarized the Form I-9 before the employee starts work could result in the employer being prosecuted for a federal misdemeanor or a fine of up to $1,000. In some instances, the hiring will be stopped and the employer could be fined up to $5,000. 

 

Reverification

 

Organizations must reverify the worker’s employment authorization before the last date of employment authorization. Some documents show permanent work permits and don’t need to be reverified.

 

Electronic Forms

 

The United States Citizenship and Immigration Services (USCIS) recently released a new regulation governing the inspection of employment-based nonimmigrant workers, also known as an “employer verification.” In response, USCIS is shifting from a manual, paper-based process to a digital process, which means employers will no longer be required to collect employee information in person and provide the USCIS with the employee’s completed I-9 form.

 

Record Retention

 

Immigration and Customs Enforcement (ICE) and the Homeland Security Investigations (HSI) Division of U.S. Customs and Border Protection (CBP) has issued a new policy that employers must retain Form I-9s for three years, or longer if the employer wishes to retain the forms for that length of time. This requirement is in addition to (and independent of) the two-year rule, which requires employers to retain Forms I-9 for two years after the date of hire or termination of employment, whichever is later. Employers may also scan and upload original, signed I-9 forms to save them electronically.

 

E-Verify

 

E-Verify is a free service that allows employers to electronically verify the employment eligibility of their newly hired employees. During the hiring process, new employees must complete a personal I-9 form. The I-9 is sent to the Department of Homeland Security (DHS) to be checked against the Department of Labor’s (DOL) database of work authorized individuals. 

 

Final Words

 

The above post sums up the importance of an I-9 process and what’s necessary to ensure a fair and balanced environment. Both sides of the I-9 process must be completed to ensure the employee is properly documented and the employer is not being subjected to a costly fine.

 

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