Maintaining a workforce that complies with legal requirements is essential for businesses in the United States. A critical aspect of this is the proper completion of Form I-9, Employment Eligibility Verification. Non-compliance with this form can lead to substantial penalties, making it vital for employers to stay informed about the latest regulations.
This blog post discusses the significance of the I-9 Form in 2024, detailing its purpose, the correct way to fill it out, and steps to ensure compliance.
What is the I-9 Form?
The Form I-9, formally known as Employment Eligibility Verification, is utilized to confirm the identity and legal right of new hires to work in the United States. It is applicable to all U.S. employers, regardless of their size, for any employee hired after November 6, 1986. This form is a compulsory document established by the Immigration Reform and Control Act of 1986.
Some employers may perceive the completion of Form I-9 as a tedious formality. However, it is a legal obligation for maintaining a compliant workforce. Inadequate completion and retention of Form I-9 can lead to significant penalties for employers.
Here are some important points to keep in mind regarding Form I-9:
- Mandatory for All New Hires: Every new employee hired after November 6, 1986, must complete Form I-9.
- Employer Responsibility: Employers (or their authorized representatives) are responsible for ensuring that both sections of the form are accurately completed.
- Retention Requirements: Employers must keep completed forms for at least three years after the hire date or one year after employment ends, whichever is later.
- By grasping the significance and legal obligations surrounding Form I-9, employers can facilitate a smooth onboarding process and mitigate potential penalties.
Who Completes the I-9 Form?
Form I-9 consists of two sections that require input from both the employer (or authorized representative) and the new employee. Employees must verify their identity and employment eligibility by providing acceptable documentation during the completion of Form I-9. The employer’s role is to review these documents and sign the form, confirming its completion.
Who is Exempt from the I-9 Form?
While the U.S. Citizenship and Immigration Services (USCIS) requires the I-9 Form for most employees, there are certain exceptions. According to USCIS, an “employee” is defined as someone who performs work in exchange for pay or remuneration. Here are some common exemptions:
- Individuals who provide services to your company as independent contractors are not required to complete Form I-9.
- If you hire temporary workers through a staffing agency, that agency will manage the Form I-9 for those individuals.
- Casual domestic workers are exempt from Form I-9 if they work sporadically, irregularly, or intermittently in a private residence.
- Employees working from overseas typically do not need to fill out the I-9.
- Interns who are not compensated for their work are exempt from I-9 requirements; however, if you start paying an intern, you must then complete Form I-9 for them.
Note: It is essential to consult legal counsel or refer to USCIS resources for detailed guidance on Form I-9 completion and exemptions related to your specific circumstances.
Sections of Form I-9, Employment Eligibility Verification
The Form I-9, Employment Eligibility Verification, is a two-page document with specific sections designed to streamline the verification process. Here’s a breakdown of each section and its purpose:
Section 1: Employee Information and Attestation
This section is the foundation of Form I-9. New hires must complete it on their first day of employment. It requires them to provide personal details such as name, address, and date of birth.
They must confirm their citizenship status. This confirmation must be made under penalty of perjury. Acceptable statuses include U.S. citizen, noncitizen national, lawful permanent resident, or noncitizen authorized to work in the United States.
They will also need to present acceptable documentation to verify their identity and employment authorization during Section 2 verification.
Section 2: Employer or Authorized Representative Review and Verification
The employer or their representative must fill out this section within three business days of the employee starting work. Please check the documents provided by the employee in Section 1.
You can find a list of acceptable documents on the USCIS website for your reference. The employer must physically examine the documents and ensure they appear genuine and relate to the employee presenting them.
Supplement A: Preparer and/or Translator Certification for Section 1 (Optional)
This supplement is not required for all situations. It’s used if an individual assists the employee in completing or translating Section 1 of the form. The preparer or translator must then certify their role and qualifications in Supplement A.
Supplement B: Reverification and Rehires (formerly Section 3)
Supplement B is not used for every employee but serves specific purposes:
Name Change: If an employee’s legal name changes after completing Form I-9, the employer should use Supplement B to document the change and verify any new identification documents presented.
Renewing Employment Authorization: If an employee’s work authorization document expires, the employer must use Supplement B to reverify their employment authorization upon document renewal. (Keep in mind, as of April 2024, there’s a temporary rule allowing an automatic extension of EAD validity periods for up to 540 days from the card’s expiration date.)
Rehire Within Three Years: If an employee is rehired in a time period of three years of their original hire date on Form I-9, Supplement B can be utilized to verify their continued employment authorization, though reverification might not always be necessary.
Obtaining and Retaining I-9 Forms
Obtaining Form I-9
U.S. Citizenship and Immigration Services (USCIS) provides the latest version of Form I-9 (published on 08/01/2023) free of charge on their website. It’s your responsibility as an employer to provide a copy to each new hire.
Form I-9 Retention
Proper retention of completed Forms I-9 is crucial. Employers are supposed to retain these forms for at least three years after the date of hiring or one year after the end date of employment, whichever is later. This ensures you can present them upon request during a potential I-9 audit from USCIS.
Form I-9 Expiration Date
Recently, the USCIS updated the Form I-9 to extend the expiration date to 05/31/2027. Employers must use the I-9 Form with the edition date of 08/1/23, which may have an expiration date of either 07/31/2026 or 05/31/2027. Either form may be used until its respective expiration date. Employers are encouraged to update their electronic Forms I-9 systems to use the 05/31/2027, expiration date as soon as possible and must do so no later than July 31, 2026, the expiration date on the previously issued Form I-9.
At EMP Trust HR, we provide an Electronic Form I-9 platform which is integrated within our Onboarding platform. We help you fulfill your Form I-9 compliance with error checking, form guidance, audit reports, custom dashboards, alert notifications & more!
