Starting a new job is exciting! But before you can dive in, there's often paperwork. One of the most important documents you'll encounter is the Form I-9, Employment Eligibility Verification. It’s a crucial form that verifies your identity and authorization to work in the United States. Errors on this form can lead to delays in your onboarding process, or even complications for your employer with federal regulations.
Completing the I-9 form accurately and efficiently is vital for a smooth transition into your new role. Understanding the form, its sections, and the acceptable documentation you can use will not only make the process easier for you but also help your employer remain compliant. This guide provides a clear, step-by-step example to navigate the I-9 form with confidence.
What are common mistakes people make on the I-9 form, and how can I avoid them?
What documents can I use for List A, B, and C on the I-9 form?
The I-9 form requires new employees to provide documentation establishing both their identity and authorization to work in the United States. These documents are divided into three lists: List A (documents that establish both identity and employment authorization), List B (documents that establish identity only), and List C (documents that establish employment authorization only). An employee can present one document from List A *or* one document from List B *and* one document from List C.
List A documents are the most comprehensive, proving both identity and work authorization. Examples include a U.S. Passport or U.S. Passport Card, a Permanent Resident Card (Green Card), an Employment Authorization Document (EAD card) issued by USCIS, or a foreign passport containing a temporary I-551 stamp or I-551 printed notation. Crucially, the document presented must be unexpired and appear genuine. If an employee doesn't present a List A document, they must provide one document from List B *and* one from List C. List B documents establish identity. Acceptable List B documents include a driver's license or identification card issued by a state or outlying possession of the United States (provided it contains a photograph or identifying information such as name, date of birth, sex, height, eye color, and address), or a school identification card with a photograph. List C documents establish employment authorization. Examples of List C documents include a Social Security card (without restrictions), or a birth certificate issued by the U.S. Department of State (Form FS-545 or Form DS-1350). It's important to remember that certain restrictions apply to some documents; for instance, some Social Security cards may not be acceptable if they contain specific notations.How do I fill out the I-9 form if I don't have a Social Security number?
If you don't have a Social Security number (SSN) at the time of completing Form I-9, you should leave the Social Security number field blank. You are only required to provide a Social Security number if you have been issued one. Do not enter a false or fabricated SSN.
Specifically, in Section 1 of Form I-9, where it asks for your Social Security number, simply leave that space blank. The instructions for Form I-9 explicitly state that providing a Social Security number is voluntary unless your employer participates in E-Verify. If your employer participates in E-Verify, you *must* provide your SSN. If you are later assigned a Social Security number, it's generally a good idea to inform your employer and update your I-9 form accordingly, though it is not strictly required.
It is crucial to understand the difference between not *having* an SSN and choosing not to disclose it. If you possess an SSN, you should provide it if your employer participates in E-Verify. If you do not yet have one, leaving the field blank is the correct procedure, ensuring compliance with the form's instructions. Do not guess or invent a number, as this could lead to complications and potential legal issues.
What happens if I make a mistake on the I-9 form?
Making a mistake on the I-9 form can lead to issues for both you and your employer, potentially resulting in fines and penalties from U.S. Immigration and Customs Enforcement (ICE). Therefore, it's crucial to correct any errors as soon as possible.
It's important to understand the difference between minor and major errors. Minor errors, such as a misspelled name or an incorrect address, can usually be corrected by simply crossing out the incorrect information, writing the correct information next to it, and initialing and dating the correction. Your employer should also initial and date the change to acknowledge they've verified it. Trying to completely erase or cover up the mistake isn’t advised; the original entry should still be visible. Major errors, such as incorrect document information or missing signatures, might require a completely new I-9 form to be completed. In this case, the old form should be kept on file with a note explaining why it was replaced. Never discard the old, incorrect I-9 form. Employers are responsible for ensuring I-9 forms are completed correctly and retained for the required period, so they may have specific procedures for correcting errors. Always follow your employer's instructions and consult with HR or legal counsel if you are unsure how to proceed with a correction.Who is responsible for completing Section 1 versus Section 2?
The employee is solely responsible for completing Section 1 of the Form I-9, which includes providing their personal information and attesting to their employment eligibility. The employer is then responsible for completing Section 2, where they examine the documentation presented by the employee to verify their identity and employment authorization.
Section 1, titled "Employee Information and Attestation," collects crucial details about the employee, such as their name, address, date of birth, social security number (optional except for E-Verify employers), and citizenship or immigration status. The employee must also select one of the four attestation options indicating their citizenship/immigration status and sign and date the form. It's imperative that the employee provides accurate information, as any misrepresentation could have legal consequences. In certain situations, preparers or translators might assist the employee, but this must be clearly documented within the designated area of Section 1. Section 2, titled "Employer or Authorized Representative Review and Verification," is the employer's domain. Here, the employer physically examines the documents presented by the employee from the List of Acceptable Documents, ensuring they reasonably appear to be genuine and relate to the employee. The employer then records the document title, issuing authority, document number, and expiration date (if any) in Section 2. Finally, an authorized representative of the employer must sign and date Section 2, certifying under penalty of perjury that they have reviewed the employee's documentation and that it appears genuine and relates to the employee. The employer must retain the completed I-9 form for the duration of the employee's employment and for a specific period thereafter, as mandated by federal regulations.What is the deadline for completing the I-9 form after hiring someone?
The I-9 form must be completed within a specific timeframe following an employee's start date. Employers are required to have Section 1 of the I-9 form completed by the employee on their first day of employment. Then, the employer must complete Section 2 within three business days of the employee's first day of employment.
This strict deadline is mandated by U.S. Citizenship and Immigration Services (USCIS) to ensure proper verification of an employee's identity and authorization to work in the United States. Failure to comply with these deadlines can result in penalties and fines for the employer. The three-day window for Section 2 allows employers time to examine the employee's documentation and accurately record the information on the form. Remember, business days are defined as Monday through Friday and exclude federal holidays. So, if an employee starts on a Monday, the employer has until Thursday to complete Section 2. Careful attention to these deadlines is crucial for maintaining compliance with immigration laws and avoiding potential legal repercussions. Maintaining accurate and timely I-9 records is an essential responsibility for all employers.Can the I-9 form be completed electronically?
Yes, the I-9 form can be completed electronically. U.S. Citizenship and Immigration Services (USCIS) allows employers to use electronic systems or applications to complete, sign, and store I-9 forms. However, the electronic system must comply with all regulatory requirements, including security, access, and storage rules.
When using an electronic I-9 system, it is crucial to ensure that the system allows for proper completion and storage of the form, including the employee's electronic signature and the employer's attestation. The system must also be able to produce a legible paper copy of the completed I-9 form if requested by government officials during an audit or investigation. Furthermore, employers must maintain adequate security measures to protect the privacy and integrity of the information on the I-9 form, following all relevant data protection laws.
Choosing a reputable and compliant electronic I-9 system is vital. Employers should carefully evaluate the system's security features, audit trail capabilities, and ease of use. Some software solutions are specifically designed to streamline the I-9 process and ensure compliance with USCIS regulations. Ultimately, whether using a paper-based or electronic I-9 system, the employer remains responsible for the accuracy and completeness of the form.
What is the process for reverifying an employee's I-9 form?
The process for reverifying an employee's I-9 form involves examining Section 3, "Reverification and Rehires," to determine if reverification is required based on the document(s) presented initially. If a document presented at the time of hire has expired or is about to expire, the employee must present a valid, unexpired document from either List A or List C to demonstrate continued work authorization. The employer then updates Section 3 with the new document information, signs and dates it. This process is *not* a complete new I-9, but an update to the existing one.
Reverification is only necessary if the employee presented acceptable documents from List A or List C that have since expired. Importantly, you cannot reverify based on List B documents. Also, employers *cannot* specify which document an employee presents for reverification; the employee has the choice as long as it is acceptable from either List A or List C. It’s crucial to retain a copy of the expired document *with* the I-9 form, as well as a copy of the reverification document. Furthermore, employers should establish a consistent system for tracking document expiration dates to ensure timely reverification. This can be a manual calendar system or integrated into HR software. It's vital to remember that employers must treat all employees equally during the reverification process and avoid any discriminatory practices. Failure to properly reverify an employee's I-9 form can result in penalties, so adherence to the guidelines is essential. Finally, remember that *you cannot reverify* certain individuals, even if their documents have expired. These include: (1) Lawful Permanent Residents (LPRs) who presented a Permanent Resident Card (Form I-551), or (2) individuals who presented an unrestricted Social Security card (a card without any employment restrictions). Once their status has been verified, you generally do not need to reverify it.And there you have it! Filling out the I-9 form might seem a little daunting at first, but with a little patience and our handy guide, you'll be a pro in no time. Thanks for reading, and we hope this helped clear things up. Feel free to swing by again if you have any other HR-related questions – we're always happy to lend a hand!