The I-9 is one of the most important new-hire forms, as it verifies an employee’s identity and ensures they are eligible to work in the United States. Not only is this form important, but it is also mandatory. When the form is completed, what information is being supplied on the form, by what means the form is being completed, etc., are all highly scrutinized if a business is ever audited.
We have seen a recent surge in worksite enforcement, including thorough audits of the I-9 form. In addition to the uptick in audits being conducted by U.S. Immigration and Customs Enforcement (ICE), ICE has recently reclassified a number of common administrative errors, making them subject to significant monetary penalties. In accordance with the Federal Civil Penalties Inflation and Improvements Ave of 2014, these penalties are also indexed annually. These errors include, but are not limited to, the employee failing to enter their date of birth, the employee’s date of hire being missing, the date field being left blank in Section 1 and Section 2, and the employer’s title being left blank.
Ensuring both the employee and the employer complete the Form I-9 accurately and within the established guidelines has always been important. Now that we are seeing more errors that may result in immediate penalties, it becomes increasingly crucial to ensure these forms are completed accurately and in a timely manner.
The following are a few things to remember when completing the I-9:
- The employee must complete Section 1 no later than their date of hire.
- The employee must complete Section 1 in its entirety, which includes, but is not limited to:
- Entering their legal name and date of birth;
- Selecting one of the following attestations:
- The employee is a citizen of the United States;
- The employee is a noncitizen national of the United States;
- The employee is a Lawful Permanent Resident; or
- The employee is an alien authorized to work until a specified date
- Entering the additional required fields if the employee indicates that they are either a Lawful Permanent Resident or an alien authorized to work until a specified date
- Signing and dating Section 1; and
- Presenting the employer with specific documents. The employee must present either one document from List A OR one document from List B AND one document from List C.
- Like employees, employers also have responsibilities in the completion of Form I-9. Employers must complete their section of Form I-9 accurately, completely, and in a timely manner. Employers must complete their section of Form I-9 within three business days after the employee’s date of hire. Some areas to pay special attention to include: Some areas to pay special attention to include:
- Recording the document title, issuing authority, document number(s), and expiration date(s) of each employee presented document;
- Recording the employee’s date of hire; and
- Signing and dating the Certification portion of the form.
Penalties for noncompliance with the Form I-9 are extremely costly. We have already seen some audits in the Bismarck/Mandan area, so it is important to note that these audits are not just happening in large metropolitan areas. As a part of our service, we want to assist you in completing this form. This includes alerting you to any errors or areas of concern. It is important to note that employers are responsible for ensuring that both the employee and employer sections are completed accurately and in a timely manner.
For your convenience, we have attached a copy of the most current version of Form I-9.
Please reach out to your payroll specialist if you have any questions or concerns regarding this form or any other matter.
