Form I-9 Employer Checklist And Quick Reference: Compliance and Retention | Remote Jobs in HR

Ensuring Form I-9 compliance is crucial for employers to verify the identity and employment authorization of their workforce. Our Form I-9 checklist for employers covers essential steps, including document verification, accurate completion, and proper retention practices. By following these guidelines, employers can avoid costly penalties and ensure compliance with federal regulations. Learn how to complete Form I-9 correctly, understand document requirements, and maintain records efficiently to stay compliant with employment verification laws.

Form I-9 Employer Checklist

Initial Review

• Employee Completes Section 1: Ensure the employee completes Section 1 of Form I-9 on their first day of work for pay.
• Verification of Documents: Verify that the documents provided by the employee are original and appear to be genuine and related to the employee presenting them.

Employer Completes Section 2

• Document Review: Complete Section 2 of Form I-9 within 3 business days of the employee's start date. Review and record the documents presented by the employee.
• List of Acceptable Documents: Ensure the documents fall under the categories listed in List A, List B, or List C. Note that List A documents establish both identity and employment authorization, while List B documents establish identity only and List C documents establish employment authorization only.
• Document Details: Record the document title, issuing authority, document number, and expiration date (if applicable) for each document presented.

Reverification (if necessary)

• Employment Authorization: Reverify employment authorization before the current employment authorization document expires. Complete Section 3 for this purpose.

Retention of Form I-9

• Duration: Keep the completed Form I-9 for each employee for either 3 years after the date of hire or 1 year after the date employment ends, whichever is later.
• Storage: Store Form I-9s securely, either on paper, microfilm, microfiche, or electronically. Ensure they are accessible for inspection by authorized government officers.

Common Compliance Checks

• Timeliness: Verify that Section 1 was completed by the employee on the first day of work and that Section 2 was completed by the employer within 3 business days of the start date.
• Accuracy: Check for completeness and accuracy in all sections, ensuring that all required fields are filled out and that the information matches the documents provided.
• Reverification: Make sure that any necessary reverifications are done on time, before the expiration of the current authorization.
• Record Keeping: Ensure that Form I-9s are retained for the correct duration and stored securely.

Additional Tips

• Training: Provide training for HR personnel responsible for completing Form I-9 to ensure they understand the process and legal requirements.
• Audit Regularly: Conduct internal audits of Form I-9s periodically to ensure compliance and correct any issues promptly.
• Stay Updated: Keep informed of any changes to Form I-9 requirements or immigration law to maintain compliance.

Disposal

• Proper Disposal: Once the retention period has expired, ensure that Form I-9s are disposed of properly to protect the privacy of the employees.

Quick Reference

• Complete Section 1: By the first day of work for pay.
• Complete Section 2: Within 3 business days of the start date.
• Retain Form I-9: For 3 years after the date of hire or 1 year after the end of employment, whichever is later

This guide is intended solely for informational purposes.

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