Understanding I-9 Compliance Completion of Form I-9 Understanding I-9 Compliance
Objectives Define the Form I-9 Review employer responsibilities Complete all three sections of Form I-9 Identify Common errors Establish how to correct the Form I-9 Review key points Provide Tools and Resources
What is the Form I-9 Form I-9 helps employers United States Citizenship and Immigration Services (USCIS) By law, all US employers are responsible for the completion and retention of Form I-9
Immigration & Customs Enforcement (ICE)
Immigration & Customs Enforcement (ICE)
Employer Responsibilities Employers MUST: Verify the identity and employment authorization of each person hired Complete and retain a Form I-9 for each employee Keep Form I-9 separate from employment files Employers must NOT: Discriminate against individuals on the basis of national origin, citizenship, or immigration status Hire anyone known to be unauthorized to work in the United States
Employer Responsibilities Employers who violate the law may be subject to: Civil fines Criminal penalties (when there is a pattern or practice of violations)
Section 1- Supporter Processing the I-9
Section 1: filled out by Employee
Section 2: Common Errors Personal information is not complete- Check thoroughly before completing Section 2! Employee’s status is not checked, even though they provide identification. Section 1 is not signed or dated by the employee-this can result in significant fines. If you discover an error in Section 1 of an employee’s Form I-9, ask the employee to correct the error. Managers may not make changes to section 1 on the employee’s behalf!
Section 2: Employer
Section 2: filled out by Manager
Section 2: Common Errors Employee’s last name and first name are not listed on Section 2 Listing order of documents in list A, B or C is incorrect. Missing or Incorrect Document title, Issuing authority, document number or Expiration Date (if any) Missing employee’s date of hire Employer information missing or incomplete Employer signature date not within 3 days of the first day of employment, but not including the actual date of hire Using documents that do not establish employment eligibility and/or identity (i.e. Restricted Social Security Card Printed SS Card stating “Valid for Work Only with DHS Authorization: Using foreign passports without the I-94 or Temporary I-551 stamp Using an I-29 or DS-2019 without an I-94
Section 3: Reverification
Section 3: Updating and Reverification
Storing and purging your I-9 File Maintenance Storing and purging your I-9
Correcting Form I-9 Employers may only correct errors made in Section 2 or 3 If an employer discovers an error in Section 1 of an employee’s Form I-9, they must ask the employee to correct the error. Never throw away the original I-9 form– unless the form meets the qualifications to purge.
Correcting Form I-9 The best way to correct the form is to: Draw a line through the incorrect information Enter the correct information Initial and date the correction NEVER use whiteout
I-9 File Retention: Terminated employees Terminated employees’ I-9s can be purged three years after hire OR One year after termination (whichever date is later)
Points to Remember Do not accept a Social Security card that indicates “Valid only with DHS Authorization.” If an employee presents an unexpired green card at the time of hire, do not request new documentation when the green card expires Do not take or keep copies of I.D. or employment authorization documents presented by the employee If you do not use E-Verify, do not require that employees list Social Security number in Section 1 of the form. If you employ individuals whose work authorization is expiring, reverify in a timely manner. Make certain that the employee and the employer representative sign and date the form.
Web Resources & Additional Training I-9 Handbook for Employers https://www.uscis.gov/i-9-central/handbook-employers-m-274 I-9 Webinar https://www.uscis.gov/e-verify/e-verify-webinars/take-free-webinar Questions??? Call Corporate People Support!
Thank you!