I-9 Form and Process Update:
Non-compliance to the completion of the I-9 Form is having a greater impact on businesses now more than ever. Additional Immigration and Customs Enforcement (ICE) Compliance Officers have been hired and investigations and significant penalties have surged. While ICE I-9 audits are random, they can be triggered by a competitor or disgruntled employee. In addition, the hospitality, agriculture, food processing, landscaping, and construction industries can be particular targets. Make sure you and your business are adhering to the I-9 regulations.
What businesses are required to complete I-9s?
Federal law requires that EVERY employer who recruits, refers for a fee or hires an individual for employment in the U.S. must complete Form I-9.
What are the new changes?
Tips for Proper Completion of the I-9 Form:
- When completing the form, the employer cannot specify the documents that the employee must provide. Instead, the employer should provide the appropriate document list and have the employee choose (an exception to this is the E-Verify process, which we will discuss later in this article).
- To comply, the employee must provide the documents within three days of the hire date, or the employee should be terminated for lack of compliance. To avoid this, you may not allow employees to start work until documents are presented. Make sure you keep clear and legible copies of the documents.
- The employer is required to inspect the documents for authenticity.
- The employee completes Section 1 on the first day of employment (employers cannot complete this section).
- The employer must complete section 2 within three days of the hire date.
- The date of hire box must be completed. This is often missed.
- I-9 form should be printed and signed by both employer representative and employee
E-Verify Process:
In addition to the I-9 requirements, the following Ten states REQUIRE using E-Verify for all employers – AL, AZ, FL, GA, LA, MS, NC, SC, TN, and UT. Part of this process is the completion of the I-9; however, the E-Verify process also has some specific expectations that can result in penalties if not followed. If you are doing business in one of these states, please review the E-Verify tips below.
Tips for Proper Completion of the E-Verify Process:
- Proper completion of the I-9 Form is a must. In addition, the E-Verify process requires a photo ID from List B on the I-9 Form to be used for documentation
- The employee must have a social security number
- This process must also be completed within three days of the date of hire
- Unlike the I-9 Form completion, the E-Verify process can be outsourced to someone like an Accounting Firm (yes, Avizo can help with this).
- Certain documentation (if provided by the employee) must be reverified regarding expirations.
To ensure your business meets all these requirements, we encourage you to do a self-audit. If you see mistakes, don’t worry; they can be corrected by following the specific guidelines for correcting mistakes. Going forward, make sure you establish a process for handling the I-9 and E-Verify (if required) completion, including a retention policy for current and terminated employees. If this seems overwhelming, please call us; we would be happy to help.
Heather Brackin
Heather is Avizo’s Project Coordinator. Assisting from Birmingham, she facilitates various projects of all sizes, from arranging client meetings to tracking many internal initiatives and coordinating big projects.
