Human Resources: You Must Be I-9 Compliant, or It Could Cost You Dearly

A new version of the I-9 Form (Employment Eligibility Verification Form) was updated and released July 2017, and you were to begin using it by September 18, 2017. Obviously, this date has passed, and many of you are already compliant, but for those of you who are not, I want to get the word out there.

The government takes employment eligibility seriously today, more than ever before. Organizations cannot risk mistakes or lack of knowledge on the laws pertaining to I-9 compliance. I-9 enforcement is increasing, and penalties can cost you up to $10,000 per employee. This past July, the federal government confirmed the hiring of 10,000 new Immigration and Customs Enforcement (ICE) agents to focus on civil and criminal investigations–a move that could triple the number of I-9 workplace audits conducted by the agency.

The new I-9 form is dated 7/17/17 in the lower left corner, and it replaces a version dated 11/14/16. There is a paper form and an interactive PDF available. This new PDF still contains all the “smart I-9” features that were unveiled in the version released November 2016 to help employers reduce errors and complete the form more easily. “A smart I-9 is still much better than a not-so-smart paper I-9,” said immigration attorney John Fay of LawLogix. “Small and solo employers, in particular, will likely appreciate the new form’s error checking and build-in prompts.”

While you will be able to more easily complete the form on your computer, you will still need to print the form, obtain handwritten signatures, store the paperwork, and monitor forms for reverification. I recommend you go to the U.S. Citizenship and Immigration Services website (www.uscis.gov/i-9) to download either version of the form, and the current instructions.

To emphasize the importance of this form, I have extracted the key information from the USCIS website to pass along in the article.

“Purpose of the Form: Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers. NOTE: State agencies may use Form I-9. Also, some agricultural recruiters and referrers for a fee may be required to use Form I-9.

Where to File Form: Do not file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE). Employers must have a completed Form I-9 on file for each person on their payroll who is required to complete the form. Form I-9 must be retained and stored by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.”

Completing the I-9: Top 10 Do's and Don'ts

Source: The HR Specialist/Special Edition/June 20121

1. Do require all new hires to complete and sign Section 1 on their first day of work.
2. Don't ask an applicant to complete an I-9 prior to extending a job offer. Information on the I-9 could be used as a weapon in a discrimination lawsuit if the applicant is not hired.
3. Do review the employee's documents to make sure they are on the Form I-9's list of acceptable documents and to make sure they appear genuine.
4. Don't ask the employee for any particular documents or more documents than required by the I-9. The employee chooses the documents, not you.
5. Do establish a consistent procedure for completing I-9s and educate your hiring managers.
6. Don't consider the expiration date of I-9 documentation when making hiring, promotion or firing decisions.
7. Do make and retain copies of all I-9 documentation employees provide. These documents will come in handy in the event of an audit.
8. Don't forget to keep a tickler file to follow up on expiring documents. Notify employees of the need to re-verify documentation 90 days before the current documents expire.
9. Do keep the Form I-9 and copies of an employee's documents for three years after the date of hire or one year after termination, whichever comes later.
10. Don't put the Form I-9 in an employee's personnel file. To protect your company against discrimination claims, keep the I-9 and supporting documentation in a separate file.