Proper completion of the Form I-9 is a must to satisfy workplace immigration laws — and to avoid government fines if you’re ever audited. But it’s not unusual for even the most conscientious employer to make mistakes. Here’s a handy checklist of what to fill out — and troublesome areas to doublecheck — to ensure accuracy.
Section 1: To be completed by the employee
Remember: The employee must complete Section 1 on or before his/her start date.
Section 2: To be completed by the employer
Remember: You must complete Section 2 within three days of the employee’s start date.
Section 3: To be completed by the employer only when necessary
Note: This section is for reverification and rehires. Leave it blank unless:
- Use the most up-to-date I-9 form: For all new hires, use the Form I-9 with the date 11/14/2016 in the bottom-left corner. With the recent Form I-9 change, as expected, you’ll need to use the new version dated 07/17/17 beginning September 18, 2017.
- Maintain a form for everyone on your staff: Under recordkeeping retention rules, you must hold on to the Form I-9 for three years after the hire date or one year after the date of separation — whichever comes later. This means you should have a Form I-9 on file for all current employees, as well as for workers who have left the company recently.
- File forms together: Keep all Form I-9 records together, apart from other employee personnel records. Storing your Form I-9s separately from other records reduces your exposure in an audit or investigation by keeping unrelated documents out of the inquiry.
- Don’t keep photocopies: You’re not required to keep copies of the identity and employment-eligibility documents employees provide. In fact, many employment-law attorneys recommend against this. Should you decide to keep copies, be certain you do so for every worker so your process remains consistent. Use the most up-to-date I-9 form: For all new hires, use the Form I-9 with the date 11/14/2016 in the bottom-left corner. With the recent Form I-9 change, as expected, you’ll need to use the new version dated 07/17/17 beginning September 18, 2017.
HRdirect’s I-9 & W-4 app walks you through an automated, online authorization process that ensures you’re meeting all federal recordkeeping requirements and avoiding costly mistakes when completing your Form I-9s.