Author: David Lewis
Changes to immigration and regulatory requirements can cause employer confusion. Use the following best practices to help your organization remain compliant with Form I-9 requirements.
Stay current on Form I-9 filing
Keep apprised of I-9 regulations and any updates from the United States Citizenship and Immigration Services (USCIS).
Employees must complete an I-9 form within their first three days of employment, including filling out the form and providing appropriate identity documents from those listed on the form. As an employer, you must do your best to ensure that the documents appear genuine by reviewing the original documents — not a copy — in person.
Register for E-Verify to improve efficiency
During the COVID-19 pandemic, regulators relaxed the Form I-9 process to allow for more flexibility. Employers could inspect and verify a candidate's I-9 documentation virtually instead of in person. However, as of July 2023, that option no longer is available. Employers must inspect documents in person unless the business uses the E-Verify program. As a best practice, employers should register for E-Verify to simplify document verification, because it makes the process much easier in today's hybrid and remote workplaces.
To register, go to E-Verify.gov and enroll as an employer. Then, have your HR staff take the required training. The training helps ensure your staff can navigate the website, understand the current requirements and complete the forms accurately and on time. After completing the training, HR staff can open a case for each new employee hired and review the documentation virtually.
Use internal audits to reduce errors
Regular internal audits of your I-9 process help prevent errors and ensure no documents are missing. If your audit uncovers gaps, HR professionals must know how to make corrections properly to avoid discrimination claims. The government is strict about allowing corrections on the forms.
If your team is using an electronic system to conduct the I-9 process, the system must meet the government's standards for data integrity. If you're verifying forms electronically and not using E-Verify, you still must review all identity documentation in person.
Avoid common Form I-9 processing errors
When processing Form I-9 with new employees, avoid the following common missteps. The government fines employers for each error found during an audit. If multiple errors appear on several forms, the mistakes could add up quickly and become costly.
Watch carefully for the following top I-9 errors:
- Submitting an outdated form. Use the latest version from the Department of Homeland Security.
- Filing the form late. Complete all new employee Form I-9 paperwork within the first three days of employment.
- Not completing the employer section of the form. Complete the dates, name of signer and a signature from the company representative collecting the form.
- Omitting the employee's start date on the form. All information, including the employee's start date, is required.
- Submitting an incomplete or inaccurate form. All information must be complete and correct.
- Storing the I-9 form in the employee file. Keep I-9 documents together in a separate file, binder or electronic file — not in the employee file itself.
- Collecting the wrong documentation. Include only acceptable documentation listed in the form instructions.
- Following the list of documentation on an outdated form. For example, expired US passports are no longer valid forms of documentation.
- Not submitting Form I-9 for all employees. Form I-9 is required for all staff members, regardless of level.
- Not creating cases for all new hires. Once you enroll in E-Verify, use it to create cases for all new hires.
- Including too many supporting documents. Collect only those supporting documents required to complete Section 2 of the I-9: either one document from List A or one document each from List B and List C.
File Form I-9 correctly
Incorrectly filed or late I-9 forms can lead to expensive fines, damage to your organization's reputation or workforce disruptions because employees may have to be terminated or go on leave until the process is done.
Consider performing an audit on your current process with a third-party professional to catch any mistakes before they become a bigger problem. Organize all I-9 forms to display the information easily to an auditor. Following these best practices can help ensure your business runs smoothly. For help with the I-9 filing process, visit the US Citizenship and Immigration Services website.
Gallagher's consulting team has conducted I-9 audits for organizations to verify that documentation follows USCIS standards. We know the common errors to look for and how to make compliant corrections to avoid fines.
