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I-9 Compliance

Basics of I-9 Compliance

 

I) Introduction

II) What is Form I-9?

III) Can an I-9 form be completed electronically?

IV) What are the I-9 form recordkeeping requirements?

V) Self-Audit of Company’s I-9 forms

VI) Conclusion

 

Introduction:

As per Immigration Reform and Control Act (IRCA) of 1986 every new hire must complete Section 1 of the I-9 form attesting to his/her identity and employment eligibility on or before the first day of starting employment. The employer must complete Section 2 within the first three days.

What is Form I-9?

The I-9 form is used to verify identity and employment authorization of any individual while starting employment. Employers are required to complete a Form I-9 and store it with proper identification from all employees (U.S. Citizens or non-citizens).

Can an I-9 form be completed electronically?

Yes, it can be completed and stored electronically by Employers. Our law firm can help you digitize your current paper I-9 and help switch to an electronic I-9 verification system.

What are the I-9 form recordkeeping requirements?

Employers must retain I-9 forms in either paper or electronic format for all current employees and certain terminated employees based on time elapsed from termination. The recordkeeping should be consistent for all employees and not just certain employees to avoid discrimination as per law. In case of any audits by government agencies such as ICE, such I-9 records should be readily available for inspection upon demand.

Self-Audit of Company’s I-9 forms:

As a pre-emptive measure, our law office can conduct mock audits or review a company’s I-9 records. A Self-Audit can prepare an employer for any future government audits and identify as well as correct any existing technical violations, train representatives and help develop procedures to achieve I-9 compliance.

Conclusion:

All employers are expected to be I-9 compliant and should be ready for future unplanned audits. If your company needs any assistance to assess current I-9 practice, please do not hesitate to contact our immigration law team for guidance.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]


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