I-9 Compliance Refresh: Are You Ready?

Compliant I-9 practices have been an essential part of the onboarding process since their inception in 1986. During the pandemic, the process became more flexible as exceptions were made to in-person document verification to accommodate remote work. However, with the current administration’s increased focus on authorized employment, employers should prepare for heightened scrutiny. Now is the time to review your I-9 documents and procedures to ensure compliance and minimize risk in the event of an audit.

The Basics of Form 1-9

What is an I-9?

The I-9 form is used to verify the identity and employment authorization of individuals hired in the United States, as required by the U.S. Citizenship and Immigration Services (USCIS).

Who Completes It?

The form must be completed by both the employee and employer, and is required for every new hire.

When Should It Be Completed?

Employees must complete their section (Section 1) anytime between accepting a job offer up to their first day of employment. Employers must complete their sections no later than three business days after an employee’s start date.

What is E-Verify?

While E-Verify is not a mandatory step to the I-9 process, it can be a simple way to confirm identity and work authorization. This process takes place after an I-9 form is completed. E-Verify is a free, online service that can electronically confirm the information employees provide on their I-9s against millions of government records. Employers who are enrolled with E-Verify will create a case in the system once they have the completed I-9. The system will check the information entered and within a few seconds provide a result. Results may vary from “Employment Authorized” to “E-Verify Needs More Time.” E-Verify can be incredibly helpful with ensuring compliant hiring practices.

I-9 Process Overview

Once a job offer is accepted, the new hire completes Section 1 of the I-9 form and provides one or two forms of identification, as noted on the List of Acceptable Documents. Employers cannot decide which documents new hires present. It is the employee’s choice to provide a document from List A or one document from both list B and C. These forms of identification must be original – they cannot be copies or photos of documents. 

Employers will then complete Section 2 of the form and verify the documents provided. During this verification, employers should ensure the documents are not expired and are in their original form. There are two options for verifying documents:

*If your organization checks documents via live video, you’ll need to be sure to click the box under “Additional Information” that reads “Click here if you used an alternative procedure authorized by DHS to examine documents.” Once this is complete, file your related I-9 paperwork and create a case in E-Verify.

Supplemental Forms

• Supplemental Form A: Required if a translator or preparer assisted in completing the form.
• Supplemental Form B: Used for rehires or reverifications when:
  • A work authorization document has expired.
  • An employee is rehired within three years of completing their original I-9.
  • An employee has legally changed their name.

Common I-9 Mistakes and How to Avoid Them

Improper Filing

I-9s should be stored separately from other personnel records in a secure location. Retention requirements:

• Keep for three years after the hire date OR one year after employment ends, whichever is later.

Using an Outdated Form

I-9 forms periodically get updated. Many organizations save the I-9 form in their own files and continue to utilize it, not realizing an update has been released. Updated I-9 forms can be found at https://www.uscis.gov/i-9. The current edition being used is 08/01/23 (found at the bottom of the form), with an expiration date of 05/31/2027 (found on the top right of the form).

Missing Information

If an internal audit reveals missing or incomplete I-9s, then corrective action should be taken as soon as possible. This includes having the employee fill out a new form if one was never completed or adding the missing information to the existing form. If information is missing, it’s important to remember that employers cannot fill out information meant to be completed by the employee and vice versa. Corrections should not be backdated either – be honest about the actual date of completion. Employers should also include a signed and dated explanation regarding the corrective action taken.

Forgetting E-Verify (If Enrolled)

Employers have three business days after an employee’s start date to create an E-Verify case. If it is found an employee wasn’t enrolled when they should have been, then the employer should immediately create a case and contact the US Citizenship and Immigration Services for any further information.

Written Errors

People are human and can make a mistake while filling out the form, whether that is checking off the wrong authorization status or incorrectly writing down the document number, date, etc. When errors like this occur, whoever is supposed to fill out that section should draw a line through the error, initial, and write in the appropriate information. If there are multiple errors on the form, the employer/employee may redo the section on a new form and attach it to the old form. Transparency is key though - mistakes should not be concealed with whiteout or black marker.  

For more information on common I-9 mistakes and self-audits, check out the USCIS website: Self-Audits and Correcting Mistakes | USCIS

Understanding the 1-9 Audit Process

Employers selected for an I-9 audit will receive a Notice of Inspection (NOI) and must produce the requested forms within three business days. If the auditor finds technical or procedural failures, the employer has ten business days to correct them and could receive a fine for each discrepancy. Knowingly employing unauthorized workers can result in severe penalties. More information about the audit process can be found here: Form I-9 Inspection | ICE

Stay Compliant – Contact Our Team Today

Now is the time to ensure your organization is compliant with I-9 regulations. Being proactive in addressing any errors now can help reduce legal risk and financial liability in the event of an audit. If you have questions or need assistance with I-9 compliance, contact our team today for guidance. 

Article contributed by Jessica Keck