5 Essential Steps to Complete I-9 Paperwork Easily
Employing new workers involves numerous responsibilities for employers, including the verification of their eligibility to work in the United States. One critical aspect of this process is ensuring compliance with Form I-9 requirements. The Form I-9, Employment Eligibility Verification, must be filled out by every employee, both citizen or non-citizen, to confirm their identity and authorization to work. Here are five essential steps to complete I-9 paperwork with ease, helping you stay compliant and keep everything organized.
1. Understanding the I-9 Form
Before diving into the completion process, familiarize yourself with the I-9 form. The form consists of three sections:
- Section 1: The employee fills out this section on the first day of employment, attesting to their identity and employment authorization.
- Section 2: This must be completed by the employer within three business days from the employee’s start date. It verifies the employee’s documents.
- Section 3: An optional section for re-verification or rehiring, employers can use this to update or re-verify employment authorization.
📝 Note: Section 3 is not needed unless the employee's work authorization has expired or needs re-verification.
2. Gathering Required Documents
Employees need to present documents for verification. Here are the documents your employees might present:
| Document Type | Description |
|---|---|
| List A | Documents that establish both identity and employment authorization (e.g., U.S. Passport, Permanent Resident Card) |
| List B | Documents that establish identity only (e.g., Driver’s License, School ID card) |
| List C | Documents that establish employment authorization only (e.g., Social Security Card, Birth Certificate) |
Employees can provide one document from List A or one document from both List B and List C.
3. Timing and Verification
Here are the timelines to keep in mind:
- Employee: Must complete Section 1 on or before their first day of work.
- Employer: Must complete Section 2 within three business days of the employee’s start date. If an employee starts on a Monday, the employer must review documents no later than Thursday.
⏰ Note: Employers must physically examine original documents, not copies, in the presence of the employee, to prevent fraud and ensure compliance.
4. Correcting Errors
Mistakes can happen, but here are the steps for corrections:
- If an employee makes a mistake in Section 1, they should draw a line through the error, write the correct information, and initial and date the correction.
- Employers should also correct errors in Section 2 or 3 similarly, by drawing a line through the mistake, noting the correct information, and then initialing and dating the change.
🚫 Note: Never use white-out, as it suggests tampering or hiding errors.
5. Secure Storage and Reverification
Proper handling of completed I-9 forms is crucial:
- Keep I-9 forms in a secure, separate file, to protect employee privacy and comply with document retention requirements.
- Retain I-9 forms for three years after the date of hire or one year after the date employment ends, whichever is later.
- If an employee’s work authorization or documents expire, make sure to re-verify and complete Section 3 of the form, if applicable.
Following these steps, employers can navigate the Form I-9 process effortlessly, ensuring compliance with federal regulations while fostering a smooth onboarding experience for new employees. Proper handling of I-9 paperwork not only fulfills legal obligations but also sets a positive tone for employee relations from day one.
What if an employee cannot provide a document from List A?
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If an employee does not have a document from List A, they can provide one document from List B (establishing identity) and one from List C (establishing employment authorization).
Can I use a receipt in place of a document for Form I-9?
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Yes, in certain circumstances. An employee can present a receipt for a replacement document if the original was lost, stolen, or damaged. This gives the employee 90 days to present the actual document.
What happens if an I-9 form is not completed correctly or on time?
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Non-compliance with I-9 regulations can result in substantial penalties for employers. Fines can be assessed for each uncorrected missing I-9 form or for any substantive or procedural errors.
How long do I need to keep I-9 forms for former employees?
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You need to retain I-9 forms for three years after the date of hire or one year after the date employment ends, whichever is later.
