Form I-9 Compliance Pitfalls To Avoid

On October 31, 2022, Form I-9 Covid-19 accommodations will expire. Many employers already have some difficulties staying compliant with regulations when completing Form I-9 for their employees. With Covid-19 accommodations ending, it could be even more difficult for some employers to remain compliant. Employers have a number of compliance issues when completing the Form I-9 employee verification process, such as unnecessary re-verification and document policies.

The United States Citizenship and Immigration Services requires employers to complete Form I-9 for all new employees in order to verify the employee’s identity and employment authorization. It is important when employers complete Form I-9 to use the most recent version of the form. This form will have a revision date of October 21, 2019. Employers must also make sure to give their employees complete instructions for Form I-9.

Employers should make sure they do not discriminate against any employees based on the employee’s citizenship or national origin. When an employee is hired, they must complete section one of Form I-9 by their first day of work. Then, after the employee’s first day of work, employers have three days to fill out Section 2. Section 3 only needs to be filled out if an employee’s employment authorization has expired or if an employee is rehired. Employers will need to physically examine the documents an employee presents to them with Form I-9 unless their employees work remotely, in which case they can examine the documents remotely until October 31, 2022.

There are some common compliance issues employers have with Form I-9, such as:

Unfair Documentary Practices

This is a very common compliance problem employers have with Form I-9. Employers need to remember not to ask for more documents than required. They also must not specify which documents the employee may provide or reject documents that appear to be genuine.

Reverification Issues

Reverification is another issue that causes a lot of problems for employers. Employers will sometimes unnecessarily reverify employees. When they do this, it is considered to be asking for more documents than are required. One issue that confuses employers is that employment authorization documents are sometimes valid beyond their expiration date due to extensions.

Social Security Numbers

Some employers are not sure if an employee is allowed to begin work without a Social Security number. However, employees can start working while they wait for their Social Security number if they satisfy the other requirements for Form I-9.

It is essential to keep up with the latest laws and regulations regarding Form I-9 and comply with them to avoid penalties and fines. However, this can be difficult for many employers. The best way to ensure compliance is with an electronic I-9 management tool, which can help by guiding hiring personnel through the complete process and ensuring that forms and documentation are stored correctly.

When it comes to your work, automation makes eligibility verification quick and seamless. Get a head start today with I-9 Compliance.