Navigating Form I-9: Your Guide to Ensuring Legal Compliance

Since 1986 all U.S. employers have been responsible for the proper completion of the Form I-9, Employment Eligibility Verification, for each person hired to work as an employee of their company.

• The Form I-9 must be completed by the newly-hired employee on, or before, the first date of paid employment AND be completed by the employer, or designated representative, within three days of employment. 
• The employer, or designated representative, must review original (not photocopied) documents provided by the employee as proof of identity and legal eligibility for employment in the United States.
• If the employee is unable to provide the required original documents within three days of starting work, employment must be terminated and the employee paid for any time worked up to that point.
• Properly completed I-9 forms must be retained as long as the employee works for the company and, when employment ends, for one year after termination or three years from the date of hire, whichever occurs last.
• Intentionally hiring or continuing to employ an unauthorized worker may result in fines from $281 to $27,894 per violation according to GryphonHR.
• Failure to properly complete or maintain I-9 forms may result in fines ranging from $110-$1,100 per employee.

The current Form I-9, dated August 1, 2023, is a much-improved version, correcting some of the features of older versions that were confusing for both employees and employers. The form has been condensed from two pages to one page, with separate pages for Preparer/Translator Certification and Reverification/Rehire.

In addition, the current version allows employers to review identification and employment eligibility documents remotely by video conference IF the employer is enrolled in E-Verify, the federal government’s internet-based system that compares information entered by an employer from an employee’s Form I-9 to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility. This is particularly useful for employees who live and/or work at a distance from the company’s main office.

Enrollment in the E-Verify system is free and voluntary for most employers. In order for employment eligibility to be verified, the employee must provide a valid social security number and an identity document with their photograph (Form I-9, List B).

An HR professional can help you with all of your human resource needs. 

From hiring the right employees, running background checks, creating employee handbooks that include anti-harassment policies and procedures, and so much more, Next Level Solutions can work with you to provide the services that you need to run your business.

For more information about our accounting and human resource services, contact Next Level Solutions at info@nextlevelsol.net or (225) 330-8347.