Introduction
In 2023, the United States Citizenship and Immigration Services (USCIS) introduced an updated version of Form I-9, the Employment Eligibility Verification form. This form is a crucial document that employers use to verify the identity and employment authorization of individuals hired for employment in the United States. In this blog post, we will provide a comprehensive guide on how to fill out the new Form I-9, ensuring compliance with the latest requirements.
Filling Out the Form I-9
Section 1: Employee Information and Attestation
The employee must complete this section no later than their first day of employment. They are required to provide their full legal name, contact information, date of birth, Social Security number (if applicable), and citizenship status.
Additionally, the employee must attest to their employment authorization status by selecting one of the acceptable options provided on the form.
Typically for the Form I-9 employers must examine an employee’s documentation in the employee’s physical presence. However, if an employer is unable to meet with the worker to review their original Form I-9 documents, Federal Law allows employers to use an authorized representative to fulfil this function of the employer’s behalf.
Beginning August 1st, 2023 employers started to follow a new alternative procedure to the in-person physical document examination method provided that the employers are enrolled in E-Verify and they should be considered in good standing with E-Verify.
Section 2: Employer Review and Verification
Within three business days of the employee’s start date, the employer must review the employee’s original documents. This is crucial for establishing their identity and work authorization.
The employer should examine the documents provided by the employee and complete the required fields in Section 2. These fields include- document title, issuing authority, document number, and expiration date.
Employers must ensure that the documents appear genuine and relate to the employee presenting them.
Section 3: Reverification and Rehires
When an employee’s work authorization document expires, the employer must reverify their employment authorization. For this purpose they need to complete Section 3 of the Form I-9.
For rehired employees, employers may need to complete Section 3 if the original Form I-9 is still valid. That is the employee is rehired within three years of the initial hire date.
Tips for Compliance:
- Stay informed about the latest immigration regulations and updates to Form I-9 requirements.
- Train HR staff responsible for completing Form I-9 to ensure accuracy and compliance.
- Keep detailed records of Form I-9s and supporting documentation for each employee.
- Conduct periodic internal audits to identify and correct any errors or deficiencies in Form I-9 completion.
Conclusion:
Filling out the Form I-9 accurately and in compliance with the latest requirements is essential for employers. As a result, they can avoid potential penalties and maintain a lawful workforce.
By following the guidelines outlined in this blog post and staying informed about any updates to the form. This can help employers navigate the process of verifying employment eligibility for their employees effectively.
