12 most common I-9 questions revealed: there are specific rules concerning when and how the I-9 form must be completed.
One of a company's first responsibilities upon hiring a new employee is to complete an I-9 form (Employment Eligibility Verification). The I-9 form is intended to verify an individual's identity and eligibility to work in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . There are specific rules concerning when and how the I-9 form must be completed. Failure to properly complete and retain the I-9 as required by law may result in fines of up to $1,100 per violation.
The following are answers to some of the most common I-9 questions.
1. What is the deadline for completing the I-9 for a new hire?
Section 1 of the I-9 form must be completed by the end of the employee's first day of work for pay. Section 2 must be completed within three business days following the first day of work for pay. For example, if an employee begins work on a Monday, Section 2 of the form must be completed by Thursday.
2. Can I specify which documents I will accept for I-9 purposes?
No. The employee has the right to choose which documents to submit, provided they are on the I-9's list of acceptable documents (a complete list can be found on the last page of the I-9 form). Employees must present documents that establish identity and work authorization. This means either: one document from List A or one document from List B and one document from List C.
If a company participates in E-Verify, it may only accept List B documents that bear a photograph.
3. Is a business required to photocopy an employee's I-9 documentation?
In general, there is no requirement for employers to make photocopies of the documentation provided by an employee to establish his or her identity and work authorization. However, if the employer does retain copies, it must do so consistently for all new hires. Photocopies should be kept with the employee's I-9 form.
If a company participates in E-Verify and the employee presents a document used as part of Photo Matching (currently the U.S. passport passport
Document issued by a national government identifying a traveler as a citizen with a right to protection while abroad and a right to return to the country of citizenship. It is normally a small booklet containing a description and photograph of the bearer. and passport card As proposed by the US State Department, the Passport Card (or PASS Card, as it is sometimes known) would be a credit card or drivers license document which would provide all information needed for an American citizen to re-enter the United States from Canada via land or sea crossing. , Permanent Resident Card Permanent Resident Card may refer to:
4. Can a business accept a photocopy of a document? How about an expired document?
Employees must present original documents. The only exception is that an employee may present a certified copy A photocopy of a document, judgment, or record that is signed and attested to as an accurate and a complete reproduction of the original document by a public official in whose custody the original has been placed for safekeeping. of a birth certificate. In addition, employers cannot accept expired documents for I-9 purposes.
5. What is a company's responsibility concerning the authenticity The correct attribution of origin such as the authorship of an e-mail message or the correct description of information such as a data field that is properly named. Authenticity is one of the six fundamental components of information security (see Parkerian Hexad). of documents presented?
A company must examine the document(s) and if they reasonably appear on their face to be genuine and to relate to the person presenting them, it must accept them.
6. Are the document requirements different for minors?
If a person under the age of 18 cannot present an identity document (i.e., a document from List B), he or she may establish identity if:
* The parent or legal guardian of the minor employee completes Section 1 and writes "Individual under age 18" in the signature space;
* The parent or legal guardian completes the Preparer and/or Translator Certification block; and
* "[he employer enters "Individual under age 18" under List B and records the List C document the minor presents.
Even though the minor is not required to present an identity document if he or she does not have one, he or she must still present documentation that establishes work authorization.
7. How long is an employer required to retain the I-9?
I-9 forms must be retained for at least three years or for one year following the employee's separation from the company, whichever is later. For example, if an employee retires from the company after 20 years, the employer must retain his or her I-9 form for a total of 21 years from his or her date of hire.
8. A company is rehiring a former employee. Does it have to complete the I-9 again?
If more than three years have passed since the individual initially completed the I-9, he or she must complete a new I-9. Otherwise, the employer may reverify the employee's employment eligibility by completing Section 3 of the form.
9. What does an employer do when an employee's employment authorization expires?
When an employee's employment authorization document expires, the employer must reverify his or her employment authorization prior to the date of expiration Date of Expiration (2002) is an aggrotech single by Funker Vogt. Track listing
If the version of form I-9 that was used for the employee's original verification is no longer valid (i.e., a revised/ updated version of the I-9 form has since been released by the U.S. Citizenship and Immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important. Services or USCIS USCIS US Citizenship and Immigration Services , the employer must complete Section 3 of the current I-9 form upon reverification and attach it to the original I-9.
Not all expired documents require reverification. The following documents may not be subject to reverification: a U.S.
passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form 1-551) or a List B document that has expired during employment.
10. What does a company need to do if an employee's name has changed?
While the employer isn't required to update the I-9 form when an employee changes his or her name, the USCIS recommends that the employer note any name changes in Section 3.
An employer may, but is not required to, take steps--such as asking the employee for the basis of the name change--to be reasonably assured of the employee's identity and the authenticity of the name change. Additionally, a business may accept evidence of the name change if provided by the employee and keep it with the employee's I-9.
11. A new hire presents documentation verifying that the he is authorized to work in the United States, but the employee's employment authorization is set to expire in 30 days. Can an employer refuse to hire the employee because of this?
No. An employer is prohibited pro·hib·it
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid.
2. from refusing to hire an individual solely because his or her employment authorization has an expiration date Expiration Date
The day on which an options or futures contract is no longer valid and, therefore, ceases to exist.
The expiration date for all listed stock options in the U.S. . If an employee's employment authorization expires during his or her employment with your company, the employer must reverify employment eligibility by completing Section 3 of the I-9 form, or if Section 3 has already been used for a previous re-verification or update, use a new I-9. Re-verification must occur no later than the date in which employment authorization expires.
12. A company and its employees are acquired by another company. Is the acquiring employer required to complete I-9 forms for these employees?
Employers who have acquired another company or have merged with another company have two options:
* Option A: Treat all acquired employees as new hires and complete a new I-9 form for each individual. Enter the effective date of the acquisition or merger as the date the employee began employment in Section 2 of the new Form I-9; or
* Option B: Treat acquired individuals as employees who are continuing in their uninterrupted employment status and retain the previous owner's I-9 forms for each acquired employee. Note that the acquiring employer would be liable for any errors or omissions on previously completed I-9s.
The USCIS Handbook for Employers: Instructions for Completing Form I-9, available at http://www.uscis.gov, addresses the issues covered above along with many others. Review the guide carefully and train those responsible for completing and retaining I-9 forms accordingly.
Rebecca Morris is the content development manager for ADP (1) (Automatic Data Processing) Synonymous with data processing (DP), electronic data processing (EDP) and information processing.
(2) (Automatic Data Processing, Inc., Roseland, NJ, www.adp. [R] HR411[R]. Whether it's HR, payroll or benefits, ADP provides the services and insights that let you focus on what matters: growing your franchise. For more information, contact Vice President, Franchises &Affiliations Deepak Mehta at 973-712-3367 or email@example.com.