The Critical Form I-9: Ensuring Your Employees Are Legal

 

When it comes to employee documentation, Form I-9, Employment Eligibility Verification, is one of the most important forms every employee must complete. As an employer, you must have every United States-based employee fill out this form and retain it appropriately. 

However, if you’re hiring your first employee(s), you might be new to this process. What are employees’ responsibilities? What are yours? How do you fill out Form I-9 and file it? We’re covering all of this below. 

What is Form I-9?

Form I-9 confirms the identity and employment authorization of individuals hired for employment in the U.S. Each employee attests to their employment authorization on the form and provides acceptable documents as proof of their identity and employment authorization (more on these below). There are specific sections for both you and the employee to complete.

Who Must Complete Form I-9?

Every employer should be aware of the essential Form I-9 requirements regarding who must complete it, the deadline, and the supporting documents. 

You must complete Form I-9 for every employee you hire in the United States, including citizens and non-citizens. Employees must fill out Section 1 by their first day of work and provide you with their identity and employment authorization documents within three days of their first day of work. You must verify within three days of their start date. Streamline this process by making Form I-9 a critical step in your new hire paperwork checklist

The U.S. Citizenship and Immigration Services (USCIS), which dictates Form I-9 requirements, states that the form is unnecessary for employees who are:

  • Hired on or before November 6, 1986, who are still employed 

  • Hired on or before November 27, 2009, in the Commonwealth of the Northern Mariana Islands (CNMI)

  • Employed for casual domestic work in a private home on a sporadic, irregular, or intermittent basis

  • Independent contractors or employed by a contractor (e.g., leasing or temp agencies)

  • Not physically working on U.S. soil

How to Complete Form I-9

First, use the most recent version of Form I-9 (08/01/23 when this article was written). The USCIS provides detailed instructions for Form I-9, but a quick breakdown is below:

  • Section 1: Employees must complete this portion by their first day of employment and provide acceptable identity and work authorization documents to you, the employer, within three days of their first day. (Employees can only complete the form after accepting a job offer.)

  • Section 2: You (or your representative) must examine the document(s) to verify they are genuine and relate to the employee, and fill out Section 2 within three days of the employee’s start date. Remote verification is available for employers in good standing in E-Verify.

  • Supplement B: You’ll only need to complete this page when an employee needs reverification, is rehired within three years of the date their original I-9 was completed, or has a legal name change. 

How Do Employers Designate a Representative?

The USCIS allows you to designate, hire, or contract any individual you choose to handle Form I-9 completion, updates, and corrections on Section 2 and/or Supplement B on your behalf. This can be anyone within your company, a notary public, a lawyer, or even a third-party service. The representative does not need special qualifications, and you don’t need a contract or agreement with them.

Note that:

  • You—not the representative—are liable for any violations related to the I-9 process, such as errors or violations during the verification process.

  • Employees cannot be authorized representatives for their own Form I-9.

How Does Remote Verification Work?

The I-9 alternative procedure, which allows for remote inspection, eases the process for employers and employees, especially on remote teams. 

This process allows you to verify the new hire’s documents over a live video meeting, during which the employee must show the same documents they submitted with Section 1. E-Verify then electronically compares the information you input from the employee’s I-9 to Department of Homeland Security (DHS) and Social Security Administration (SSA) records to validate their documents and identity.

If you examine the employee’s documents remotely, you must check the box in the Additional Information area to indicate you used the alternative procedure authorized by DHS. 

What Forms of Identification are Acceptable?

Employees may provide either one option from List A (documents that show both identity and employment authorization), or one document from List B (which shows identity only) and one from List C (which shows employment authorization only). 

You can’t require employees to present specific documentation. If an employee provides one item from List A, you shouldn't also ask them for items from List B and List C.  

What About Rehires?

If you rehire an employee within three years from the date their last Form I-9 was completed, you can either update their current form under Supplement B or complete a new one. They will need to be reverified if any of their documentation has expired. 

Note that if a new version of Form I-9 has been released, the employee must submit new documents according to the latest acceptable documents list. You’ll need to fill out the new Form I-9 and retain it with the employee’s previous I-9. 

You'll need to complete a new I-9 for any employee hired more than three years after the last one was completed.

Do I-9s Have to Be Reverified?

Employers must reverify Form I-9 when an employee’s employment authorization expires by the expiration date. Again, you’ll use Supplement B for this, and the employee must provide new work authorization documentation. They don’t have to show the same type of document(s) they used last time. 

You do not need to reverify U.S. citizens and non-citizen nationals, lawful permanent residents who presented Form I-551, or List B documents. 

How Do I-9s Have to Be Retained?

So, how long do you have to keep Form I-9 for each employee? The USCIS requires employers to “retain the individual’s Form I-9 and all attachments for one year after the date employment ends, or three years after the first day of employment, whichever is later.”

You may obtain electronic signatures and scan and store Form I-9s electronically. However you store them, be sure to keep them separate from all other personnel files in a secure location. If you are ever audited, you may need to provide I-9s and copies of supporting documentation for inspection. 

Establish a Solid Form I-9 Process

Regardless of your business's type or size, if you have employees, you have Form I-9s to manage. A solid process around this required document and all new hire documentation will ensure compliance and a smoother working relationship with your team members. Simply put, every employer should understand employee and employer responsibilities so nothing slips through the cracks!

Do you have questions about Form I-9 or other areas of your financial documents? Book an intro call with JLS Accounting, and our experienced team will gladly guide you.