The Immigration Reform and Management Act of 1986 requires U.S. employers to confirm an worker’s identification, work authorization and employment eligibility with the I-9 kind.
The right completion and storage of those paperwork is important, as I-9s have to be filed and produced upon request by Immigration and Customs Enforcement. An I-9 audit can happen at random, and failure to conform can lead to hefty penalties.
Whereas the I-9 kind itself is simply two pages lengthy, it additionally has 22 pages of instruction, so it’s straightforward for errors to be made.
The excellent news is, you may keep away from the most typical I-9 kind errors through the use of this helpful listing as a information.
1. Not filling within the blanks
It might appear apparent, however all the things have to be crammed out on the I-9 kind. Too usually, staff or employers depart one thing they contemplate inconsequential clean.
Nonetheless, what looks as if a innocent mistake may have penalties – and that features one thing so simple as not filling in dates.
For instance, a mistake by an worker may impression their immigration standing in the event that they’re making an attempt to achieve U.S. citizenship. This might, in flip, have an effect on your skill to maintain that particular person on as an worker. Once you’ve put money and time into growing an worker, that might be a giant loss on your firm.
Don’t be careless as you fill out this way, and be good about following correct procedures. Should you aren’t cautiously studying by the shape and directions, you may simply miss one thing.
2. Ready to have staff fill out their a part of the I-9
Workers should have their a part of the I-9 kind crammed out by the primary day of labor, and also you – the employer – solely have till the third day.
For instance, if the worker begins work on a Monday, they should have the I-9 kind crammed out by then, and your organization must have your part crammed out by Thursday. As a finest observe, get within the behavior of filling out your employer half the identical day, if doable, so it isn’t forgotten.
Simply you’ll want to avoid filling out worker info (Part 1) your self. This part have to be accomplished by the worker (or their preparer/translator).
3. Filling out the preparer/translator certification part your self
Employers usually assume they’re chargeable for filling out the preparer/translator part of the I-9 kind.
Conversely, this part ought to solely be accomplished by a 3rd social gathering if the worker receives help filling out the shape. For instance, a preparer or translator may help a distant or disabled worker. Or, an worker who doesn’t communicate English as their first language may require a translator.
In different phrases, an HR consultant or administrator in your organization, who may be answerable for storing paperwork, shouldn’t contact this part.
If an worker doesn’t use a preparer or translator, be certain they test the field on the prime of this part that claims “I didn’t use a preparer or translator.”
4. Handing out the Spanish language kind to Spanish-speaking staff
It’s tempting to provide your Spanish-speaking staff the Spanish model of the I-9. However resist. That model can solely be utilized in Puerto Rico.
Nonetheless, it may be used as a reference for the worker to fill out the English model, so use it as a useful resource when essential.
5. Requiring sure varieties of documentation
An employer can’t dictate the kind of employment authorization documentation to confirm an worker’s proper to work. From passports to driver’s licenses to social safety playing cards and past, staff have choices.
If extra info is requested by an employer than required, it may violate the Immigration and Nationality Act’s anti-discrimination provision.
To confirm an staff’ work eligibility, you need to use E-Confirm. Whereas required in some states, it’s additionally an ideal useful resource elsewhere to assist guarantee a authorized workforce.
6. Utilizing the mistaken kind of visa
When reviewing the employee’s paperwork, don’t get tripped up by the kind of visa supplied.
For instance, you’ll wish to be sure the doc is just not a vacationer visa.
Should you aren’t positive, confer with the U.S. Citizen and Immigration Providers web site to seek out examples of the kind of visa you’re reviewing.
7. Not inspecting expiration dates
Expired passports was an appropriate type of ID, however that’s not the case anymore. You could examine all expiration dates on the paperwork.
If an worker brings in an expired doc, you’ll need to request that they both present one other acceptable doc, or ask them to get the prevailing one renewed. In sure circumstances, a receipt indicating the replace of the expired doc could also be acceptable.
8. Not storing the shape lengthy sufficient
A typical mistake for employers is that they assume they solely have to hold the I-9 kind for 3 years.
As an alternative, it’s essential to hold it for so long as the worker works for you plus one 12 months, or for as much as three years, whichever is longer. Use this I-9 storage calculation device for assist figuring out how lengthy to carry onto the shape.
Should you don’t hold your I-9 varieties lengthy sufficient and also you’re audited, you could be in violation of the regulation.
9. Improperly storing paperwork
The U.S. Citizen and Immigration Providers maintains particular necessities on how your I-9 paperwork needs to be saved.
For instance, I-9s needs to be saved individually from different personnel information so that they’re straightforward to entry in an audit. In case of an audit, you’ll be anticipated at hand over the varieties inside three enterprise days.
Additionally, ensure that your I-9 varieties are saved in a safe space. Remember that delicate worker info is contained throughout the varieties.
Moreover, should you select to retailer paperwork electronically, be certain system safety necessities are met.
10. Responding to I-9 audits too rapidly
When an audit happens, many enterprise homeowners get flustered and instantly hand over paperwork. Don’t make this error – you will have three days to reply and get your paperwork so as.
You shouldn’t be intimidated by federal brokers. You’ll be able to and will take the allotted time to prepare your information and ensure nothing is lacking earlier than submitting.
Keep away from the powerful penalties of I-9 errors
With this go-to listing, you need to now perceive the potential errors that may be made within the I-9 course of – and the best way to keep away from them.
Take into account that when there’s a sample or observe of steady violations, you or your organization could also be topic to civil fines or felony penalties. It could additionally impression your skill to rent staff in your state, relying on the state regulation.
Transfer ahead cautiously and search HR compliance help from professionals once you want it.
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