Mastering the I-9: Key Tips and the 11/1/23 Deadline
For employers in the United States, the I-9 form is a crucial document that verifies an employee's identity and eligibility to work in the country. Accurate completion of the I-9 form is not only a legal requirement but also essential to maintain compliance with federal regulations. In this blog post, we will walk you through the correct way to fill out an I-9 form, ensuring a smooth and error-free process for both employers and employees.
Step 1: Obtain the Latest Version of the I-9 Form
Before beginning the process, ensure you have the most recent version of the I-9 form (download this form for your records). Always ensure you have the most current form from the U.S. Citizenship and Immigration Services (USCIS) website by looking at the top right corner of the form and ensure that it doesn’t expire until 7/31/2026.
You can continue to use the prior form, but as of November 1st, you need to make this switch.
Step 2: Provide Section 1 to the Employee
The first section of the I-9 form must be completed by the employee on or before their first day of work. This section requires the following information from the employee:
Full legal name
Maiden name or other names used, if applicable
Residential address
Date of birth
Social Security Number (optional, but encouraged for accurate E-Verify submissions)
Email address (optional)
Telephone number
The employee must also attest to their employment eligibility status and indicate their citizenship or immigration status, providing the necessary supporting documentation, such as a passport or a driver's license and Social Security card.
Step 3: Employer Completes Section 2 - Often the most confusing for employers
The employer must complete Section 2 within three business days of the employee's first day of work. In this section, the employer verifies the employee's identity and eligibility to work in the United States by examining original documents that establish both aspects.
Acceptable documents include:
List A: Documents establishing identity and employment eligibility (e.g., U.S. Passport, Permanent Resident Card, Employment Authorization Document)
List B: Documents establishing identity (e.g., Driver's License, State ID card)
List C: Documents establishing employment eligibility (e.g., Social Security Card, Birth Certificate)
Employers must ensure the documents are unexpired and record the document title, issuing authority, document number, and expiration date (if applicable). Detailed information and examples can be found in the U.S. Citizenship and Immigration Department I9 Handbook for Employers.
Step 4: Reverification and Updating the I-9 Form
If an employee's work authorization document expires, employers are responsible for re-verifying their employment eligibility by completing Section 3 of the I-9 form. Re-verification should be done on or before the expiration date of the initial document.
Step 5: Store and Retain the I-9 Form
After completing the I-9 form, employers must retain it for the duration of the employee's employment and for at least three years after the hire date or one year after termination, whichever is later. The form must be kept separate from the employee's personnel file, in a secure and confidential manner.
Completing the I-9 form accurately is not only a legal requirement but also a vital step in ensuring a legally compliant workforce. By following these step-by-step guidelines, employers can streamline the process, avoid errors, and maintain a workforce that adheres to all necessary regulations.
Remember, staying informed about the latest USCIS guidelines is crucial, as any changes to the form or its requirements can impact the completion process. By doing so, you can safeguard your business from potential penalties while ensuring a smooth and seamless onboarding experience for your employees.
