Hiring a new employee comes with plenty of paperwork, but Form I-9 is one area employers can’t afford to overlook.
Every employer, regardless of size, is required to verify the identity and employment authorization of the individuals they hire. This is done through Form I-9, and mistakes in the verification process can expose employers to compliance issues, fines and penalties.
The good news? Employers aren’t expected to be document experts. But they are expected to follow the right process.
What Should Employers Be Paying Attention To?
One of the most important parts of Form I-9 compliance is reviewing the documents provided by a new employee.
Employers must determine whether the documents reasonably appear to be genuine and belong to the person presenting them. If a document doesn’t appear genuine, the employer should not accept it—but the employee must be given an opportunity to provide another acceptable document.
There are a few other important rules employers should keep in mind:
- Employees choose which acceptable documents to provide. Employers cannot demand a specific document from the Form I-9 List of Acceptable Documents.
- Timing matters. Section 1 must generally be completed no later than the employee’s first day of work, while employers generally have three business days after the employee begins work for pay to complete and sign Section 2.
- Be consistent. Employers should apply the same document-review standards to every employee. Inconsistent treatment can create additional legal risk.
- Remote verification has specific rules. Certain employers participating in E-Verify and in good standing may qualify to use an alternative remote examination procedure that includes document copies and a live video interaction.
What If Something Doesn’t Look Right?
This is where employers need to be particularly careful.
If a document doesn’t reasonably appear genuine or related to the employee, the employer should document the specific, nondiscriminatory reason for rejecting it and give the employee an opportunity to provide another acceptable document.
A minor discrepancy—such as a name variation—doesn’t automatically mean a document should be rejected.
The goal is to verify properly without creating discriminatory hiring practices.
Your Form I-9 Process Matters
Form I-9 requirements apply to employers of all sizes, and document verification can be one of the more challenging areas of compliance. Having a consistent process for completing, reviewing and retaining I-9s can help reduce mistakes and limit unnecessary risk.
Eureka People Solutions Can Help
HR compliance can get complicated quickly, especially when you’re trying to run and grow a business at the same time.
Eureka People Solutions can help you review your hiring and onboarding processes, strengthen your HR procedures, and identify potential compliance gaps before they become bigger problems.
Have questions about Form I-9 compliance or your current onboarding process? Ask us. We’re here to help.
This information is intended for general informational purposes and should not be considered legal advice.