Form I-9 or the Employment Eligibility Verification Form, hold significant importance for both employers and employees. It serves as a crucial tool to verify an individual’s legal authorization to work in the United States. With recent updates, it is even more vital to avoid any potential penalties by staying informed. While navigating Form I-9, stay ahead of the game, ensuring a seamless employment process for your business.
Understanding the I-9 Form:
Administered by the U.S. Citizenship and Immigration Services (USCIS), the I-9 form is mandatory for all employers and employees across states. This form is filled out at the beginning of employment. It requires the submission of acceptable documents to confirm eligibility to work in the U.S.
Employer Responsibilities:
Employers are tasked with retaining either physical or electronic copies of the I-9 forms for each employee on their payroll. Despite not being submitted to USCIS, these forms must be securely stored alongside other relevant documents. It is crucial to maintain these records throughout the employment period and even beyond termination. Employers must keep the forms for three years after the initial employment date and an additional year post-termination. The forms, although not sent in, should be readily available for inspection by the Department of Homeland Security, Department of Labor, and Department of Justice.
Penalties for Non-Compliance:
Non-compliance with I-9 rules incurs penalties for employers, particularly those involved in document fraud or those unable to produce documents for inspection. On the other hand, technical errors such as employee’s putting no start date on the form, will prompt notification to the employer. They will then have a grace period of 10 business days provided to rectify the errors. Here is a list of common Form I-9 mistakes and how to avoid them.
Most Recent Updates:
The Internal Revenue Service (IRS) has introduced a new version of Form I-9, featuring crucial changes applicable to all new hires from 2024 onwards. Employers are urged to promptly use the new form and update their policies and procedures accordingly. Newly hired employees must complete Section 1 of Form I-9 no later than the first day of employment. (i.e., the date the employee begins performing labor or services in the United States in return for wages). Employees may in fact complete Section 1 before the first day of employment, but cannot complete the form before acceptance of an offer of employment. It is also important to note that the employer must complete Section 2 of the I-9 no later than the 3rd business day the employee starts work. Staying on top of these changes is vital for a seamless and compliant hiring process. More instructions can be found here.
Overall, ensuring compliance with Form I-9 is crucial for employers in the United States. Stay on top of Form I-9 and its documentation, and be at ease employees and employers alike!