Form I-9

Guidelines to be followed to make yourself free from I-9 compliance violation

Published On
Jul 9, 2018
Read Time
5 Minutes

In the current scenario, most of the small business owners focus more on hiring talent in short span of time to expand their business. Which is good, but it often comes at the cost of being compliant with the required regulation.

As a norm, when a new employee is hired, it is the employer's responsibility to verify if the candidate is legally eligible to work in the United States. Which is where Form I-9 compliance comes into place. Most companies are noticing the increased frequency of DOL audits on Form I-9 Compliance & worried on monetary penalties for this compliance violations; ranging from $375 to $16,000 per violation.

Basic Form I-9 inspection process:

i9 compliance

Let's understand more on how an employer can be in compliant with this Form I-9 regulation and few tips to be followed while filling the form. What is Form I-9?

Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States as mandated by the Immigration Reform and Control Act of 1986. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. Both employees and employers (or authorized representatives of the employer) must complete and sign the form. An employee can present acceptable documents evidencing identity and employment authorization. This includes citizens and noncitizens. All form I-9's of the organization must be available for inspection by an Immigration and Customs Enforcement (ICE) officer upon request.

Steps to in filling form I-9:

Completing Section-1

Once the offer is accepted by the employee, Section-1 needs to be completed by him/her on or before the first day of employment for pay.

Employers must review and validate the information that the employee has provided in Section 1.

Completing Section-2:
Section 2 must be filled by the employer no later than three business days of the employee's first day of work for pay.

Section 3 - Re-Verify:

Employers must complete Section 3 when employee's employment authorization or documentation of employment authorization has expired ("reverification")

Some DO's and DON'Ts to remember while filling Form I-9:



Penalties for Violations:

Employers with knowingly hire or continuing to employ violations shall be required to cease the unlawful activity and, may be fined. The agent or auditor will divide the number of knowingly hire and continuing to employ violations by the number of employees for which a Form I-9 should have been prepared to obtain a violation percentage.

Complete, Update and Retain Your Form I-9s Digitally

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