Ensuring compliance with E-Verify requirements is crucial for employers. E-Verify, an internet-based system that compares information from an employee's Employment Eligibility Verification Form I-9 to data from U.S. Department of Homeland Security and Social Security Administration records, helps employers verify the identity and employment authorization of newly hired employees. Here are detailed steps and tips on how to effectively manage and keep E-Verify paperwork.
1. Understand the Requirement of Form I-9 and E-Verify
Employers who participate in E-Verify must:
- Complete Form I-9 for each new employee.
- Verify employee identity and employment eligibility within three business days of the employee's hire date.
- Create an E-Verify case for the employee through the E-Verify system.
đź“ť Note: Even though E-Verify can be used for checking employment authorization, it does not replace Form I-9.
2. Timely Processing of I-9 and E-Verify
Timely completion of Form I-9 and E-Verify is not just about meeting legal requirements; it's about setting up a compliant hiring practice:
- Form I-9 must be completed within three business days of hire. The employee must fill out Section 1 on or before the first day of work.
- Create an E-Verify case within three business days after the employee's first day of work for employment in the U.S.
⏰ Note: Remember, the clock starts ticking from the moment of hire, not when the employee completes their first working day.
3. Organized Record Keeping
Organizing your E-Verify documentation is essential for:
- Compliance during government audits.
- Quick retrieval when needed.
- Ensuring no missed deadlines for verification.
Here's how to organize:
- File Form I-9 and E-Verify documents either physically or digitally, maintaining separation between current and former employees.
- Keep I-9 forms separate from other personnel files to safeguard against unauthorized access.
- Maintain an I-9 log to track completion and verification dates, using tables like:
| Employee Name | Hire Date | Date I-9 Completed | E-Verify Case Number | Case Status |
|---|---|---|---|---|
| John Doe | 01/05/2023 | 01/05/2023 | EV123456 | Employment Authorized |
4. Document Retention Policy
The retention of I-9 forms is not an afterthought; it's critical for compliance:
- Keep Form I-9 for three years after the hire date or one year after the employee's termination, whichever is later.
- Purge the forms of employees no longer with the company after the retention period to minimize storage needs and risk of unauthorized access.
- Digital retention is permissible, provided security and accessibility measures are in place.
5. E-Verify Paperwork and Audit Readiness
Preparing for potential audits involves proactive record management:
- Conduct internal audits at least once a year to ensure all documentation is in order.
- Be prepared to provide access to I-9 forms and E-Verify results upon request.
- Keep an electronic or hard copy of the I-9 retention policy and training materials for reference during audits.
đź“Ś Note: Remember, the Department of Homeland Security can audit E-Verify employers, making audit readiness essential.
In managing E-Verify paperwork, the key is organization, timely completion, and adherence to retention policies. Ensuring that all new hires' employment eligibility is properly verified not only helps maintain compliance but also mitigates risks related to unauthorized employment. Employers must stay vigilant, keep records systematically, and be prepared for audits. By following these tips, you can protect your business and navigate the complex terrain of employment eligibility verification with confidence.
How long should I-9 forms be retained for an employee?
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You must retain Form I-9 for three years after the hire date or one year after the employee’s termination, whichever is later.
Can I keep my I-9 forms digitally?
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Yes, you can keep I-9 forms electronically, but ensure the system is secure, accessible for inspection, and that a retention policy is in place.
What should I do if an employee terminates before the E-Verify case is completed?
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Close the case as “Employment Terminated - Case Closed” in E-Verify. Even if the employee has left, keep their I-9 form for the required period.
