Each year, there is a flood of I-9 forms being completed, filed, and stored. All employers are obliged to complete and store the Form I-9 for new employees to verify both their eligibility and identity. This form contains several sections that are required to be completed, but it has many sections that aren’t required.
About Form I-9
In 1986, the U.S. government passed the Immigration Reform and Control Act (IRCA) to address a problem that had been growing for years: illegal immigration.
Form I-9 is an identity document used by U.S. employers to verify the identity and employment authorization of foreign nationals seeking employment in the United States. Form I-9 is used to verify the identity and employment eligibility of each employee hired for employment in the United States. Form I-9 is required by the U.S. government for all employers who hire, or are hiring, non-citizens for employment in the United States. Form I-9 is also used by federal, state, and local government entities, including all municipalities, state agencies, and all agencies of the United States Department of Homeland Security.
Common I-9 Mistakes
The I-9 form is one of the most critical forms in the process of completing and thus requires great attention to detail. Employers who fail to fill out the form correctly and/or return it to the right address may be subject to civil and criminal penalties.
Not completing I-9 forms on time
It is critical to take this step seriously and complete the Form I-9 within the required timeframe. The form is completed for a number of reasons, including to verify the identity and employment eligibility of the person filling out the form, to ascertain if the person has a criminal or a history of fraudulent activity, to prevent identity theft, and to protect from any potential harm to the US citizen economy.
If you have not filed the I-9 forms on time, your organization may be audited, which can lead to substantial fines. To avoid being fined, you will need to begin the I-9 process before the employee arrives in the U.S.
Backdating forms
Employers are required to complete a Form I-9, Employment Eligibility Verification, for every person they hire. The form must be completed within 3 days of the hire date. If the form is not completed within 3 days of hire, an employer can’t continue to employ that person.
Specific documentation as proof of identity
The last page of the I-9 Form lists out all acceptable identification that the worker may bring. However, employers cannot tell or put pressure on their workers to bring a certain document from the list.
Forgetting to Re-Verify the Documents
If the documents used to fill Section 2 of the Form I-9 need re-verification because of expiration at any point during work, employers require to do so by filling Section 3 with updated documents before the expiration of the original document and not after.
Proper Form I-9 Completion
In conclusion, a properly completed Form I-9 proves that an employee is authorized to work in the U.S. and that the employer is not liable for employing an unauthorized worker. A properly completed Form I-9 will also help prevent the employer from committing the federal crime of employing an unauthorized worker. Employers should periodically review their I-9s for completeness and accuracy.
Attend the Compliance Prime webinar to know more about Form I-9.
