The I-9 form, officially known as the Employment Eligibility Verification form, is a critical document used by employers in the United States to verify the identity and employment authorization of individuals hired for employment. Proper handling of I-9 documents is essential to ensure compliance with U.S. immigration laws and to avoid potential legal issues. Here’s a detailed guide on what to do with I-9 documents:

1. Understanding the I-9 Form

The I-9 form is divided into three sections:

• Section 1: Completed by the employee on or before their first day of employment. This section requires the employee to provide personal information and attest to their employment authorization status.
• Section 2: Completed by the employer within three business days of the employee’s start date. This section requires the employer to examine and record documents provided by the employee that establish both identity and employment authorization.
• Section 3: Used for re-verifying and updating the employee’s employment authorization status, if necessary.

2. Collecting and Verifying Documents

When an employee presents documents for Section 2, the employer must:

• Examine the Documents: Ensure that the documents appear genuine and relate to the employee presenting them. The employer must physically examine the documents; photocopies or digital images are not acceptable for this purpose.
• Record the Information: Enter the document title, issuing authority, document number, and expiration date (if applicable) in Section 2 of the I-9 form.
• Sign and Date: The employer or authorized representative must sign and date Section 2, certifying that they have reviewed the documents.

3. Acceptable Documents

Employees may present one document from List A (which establishes both identity and employment authorization) or one document from List B (which establishes identity) and one document from List C (which establishes employment authorization). Examples include:

• List A: U.S. Passport, Permanent Resident Card, Employment Authorization Document.
• List B: Driver’s License, State ID Card, School ID Card with a photograph.
• List C: Social Security Card, Birth Certificate, U.S. Citizen ID Card.

4. Retaining I-9 Documents

After completing the I-9 form, employers must:

• Store the Form: Keep the I-9 form for as long as the individual is employed. After employment ends, the form must be retained for either three years from the date of hire or one year after the date employment ends, whichever is later.
• Organize Records: Store I-9 forms separately from personnel files to protect employee privacy and facilitate audits. They can be stored in paper format or electronically, provided that the electronic system meets specific requirements set by the U.S. Citizenship and Immigration Services (USCIS).

5. Re-verification and Updates

If an employee’s employment authorization document expires, the employer must:

• Re-verify Employment Authorization: Complete Section 3 of the I-9 form or complete a new I-9 form if the previous form is no longer available.
• Update Records: Ensure that the re-verification is documented and that the updated I-9 form is retained with the original form.

6. Audits and Inspections

Employers must be prepared for potential audits by the Department of Homeland Security (DHS), the Department of Labor (DOL), or other authorized agencies. During an audit:

• Provide Access: Employers must provide access to I-9 forms and supporting documentation within three business days of receiving a Notice of Inspection (NOI).
• Correct Errors: If errors are found, employers may be given an opportunity to correct them. However, significant or repeated violations can result in fines and penalties.

7. Common Mistakes to Avoid

• Incomplete Forms: Ensure all sections of the I-9 form are fully completed and signed.
• Discrimination: Avoid asking for specific documents or more documents than required, as this can be considered discriminatory.
• Late Completion: Ensure Section 2 is completed within three business days of the employee’s start date.
• Improper Storage: Store I-9 forms securely to prevent unauthorized access and ensure they are easily retrievable for audits.

8. Electronic I-9 Systems

Many employers use electronic systems to complete and store I-9 forms. If using an electronic system, ensure that it:

• Maintains Integrity: Prevents unauthorized alterations and maintains an audit trail of all changes.
• Provides Access: Allows for easy retrieval and inspection of I-9 forms.
• Complies with Regulations: Meets all requirements set forth by USCIS for electronic storage systems.

9. Training and Compliance

Employers should provide training to HR personnel and managers on proper I-9 procedures to ensure compliance. Regular internal audits can help identify and correct potential issues before they become problematic.

10. Penalties for Non-Compliance

Failure to comply with I-9 requirements can result in significant penalties, including:

• Fines: Ranging from hundreds to thousands of dollars per violation.
• Legal Action: Potential criminal charges for knowingly hiring unauthorized workers.
• Reputational Damage: Negative publicity and loss of business reputation.

Conclusion

Proper handling of I-9 documents is a critical responsibility for employers. By understanding the requirements, maintaining accurate records, and staying informed about changes in immigration laws, employers can ensure compliance and avoid costly penalties. Regular training and internal audits can further enhance compliance efforts, ensuring that the organization remains in good standing with regulatory authorities.

In summary, the I-9 process is a vital part of the hiring process, and meticulous attention to detail is required at every step. Employers must balance the need for thorough verification with the obligation to avoid discrimination, all while maintaining secure and accessible records. By following these guidelines, employers can navigate the complexities of I-9 compliance with confidence.