The federal I-9 form, which verifies an employee’s identity and right to work in the United States, is one of the most important compliance requirements all employers have, regardless of size. For the past 30 years, any newly-hired or rehired employee has been required to complete the I-9 process within the first three days of employment in order to remain employed.
Employers have always been required to use the most recent version of the form, which one can tell from the expiration date that is on the form itself. A revised I-9 was released on Nov. 14, 2016, meaning all employers should be using the most updated form, starting in January 2017.
The changes to Form I-9 are significant and noticeable. They include the addition of dropdown menus, the creation of QR codes when the form is printed, a button to access instructions, validations to ensure data is entered in an acceptable format, permissible abbreviations to document titles, and a requirement that the employee attest whether or not they used a preparer/translator.
Importantly, while many of the changes are designed to make electronic completion of the form easier, the form does not allow for electronic signatures, so even if the fill-in-the-blank sections are completed electronically, the form must still be printed for handwritten signatures.
As for penalties, fines for I-9 violations went up on Aug. 1, 2016 – nearly doubling in some cases. Thus, the introduction of the revised form is also a perfect time to audit the I-9s of current employees to ensure none are missing, incomplete or have an expired work authorization (not to be confused with other documents that may have since expired but are okay as they were valid when the I-9 was originally completed).
While the audit process can be tedious with detailed requirements for correction, here are some basic tips:
Audit I-9s for all current employees. While auditing a selective sampling is permissible, criteria for choosing the sample must not appear to be discriminatory or retaliatory, such as over-representing those employees who may not be citizens.
As Section 1 is completed by employees, employers should not correct any errors or omissions in this section. Rather, when there are errors, the employees themselves should strike through incorrect information, input the correct or missing information, and initial and date the area.
The employer sections (2 and 3) may be corrected by the employer in the same manner as in the employee section. Multiple errors may require completing the section on a new form and attaching it, along with a signed and dated explanation, to the original form. Erasing or concealing incorrect information is not permitted. Corrections must be noted on the form.
Backdating a signature line is prohibited. The current date should be added and initialed.
If an employee’s form is missing or was never completed, the current version of the form should be completed by both employee and employer, again, not backdating the signatures – just remember to use the correct hire date.
If the form is missing the information concerning the employee’s IDs, the employee should be asked to provide their documentation, based on the options the current version allows. The employer should complete section 2 and 3 on the current version of the form, attaching it to the employee’s original form. Remember, you cannot tell the employee which documents on the lists to present – while it is tempting to say, “I need to see your driver’s license and social security card,” to do so for I-9 purposes is illegal.
Charlotte Jensen is Vice President of HR compliance for Affinity HR Group – a strategic partner of the HRGroup, a provider of Human Resource support services, including hiring practices, compensation programs, talent development and more. For additional info, email [email protected].
