I-9 Employment Requirements: A Quick Guide

With immigration policy constantly evolving, keeping up with employment eligibility requirements can feel like a full-time job. Every employer in the US must complete Form I-9 to verify that each new employee is authorized to work, but the rules change every year.

This quick guide breaks down the key I-9 requirements in simple, everyday language. Learn the essential dos and don'ts for I-9 compliance. With step-by-step instructions and examples, you will breeze through the process and rest assured that the business is compliant. Let us dive in and shed light on the mysterious world of I-9s.

Acceptable Documents

New hires must provide records that create both identity and employment authorization. Acceptable documents include a U.S. passport, a permanent resident card, an alien registration card, and more.

• U.S. Passport

A U.S. passport is one of the most basic documents to provide for I-9 purposes. It creates both identity and employment authorization for U.S. citizens and nationals. Non-citizens can use a foreign passport with an I-551 stamp or with an I-94 form to show permanent resident status.

• Permanent Resident Card

A permanent resident card shows identity and employment authorization for lawful permanent residents. The most recent version is the I-551. Older versions that are also still acceptable include the I-151, I-551, and I-551C.

• Driver's License and Social Security Card

Citizens can use a driver's license or state ID along with an unrestricted social security card to show identity and employment authorization. The names on the records must match. The social security card must not include restrictive terms like "not valid for employment." These provide an easy and convenient option for employees and employers.

With the proper and acceptable documents, both employees and employers can have confidence in completing Form I-9 properly and staying compliant with the law.

How to Complete the Form I-9 Process

To comply with employment eligibility requirements, employers must complete Form I-9 for all new hires.

• Verifying Employee Documents

Employers review documents that prove the employee’s identity and eligibility to work in the U.S. Acceptable documents include a passport, driver's license, Social Security card, or birth certificate. For non-citizens, documents may include a permanent resident card or employment authorization document.

• Completing Section 1

The employee fills out Section 1 of Form I-9, providing data such as name, address, date of birth, and Social Security number. The employee signs and dates the form to attest to its accuracy.

• Completing Section 2

The employer reviews the employee’s records and fills out Section 2 of Form I-9. The employer records the data, including document titles, numbers, and expiration dates. The employer signs and dates the form to attest to reviewing the employee’s files.

How to Store I-9 Documents

Companies must keep I-9 forms separate from employees’ records. Storing I-9s separately helps show auditors that they complete the forms properly when they hire employees. They can keep I-9 forms alphabetically. They arrange it by employees' last names in filing cabinets, folders, or binders solely for I-9 storage.

Some companies scan I-9 forms into e-storage systems. If scanned, they must retain the original hard copies. E-storage of I-9 records allows companies to access them quickly and save physical storage space. For E-Systems, employers must use software with proper security and record retention features to comply with I-9 regulations.

Companies must keep I-9 forms for at least three years after employees’ hiring date or for one year after termination, whichever is later. However, in some states, companies must keep I-9 records for longer periods. It is best for employers to check with their state's record retention laws to determine how long they can keep I-9 forms.

Proper storage and retention of I-9 forms are vital for compliance. Employers can face penalties if they poorly complete, store, or keep I-9 forms. By keeping I-9 records organized and secure, companies can avoid potential fines. They can also ensure that their employment verification process complies with the law.

Ways to Accept I-9 Documents Online

With progress in technology, employers now have several options to accept I-9 documents by electronic means.

• E-Verify

E-Verify is a free service run by the Department of Homeland Security. This process allows employers to verify employee eligibility digitally. Once employees provide I-9 documents, checking follows against government databases. E-Verify flags any data that does not match. This notifies employers if they need to take further action. Over 600,000 employers currently use E-Verify.

• I-9 Management Services

Private companies offer online I-9 management services for a fee. These services allow employees to upload images of documents. Employers can then review and verify these documents. They can also keep I-9 forms electronically, making them easy to access for audits.

• Electronic Storage

If employers choose to have employees complete paper I-9 forms, they can store them electronically. They can also scan, photograph, and upload documents to an electronic system. But this still requires manual review and data entry of the I-9 information. Electronic storage alone does not verify the authenticity of documents.

Using online services to complete the I-9 process electronically provides convenience and helps ensure compliance. But employers must still carefully review all documents and audit I-9 records regularly. With I-9 regulations often changing, staying up-to-date with proper procedures is key. E-Systems can ease compliance but do not replace the employer’s obligation to verify employee eligibility.

Conclusion

While there are some changes coming that all employers need to be aware of, the core elements remain the same. If companies stay on top of the new list of acceptable documents, give employees notices, and keep everything filed properly, they can sail through I-9 audits without any issues. The key is to be prepared and not leave things until the last minute.

With a little planning and organization, I-9 compliance does not have to be a pain or take up too much valuable time. The last thing any business wants is heavy fines or penalties for failing to meet the standards. Stay aware, get the processes in place, and you will be good to go.