Third in a Three-Part “HR Awareness” Series: Test Your I-9 Knowledge

01/30/12

No, we’re not asking you to step back into the classroom -- you can put down your pens, textbooks and notepads! Instead, take a few moments to test your knowledge of how to verify the employment eligibility of new employees with the Form I-9. Your awareness of the proper verification procedures can keep you in compliance and protect you from a potentially costly I-9 audit by the Department of Homeland Security (DHS).

Q) Who must complete the Form I-9?

A) The DHS requires employers to complete and retain a Form I-9 for every person hired on or after November 6, 1986. The form is designed to verify that new employees are eligible to work in the United States. As part of the process, you must review specific forms of documentation to confirm the employee’s identity and work eligibility.

Q) When must the Form I-9 be completed?

A) A Form I-9 must be filled out within three business days from the day a new employee is hired. If the new hire claims that necessary documents were lost, stolen or destroyed, he or she must provide a receipt for replacement documents within those three days. The employee must then produce the actual document within 90 days of the date employment begins.

Q) Do you need to complete a Form I-9 for everyone who applies for a job?

A) No. This form is only necessary for people you actually hire. (A person is “hired” when he or she begins working for you for wages or other compensation.)

Q) What are the legally acceptable documents a new employee can provide?

A) You must verify both identity and authorization to work in the United States. The back of the Form I-9 describes which documents accomplish this. Documents in List A establish both identity and authorization to work; documents in List B only establish identity and documents in List C only establish employment eligibility. If a new hire provides a document in List A, only one document is needed. Otherwise, the employee must provide a document from List B and a document from List C.

Keep in mind, too, that you cannot require more than the minimum documentation needed to comply with the I-9. You also cannot specify which documents you want to see.

Q) Can you accept a photocopy of a document presented by a new hire?

A) No. Except for a certified copy of a birth certificate, employees must present original documents. If the documents reasonably appear to be genuine and related to the person presenting them, you must accept them.

Q) How should you file Forms I-9?

A) Keep I-9s in a file separate from employee personnel files -- either for three years after the date of hiring or for one year after employment is terminated, whichever is later.  Once the form is signed, an electronic version may be retained to reduce paperwork storage. No photocopies of the documents submitted are required. If you wish to make photocopies, however, you must do so for all employees to avoid charges of unfair immigration-related employment practices.

Q) What is the risk for not completing or retaining Forms I-9?

A) You could incur penalties from $110 to $1,100 for every incorrect or missing I-9. You need to be mindful of anti-discrimination rules, as well. You could be fined or penalized for not hiring an authorized worker for discriminatory reasons, for demanding specific documents or for requesting more than the minimum documents.