FORM
:
Staying Out of Trouble
I-9
By Stacy Smith
I
38
n case you haven’t watched the news lately, immigration is
a big deal these days. Companies must navigate the balance
between ensuring all of their employees are authorized
to work in the United States while refraining from any
discriminatory practices on the basis of national origin or citizen-
ship. That’s the reason employers have been required to have a
completed Form I-9, Employment Eligibility Verification, for
every new employee hired after Nov. 6, 1986.
Late last year, the U.S. Citizenship and Immigration Services
(USCIS) released an updated Form I-9 that must be used begin-
ning Jan. 22, 2017. The update doesn’t include any changes in the
regulations or acceptable documents, but simply in the format
of the form. The impact on companies using electronic I-9s is
minimal, other than ensuring the format of the form and instruc-
tions you’re using have been updated. But for companies who
use paper forms, the new format provides convenience and some
measure of assurance. The form and instructions are available at
https://www.uscis.gov/i-9.
n WHY DO YOU CARE?
Penalties for failing to comply with Form I-9 requirements
range from $216 to $2,156 per form, depending on the type
and prevalence of errors. So it’s important to be vigilant about
completing these forms in case of a governmental audit.
n AN INTELLIGENT FORM
The new paper form is a “smart” form
that can be filled in electronically but still
must be printed, signed by hand and retained
as paper. Employers are not required to use
the “smart” I-9, but it can assist in ensuring
the form is completed correctly. Each field on the form has a small
question mark icon that provides specific instructions for that
field.
A new employee can complete the Form I-9 before coming
on board, provided there has been an offer of employment and an
acceptance. Be aware that the I-9 can’t be used as a pre-screening
process to ensure an employee is authorized to work in the United
States. The latest a new employee can complete the form is three
business days after starting work for pay, and even employees who
work for a very short time still need to complete an I-9.
n WHAT TO WATCH OUT FOR
Read the instructions. The instructions for the updated I-9
have been expanded from 6 to 15 pages, and a prudent employer
will read through them.
Don’t mandate specific documentation. It’s very tempting
to tell a new employee to bring her driver’s license and Social
Security card to her orientation appointment. Everybody has