UNDERSTANDING HOW THE UNITED STATES’ I-9 COMPLIANCE WORKS

Managing a small business is hard, especially when you are trying to hire people. Filling out all the paperwork is like navigating a tricky maze. One form you really need to nail is the I-9 compliance form. Making a single mistake could land you in big trouble or even in legal hot water. So, it is crucial to know what the form is for and why getting it right is so important for understanding how the united states’ I-9 compliance works.

Since 1986, the law requires all employers to make sure their new hires can work legally. They do this by using the I-9 compliance form.

It is super important to really get how to fill out and manage this form. Not following the steps correctly or not having the right documents could result in hefty fines or even more serious legal issues.

Trying to keep up with all the new laws, rules from the government, state stuff, and changes to the paperwork is getting harder and harder. This is especially tough when it comes to following the rules for the Employment Eligibility Verification (I-9 compliance form).

Let us dive into the I-9 compliance form, what it is all about, and the best way to tackle it.

The meaning of the I-9 compliance form

Whenever you hire someone new, you, as the boss, need to make sure they are legally allowed to work in the United States. This means you have to ask them to fill out an I-9 compliance form and get their Employment Eligibility Verification from the US Citizenship and Immigration Services after you have made them an offer for a job. They can’t start filling out this form before you have actually offered them the job.

Every new employee has to have this form filled out by their first day on the job—no ifs, ands, or buts. Once you and the new employee have both completed the form, you don’t have to send it off to the government. Instead, you need to keep a copy of it in your records about the employee.

Details about completing the I-9 compliance form

When new people start working at a company, they need to fill out Section 1 of the I-9 compliance form by their first day. This part asks for basic info like:

• Name.
• Address.
• Birthdate.
• Social Security number.
• Whether they are a citizen.

After the employee finishes Section 1, it is the boss’s or someone with their permission’s job to complete Section 2 within three days of the person starting. The boss has to check out the documents that show the person is who they say they are and that they are allowed to work.

It is key to remember that some documents are okay for showing who you are, and others prove you are allowed to work. The I-9 compliance form has a list of what documents you can use to check this out. It is a good idea to keep this list with you to make sure you are doing it right – or you could get a fine.

If a company doesn’t follow the rules for the I-9 compliance form, it could face big penalties, including fines and even criminal charges in serious cases. Not following the rules can also make it hard for an employee to keep their job or could even lead to getting fired if they can’t provide the right documents.

Simple steps to I-9 compliance

• Step 1.

The first step in the I-9 compliance is to establish the identity of the employee. To do this, the employee needs to provide basic details like full name, birth date, address, and Social Security number. The employee can also add their email and phone number, but these are optional.

In this step, the employee confirms they are legally allowed to work in the US. This includes:

• US citizens.
• People who have permanent residency in the US.
• People who are allowed to work in the US as foreigners.

If the employee is an alien, they need to provide an alien registration number or a Form I-94 admission number. They also need to note if their work authorization is temporary or permanent.

Once the employee has completed this step, they must sign and date the I-9 compliance form.

• Step 2.

After an employee starts working, within three days, the US employer need to check their documents to make sure they are eligible.

After reviewing the documents, the employer will need to fill out the rest of the I-9 compliance form. This includes details like the employee’s name, immigration status, and the details of any documents they provided.

You also need to record the employee’s first day and make sure the information they gave is correct.

After completing the I-9 compliance form, the employer must also sign it, promising that you have looked over the documents carefully and believe they are genuine and that the employee is eligible to work in the US. The form you fill out depends on the type of documents the employee provides.

There are three lists of documents that are accepted for identification and employment purposes:

List A includes documents that are enough to prove both identity and employment status:

• US passport or passport card.
• Permanent resident card or alien registration card.
• Foreign passport with a temporary I-551 stamp.
• Employment authorization document with a photo.
• Federated States of Micronesia, Republic of the Marshall Islands passport.
• Documents from non-immigrant aliens who are allowed to work, including a foreign passport and Form I-94 with an unexpired non-immigration status endorsement.

List B is for employees who don’t have a document from List A and need to provide another document to verify their identity:

• State-issued driver’s license or ID card with photo and personal details.
• School ID with photo.
• Voter’s registration card.
• US military card or draft record.
• ID card for military dependents.
• ID card for US Coast Guard Merchant Marine.
• Document from a Native American group.
• ID card from a Canadian government authority.

Employees under 18 who don’t have any of the documents from List A can use their school records, clinic, doctor, or hospital records, or records from day care or nursery school.

List C is for employees without a List A document need to provide one of the following to add to List B:

• A Social Security card that is valid for employment, or
• A birth certificate from a U.S. state, county, city, or territory with an official seal, or
• A certificate from the Department of State showing where and when they were born, or
• A document from a Native American group, or
• A US citizen ID card, or
• A card that proves they are a resident citizen of the US or
• A document that shows they have permission to work in the US.

• Step 3.

If you are hiring someone within three years of their initial I-9 date, you need to complete the third step of the I-9 compliance, which involves re-verifying their work authorization. This is also necessary for some current employees before their work authorization expires.

However, there are exceptions: you don’t need to re-verify US citizens or non-citizen nationals, and you can’t re-verify documents like US passports or Alien Registration Receipt Cards after they expire.

To complete this step, you must list the employee’s name and the date of their rehire, along with any extended work authorization documents.

Penalties for failing to meet the I-9 compliance requirements

It is very important for employers to follow the rules of Form I-9, or they could face big penalties. The US Immigration and Customs Enforcement (ICE) enforces these rules, which can lead to fines or even jail time.

If an employer makes mistakes with the paperwork, like filling out forms wrong or missing parts, they could be fined up to $2,292 for each mistake. This can quickly become expensive if there are many mistakes found. For example, a company that hires 1,000 people every year could face a minimum of $1,638,560 in fines for mistakes.

If an employer hires people who don’t have the right documents or treats workers unfairly, they could face even bigger fines and criminal charges. To avoid these penalties and understand how the united states’ I-9 compliance works, employers should learn about the rules of the I-9 compliance, train their employees well, and keep good records.

Errors to avoid

When completing the I-9 compliance, it is important to avoid mistakes that could cause problems later. Here are some to avoid:

• Not providing all needed info: Make sure to fill out all required fields, like the employee’s full name, birthdate, and social security number.
• Allowing others to help: Only the employee should fill out the first part, while the US employer completes the other parts. No one else should actually do it for them.
• Not signing and dating: Both the employee and the person checking their work status must sign and date relevant sections of the I-9 compliance form within three days of the employee starting work. Check that these signatures and dates are there.
• Wrong work status: Employees need to choose the right option from List A to List C for their work status.
• Mismatched info: Make sure the information on the form matches the documents used to check it. If there are any differences, fix them quickly.

By avoiding these mistakes, you can make the I-9 compliance process easier and stay in line with immigration laws.

Tips to maintain a standard I-9 compliance

To make sure your company follows immigration laws correctly and avoids fines, follow these tips:

• Train your HR team well on how to fill out and check form I-9.
• Make sure everyone uses the same method for completing Form I-9.
• Stay updated on any changes to immigration laws.
• Check your company’s completed Form I-9 regularly.
• Store all completed Form I-9 records safely and securely.
• Think about using electronic systems for easier and more efficient record-keeping.

By doing these things, you will be ready to handle Form I-9 and other immigration tasks smoothly. This helps in understanding how the united states’ I-9 compliance works.

Get help!

Managing I-9 compliance can be difficult, but Gehi and Associates make it simpler. Our immigration lawyers will help you stay on track by simplifying the hiring and onboarding process, reminding you of important deadlines, and providing professional guidance on completing the I-9 form correctly.

We also help to improve communication between managers and new hires, reducing mistakes and delays. With us, you can handle I-9 forms more effectively, ensuring compliance and easing administrative tasks.