Tips for I-9 Forms

“I’ve heard a new I-9 form is available. Do I need everyone to complete it?”

Your HR Survival Tip

This is the government form that seems to be most publicized (at least in the HR world) when a new version comes out. The USCIS Form I-9 is from the Federal Department of Homeland Security and is used to confirm each worker is able to legally work in the U.S. You must be using the new version NOW. The expiration date of 8/31/2019 in the top right corner will tell you if you have the newest version.

HR JungleThis is the longest version they’ve come up with yet and is available digitally in two files: one file contains the form and list of identification that can be used; the other file contains 15 pages of instructions. Here are a few tips to help you:

  • When a new version is issued, you immediately start using it only for employees hired from that date forward. Do NOT have current employees complete the new form. Whenever an employee is hired, the I-9 form that is current at that time is the one that should be completed and in your files.
  • You must provide both the form and instructions (18 pages total) to the new employee. I know that’s a lot of paper but it’s their rule; however, you can provide these to the employee electronically.
  • You cannot suggest or recommend which forms of identification the employee presents as proof. You can only show them the page that lists the acceptable documents and remind them they either need one form from List A -or- one from both Lists B and C.
  • A new employee must complete Section A of the form and sign it right after after accepting the job offer but it must be completed before the end of their FIRST day of employment. They must also check the shaded area stating whether or not a translator was used. Only employees of Puerto Rican companies can submit the Spanish version of the form. However, your employees can use that version to help them translate and complete the English version. They may also use a translator but the translator must provide their information at the bottom of page 1.
  • The employee must present to you their unexpired documentation within 3 business days of starting work for pay. For example, if the employee started work on Monday, you must see their documentation on or before Thursday that week. If they don’t or can’t present you ALL the documents needed to complete the form by that time, the employee must stop working until they can provide you the correct documentation.
  • A replacement receipt for a identification document that was lost, stolen, or damaged may be used initially and you would use “Receipt” and the title of the receipt in lieu of the document’s name. The replaced document must then be presented to you by the employee within 90 days of employment. Reverification is needed within 90 days of a work authorization document expiring. Section 3 is completed when the new document is presented.
  • If the employee doesn’t remain employed for more than a day or two, you must have the form completed by the time their employment ends.
  • You must review the employee’s documentation in their presence. You may keep copies of the documentation but it’s not necessary or required unless you participate in E-Verify.
  • You, not the employee, are responsible for ensuring the form is complete and timely. Only you will be subject to fines and penalties for dates that are late, blank spaces, or other errors on the form.
  • Regardless of how the form is filled out (handwritten or on a computer), you must print a hard copy to sign and date.
  • Keep all I-9 forms together, not in the personnel files. If you’re ever audited, you can pull just this one file instead of all their personnel files. The forms are never sent to the government.
  • You must keep the I-9 form, and any copies of their identification you might have made, for at least the length of their employment plus 1 year or 3 years from date of hire, whichever is later.

This is a form that’s been required for many years and continues to be updated periodically. If you’ve never read the instructions, I recommend you do so. It’s easy to get lax but the penalties for dates that are later than they should be, skipping a space that should have an entry, or just bad information can be severe. This is just one more reason it’s important to have your hiring process and timing in place to avoid issues.

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