Form I-9: A Critical Tool for Employment Eligibility Compliance
Form I-9, known as Employment Eligibility Verification, is an essential document for maintaining a legally compliant workforce in the U.S.
By verifying each new hire's identity and work authorization, employers help ensure that only authorized individuals hold jobs in the U.S., protecting the workforce and reducing the risk of legal penalties. To achieve compliance with Form I-9 requirements, employers must understand its essential steps, record-keeping mandates, and the potential for audits. Below is a comprehensive overview of Form I-9 compliance, including updates on Supplement A and Section 3 (formerly Supplement B):
1. Completion Requirements for Form I-9
The Form I-9 is divided into three sections, each with specific steps and deadlines for employees and employers:
Section 1: Employee Information and Attestation
Deadline: Employees must complete Section 1 no later than their first day of work.
Information Required: Employees provide personal details (name, address, date of birth, etc.), immigration status, and attest to their eligibility to work in the U.S.
Documentation: Employees must present documents proving both identity and work authorization. Acceptable documents are listed on the Form I-9 instructions, including items like a U.S. passport or a combination of a driver’s license and Social Security card.
Section 2: Employer Review and Verification
Deadline: Employers must complete Section 2 within three business days of the employee's start date.
Verification Process: The employer or an authorized representative physically inspects original documents presented by the employee to confirm identity and work authorization. These documents must be accurately recorded on the form.
Section 3: Reverification and Rehires
Section 3 applies in the following scenarios:
Reverification: When an employee’s work authorization expires, employers must complete Section 3 to confirm their continued eligibility to work in the U.S.
Rehires: If an employee is rehired within three years of the original Form I-9 completion date, Section 3 can be used to confirm that their eligibility remains valid.
Name Changes: Employers may also use Section 3 to update an employee’s name following a legal name change.
2. Supplement A: Preparer/Translator Certification
Supplement A must be used when employees require assistance completing Section 1 of Form I-9. This occurs in cases where the employee is unable to fill out the form independently due to language barriers, physical or cognitive disabilities, or other limitations. Key details about the use of Supplement A include:
Who Completes It: A preparer or translator who assists the employee in completing Section 1 must fill out and sign Supplement A to certify that the information provided by the employee is accurate and complete. This section ensures that employers remain compliant even when an employee needs external help completing the form.
Specific Situations Where Supplement A is Necessary:
Supplement A is particularly important in cases involving:Minors Who Cannot Supply a Photo ID or Properly Complete Section 1:
Minors who are unable to provide identity documents (such as a driver’s license or school ID) may still complete Form I-9 with the help of a preparer or translator. For example:If a minor cannot write or complete the form independently, a parent, legal guardian, or another adult may fill out Section 1 on their behalf.
The preparer/translator must then complete and sign Supplement A to certify their role in assisting the minor.
Note: If the minor cannot supply a List B document (like a photo ID), the employer may accept a combination of documents from List C (e.g., a birth certificate and a Social Security card). Special provisions for minors outlined in the M-274 Handbook provide guidance in these cases.
Employees Who Do Not Speak English:
Employees with limited or no English proficiency may require the help of a translator to complete Section 1. The translator must:Ensure the employee's answers are recorded accurately and truthfully.
Complete and sign Supplement A, certifying that the information provided on the form is accurate to the best of their knowledge.
Employers must confirm that the preparer/translator is qualified and impartial to avoid potential compliance issues.
Individuals with Disabilities Who Require Assistance Completing Section 1:
Employees with disabilities may face challenges in filling out Form I-9 independently. For example:A person with a visual impairment or physical disability (such as limited mobility or inability to write) may require another adult to help them complete the form.
The assisting individual, whether a family member, legal guardian, or other representative, must complete Supplement A to document their role in preparing the form on behalf of the employee.
This ensures that the information provided is accurate and that the process complies with federal regulations protecting individuals with disabilities.
Employer’s Responsibility:
While the preparer/translator is responsible for completing Supplement A, the employer must verify that Supplement A is filled out correctly and is attached to the Form I-9. Employers must also ensure that the preparer/translator complies with the following:Provide their full name, address, and signature on Supplement A.
Certify their role and confirm that the information provided in Section 1 reflects the employee’s attestation accurately.
Employers must store Supplement A as part of the complete Form I-9 documentation, ensuring it is readily available for inspection in the event of an audit.
By requiring Supplement A in these situations, the Form I-9 process remains accessible for all employees, including those who face language barriers, physical or cognitive disabilities, or legal constraints as minors. Proper use of this supplement ensures compliance with both federal employment laws and anti-discrimination regulations, such as those outlined in the Immigrant and Employee Rights (IER) Section of the DOJ.
Note: ZipID currently does not offer automated support for Supplement A. However, we provide a manual process to help employers add Supplement A to the employee's Form I-9. For detailed instructions on managing this process, please refer to our Tech Stack Help Article.
3. Record-Keeping Requirements for Form I-9
Employers are required to retain Form I-9 records for all employees to ensure compliance with legal mandates.
Retention Period: Employers must keep completed Form I-9s for three years after the date of hire or one year after employment ends, whichever is later.
For example:
If an employee works for one year, their Form I-9 must be retained for four years.
If an employee works for 10 years, their Form I-9 must be retained for 11 years.
Form Disposal: Once the retention period has expired, employers must securely dispose of Form I-9s to protect personal information.
Note: ZipID does not retain Form I-9s beyond 30 days after adjudication. Employers are responsible for the secure storage and disposal of these forms, per the M-274 Handbook guidelines.
4. Auditing and Inspections by Government Agencies
Form I-9s must be accessible for inspection by federal agencies such as the Department of Homeland Security (DHS), the Department of Labor (DOL), and the Department of Justice’s Immigrant and Employee Rights Section (IER).
To prepare for potential audits:
Organize Records: Store Form I-9s in a secure but accessible location, separate from personnel files.
Conduct Periodic Audits: Internal reviews can help identify and correct compliance gaps before an external audit occurs.
How To Prepare for Audits
If you receive notice of an audit, it’s natural to feel concerned. However, a proactive approach can make the process manageable. Here’s a step-by-step guide on what to do and how ZipID can support your company in staying compliant and audit-ready. Read More.
Conducting Internal I-9 Audits: Why They’re Essential and How to Get Started
Regular internal audits of Form I-9 records are a crucial part of maintaining compliance with Department of Homeland Security (DHS) I-9 guidelines. These audits help employers proactively manage I-9 documentation, ensuring compliance with employment eligibility verification requirements and reducing the risk of costly violations.
5. Best Practices for HR Compliance
Employers can reduce risks and ensure compliance by following these best practices:
Training for HR Staff: Regular training helps HR teams stay updated on Form I-9 requirements, including proper use of Supplements A and Section 3.
Leverage Technology: Solutions like ZipID streamline the I-9 verification process, reducing errors and ensuring timely completion. However, human oversight and understanding of compliance requirements remain essential.
6. Additional Resources for Employers
Employers can access detailed instructions and guidance on Form I-9 compliance in the USCIS M-274 Handbook for Employers. This resource covers key topics, including document retention policies, reverification procedures, and audit preparation, and is available on the USCIS website.
By understanding and implementing these guidelines—including proper use of Supplement A and Section 3—employers can maintain Form I-9 compliance, protect their workforce, and avoid costly legal penalties.