Posted on July 11, 2024

Ensuring that all employees are authorized to work in the United States is a critical aspect of the hiring process for any business. The I-9 verification process, mandated by the U.S. Citizenship and Immigration Services (USCIS), helps employers verify the identity and employment authorization of each new hire. At The Docs Agency, LLC, based in Indianapolis, Indiana, we specialize in providing comprehensive background screening services, including I-9 verifications. In this blog post, we will guide you through the I-9 verification process step by step, helping you ensure compliance and avoid potential penalties.

Understanding the Importance of I-9 Verification

The I-9 verification process is designed to prevent unauthorized workers from being employed in the United States. It requires employers to verify the identity and employment eligibility of every employee hired after November 6, 1986. This process is crucial for maintaining compliance with federal laws and avoiding fines or legal issues. By thoroughly understanding and following the I-9 verification process, businesses can protect themselves from potential liabilities and ensure a lawful workforce.

Preparing for the I-9 Verification Process

Before beginning the I-9 verification process, it is essential to gather the necessary forms and understand the requirements. Employers must use the most current version of Form I-9, which can be downloaded from the USCIS website. Additionally, businesses should familiarize themselves with the instructions for completing the form, as errors or omissions can lead to compliance issues. It is also helpful to designate a responsible person or team to manage the I-9 verification process to ensure consistency and accuracy.

Step 1: Completing Section 1 of Form I-9

The I-9 verification process begins with the new employee completing Section 1 of Form I-9. This section requires the employee to provide their personal information, including their name, address, date of birth, and Social Security number. The employee must also attest to their employment authorization status by selecting one of the following options: U.S. citizen, noncitizen national, lawful permanent resident, or alien authorized to work. It is important for the employee to complete Section 1 by their first day of employment.

Employers should ensure that the information provided in Section 1 is complete and accurate. Any errors or omissions should be corrected immediately to avoid potential compliance issues. Additionally, employers are responsible for reviewing the employee’s documentation to verify their identity and employment authorization.

Step 2: Reviewing and Verifying Documentation

In Section 2 of Form I-9, employers must review and verify the documentation provided by the employee to establish their identity and employment authorization. The USCIS provides a list of acceptable documents, which are divided into three categories: List A documents establish both identity and employment authorization, List B documents establish identity only, and List C documents establish employment authorization only.

Employers must ensure that the documents presented by the employee are original and appear to be genuine and related to the individual presenting them. Photocopies of documents are not acceptable, except for certified copies of birth certificates. Employers should make a copy of the documentation for their records, but it is not required by law. The information from the documents should be recorded accurately in Section 2 of Form I-9.

Step 3: Completing Section 2 of Form I-9

After reviewing and verifying the documentation, the employer must complete Section 2 of Form I-9. This section requires the employer to enter the document title, issuing authority, document number, and expiration date (if applicable) for each document presented. The employer must also provide their business name and address, as well as the name and title of the person completing Section 2.

It is crucial for employers to complete Section 2 within three business days of the employee’s first day of work. Failure to meet this deadline can result in penalties and compliance issues. Employers should review the completed form for accuracy and ensure that all required fields are filled in correctly.

Step 4: Reverification and Updating

Employers are responsible for reverifying the employment authorization of employees whose work authorization documents have an expiration date. This process involves completing Section 3 of Form I-9. Reverification must be done before the expiration date of the employee’s current authorization to avoid any gaps in employment eligibility.

To complete Section 3, the employee must present a document that shows continued employment authorization. Employers should review and verify the new documentation and record the relevant information in Section 3. If an employee’s name has changed, this can also be updated in Section 3.

Common Pitfalls and How to Avoid Them

The I-9 verification process can be complex, and there are several common pitfalls that employers should be aware of to avoid compliance issues. One common mistake is failing to complete Form I-9 within the required timeframes. Employers should ensure that Section 1 is completed by the employee’s first day of work and that Section 2 is completed within three business days.

Another common pitfall is accepting improper documentation. Employers should familiarize themselves with the list of acceptable documents and ensure that they only accept original documents that appear to be genuine. Additionally, employers should avoid making discriminatory assumptions about an employee’s documentation based on their appearance or national origin.

Employers should also be aware of the requirements for reverification and ensure that they monitor the expiration dates of employees’ work authorization documents. Failing to reverify employment authorization in a timely manner can result in compliance issues.

Conclusion

Navigating the I-9 verification process is essential for maintaining compliance with federal laws and ensuring a lawful workforce. By following the steps outlined in this guide, employers can effectively manage the I-9 verification process, avoid common pitfalls, and protect their businesses from potential liabilities. The Docs Agency, LLC, based in Indianapolis, Indiana, specializes in providing comprehensive background screening services, including I-9 verifications, to help businesses streamline their hiring processes and ensure compliance.

If you need assistance with the I-9 verification process or any other background screening services, reach out to The Docs Agency, LLC at (317) 434-0345. Let us help you create a safer, more efficient hiring process for your business.