Form I-9 verification is a mandatory requirement for all U.S. employers hiring new employees, including those on an H-1B visa. However, businesses that deploy talent across multiple client locations often struggle with their verification process due to the decentralized nature of these workplaces, which often creates delays and complications in document validation and submission.
Failure to comply with Form I-9 guidelines can lead to hefty fines and serious legal consequences. To avoid these risks, employers must adopt structured practices to ensure a smooth verification process.
This blog explores the complexities of Form I-9 verification and outlines possible steps employers can follow to facilitate a smooth process.
What is Form I-9?
Form I-9, also known as the “Employment Eligibility Verification” form, is a legal requirement for all U.S. employers when hiring new employees, regardless of their citizenship status.
It helps in:
Verifying the identities of newly hired employees.
Confirm their legal authorization to work in the U.S.
Ensuring the employer has examined the original identity and work authorization documents.
Form I-9 consists of 3 sections:
Section I: This section must be completed by the employee no later than their first day of work.
Section II: This part must be completed by the employer within 3 business days of the employee’s start date.
Supplement B (formerly Section III): This section is used for reverification and rehiring when required.
For example, if an employee’s work authorization is about to end or has ended, and they have an extension to continue employment, then employers must fill this section and update Form I-9.
Consequences of Form I-9 Noncompliance
Civil fines & penalties: Failure to comply with Form I-9 requirements can lead to serious fines based on the type and severity. As per DHS final rule Civil Monetary Penalty Adjustments for Inflation, penalties for 2025 are as follows:
For I-9 paperwork violations, the penalties range from $288 to $ 2,861 for the first offence.
For recruiting, referral, and rehiring unauthorized workers, the penalties range from $716 to $5,724
For subsequent offences, the penalties may range from $8,586 to $28,619
Criminal penalties: Employers may face serious criminal charges and potential imprisonment if they are not compliant with the obligatory Form I-9 requirements.
Debarment from government: Employers may be temporarily or permanently barred from receiving federal contracts or grants.
Site audits: Noncompliance on the employer’s part may increase the number of unexpected site visits/ audits disrupting the regular flow of their operations.
Reputation damage: Failure to comply with USCIS guidelines may negatively impact the organization’s image, affecting relationships with clients and stakeholders.
Can H-1B Employees Work at Multiple Locations?
Yes, H-1B employees can work at multiple locations if they comply with certain USCIS requirements, including:
1. Filing a separate Labor Condition Application (LCA) for every new worksite if it falls outside the Metropolitan Statistical Area (MSA).
2. Posting the LCA notice at the worksite for at least 10 days before the employee begins work there.
3. Filing an amended H-1B petition with USCIS if any new employment changes are made.
4. Ensuring the workers at the new worksite are compensated according to DOL’s guidelines.
5. Documenting and properly maintaining a Public Access File (PAF) for each location to maintain compliance with USCIS guidelines.
How to Complete I-9 Verification for Multi-location H-1B Employees?
Employers often find it difficult to complete Form I-9 verification when H-1B employees are working remotely or are placed at different client sites as they are not able to validate important documentation physically. However, with a systematic approach, this problem can be solved easily.
Centralize your policy: Follow the same rules and principles at every worksite to maintain consistency across all documents.
Create a well-structured policy that includes:
A detailed guide for completing Form I-9
Timelines for completion
Comprehensive guidelines for remote employees and field workers
Defined roles mentioning the person who is in charge
Designate and train representatives: Select and train authorized representatives at every work location to complete, update, or make corrections to Section 2 (or 3) on your behalf. These representatives can be any member of the general public, such as a personnel officer, foreman, agent, or notary public, where permissible.
The representatives must know how to:
Verify employee documents
Complete Section 2 of Form I-9
Handle any potential discrepancies
Understand anti-discrimination practices to facilitate a transparent process
Use the latest form: Make sure to use the updated Form I-9 with the edition date of 08/1/23, having an expiration date of either 07/31/2026 or 05/31/27 at all work locations to maintain compliance with USCIS guidelines, as outdated forms can result in technical violations and unnecessary delays.
Leverage technology: Employers can use E-Verify and electronic I-9 management systems to complete the verification process without any hassle.
Employers canalso leverage advanced platforms that support video and remote document verification to ensure compliance with USCIS guidelines throughout the verification.
Implement progress tracking tools: Use digital tools to track your compliance process that send automated reminders for deadlines to make sure you don’t miss any important step or date during the verification process.
Conduct internal audits regularly: Conduct regular internal audits to identify errors early and correct them, ensuring all documentation is updated and saved securely at all times.
Form I-9 Verification: Additional Tips for H-1B Employers to Stay Compliant
Managing compliance with I-9 verification for H-1B employees can seem complex at times, but employers can take some additional proactive steps to ensure a smooth verification process:
Use a standardized process: Create a consistent protocol for the I-9 verification and use it across all sites to eliminate common errors and ensure a smooth process. This includes clear timelines, document handling instructions, and escalation handling steps for potential escalations.
Centralize document storage: Securely save and manage all crucial documentation in a single place to avoid confusion during site visits and compliance checks.
Invest in training: Organize regular training sessions for the selected authorized representatives so they know how to deal with I-9 verification complexities.
Use checklists for each location: Use a separate checklist that is easy to understand for each location to make the verification process smoother for authorized representatives.
Document all steps: To maintain a transparent verification process, employers must record and document all steps to stay compliant in case of unexpected audits or site visits.
Stay updated on new guidelines: Regularly follow the Form I-9 and USCIS updates to stay informed about any new rules or changes in the verification process.
Summing up
Form I-9 verification is a prerequisite for all U.S. employers when they hire new employees. It helps in verifying the identity and employment authorization of the new hire. Failure to complete the I-9 verification can lead to serious legal and financial consequences, negatively impacting the image of the organization.
To stay compliant with USCIS requirements, employers can centralize their policy and train designated representatives. By implementing tracking tools and conducting regular internal audits, employers can ensure a smooth verification without any difficulties.
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