Form I-9 requirements were established in November 1986 when Congress passed the Immigration Reform and Control Act (IRCA). IRCA prohibits employers from hiring people, including U.S. citizens, for employment in the United States without verifying their identity and employment authorization on Form I-9.

When did I-9 forms start?

All employers must use Form I-9 for all employees hired on or after Nov. 6, 1986, who are working in the U.S. This act also established prohibitions against national origin and citizenship or immigration status discrimination with respect to hiring, firing and recruitment or referral for a fee.

Is i-9 required by law?

All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

What year did i9s become required?

The Immigration Reform and Control Act (IRCA) of 1986 requires all U.S. employers, regardless of size, to complete a Form I-9 upon hiring a new employee to work in the United States.

When was the i-9 form last updated?

The notice provides employers additional time to make necessary updates and adjust their business processes. Employers may continue using the prior version of the form (Rev. 07/17/2017 N) until April 30, 2020. After that date, they can only use the new form with the 10/21/2019 version date.

Can i9 be verified before start date?

The verification can be completed before the employee begins work for pay; The latest — three days after the new hire’s first day of work for pay, unless the employee will work for fewer than three days; for them, you must verify no later than the first day of work for pay.

Is there a new I-9 for 2021?

This temporary guidance was set to expire May 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 requirement flexibilities from June 1 to August 31, 2021.

What triggers an I-9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and “silent raids” by ICE.

Where can I find my i-9 form?

To order USCIS forms, you can download them from our website at or call our toll-free number at 1-800-870-3676. You can obtain information about Form I-9 from our website at or by calling 1-888-464-4218.

Which states require E Verify 2021?

To date the following states require E-Verify for some or all employers: Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia and West Virginia.

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Can I work without I-9?

A. No. You need to complete I-9s only for people you actually hire. For purposes of this law, a person is “hired” when he or she begins to work for you.

What if an employee never completed an I-9?

Failure to comply with I-9 verification and document retention requirements could result in a penalty. The minimum penalty for a first offense is $110; the maximum penalty is $1,100. Penalties are assessed based on several factors, including: The size of the employer.

Who enforces I-9 compliance?

Immigration and Customs Enforcement (“ICE”) is one of the main agencies that enforces this federal law, often by conducting I-9 audits, and with increasing regularity through work site raids (even during the COVID-19 pandemic).

Can employers take an expired ID 2021?

“Some expired documents, including driver’s licenses in many states, have been automatically extended by the issuing agency under COVID-19 rules. … Employers may accept these auto‑extended documents as currently valid for I-9 identity verification.”

Will Uscis extend I-9 flexibility?

DHS Extends Form I-9 Requirement Flexibility (Effective September 1, 2021) … This temporary guidance was set to expire August 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy until December 31, 2021.

Is there a fillable i-9 form?

U.S. Citizenship and Immigration Services (USCIS) publishes a paper I-9 Form and an electronic, fillable I-9 Form. The new version of the paper form has no changes from the prior version. … New hires and employers, or their authorized representatives, must complete the form.

How early can you e-verify?

You may create a case in E-Verify for an employee whose first day of employment is up to 90 business days in the future. The employee’s first day of employment is the date the employee began (or will begin) work for pay.

How long is i9 verification?

For cases requiring manual review, E-Verify will return a DHS Verification in Process response and in most cases provide I-9 verification results within 24 to 48 hours. No action is required by the employer or employee during this time.

What happens if you don't e-verify?

As of 2011, all public and private employers are required to participate in E-Verify. Penalties: Employers who do not use E-Verify may have all state contracts terminated and become ineligible for public contracts for three years, and/or may have licenses, permits, or certificates suspended for one year.

Can I-9 verification be done online?

March 20 update: The U.S. Department of Homeland Security (DHS) announced that it will defer the physical presence requirements associated with reviewing Form I-9 documents for employers and workplaces operating completely remotely.

Who can be an authorized representative for I-9?

An authorized representative can be anyone – even a friend or family member of a new hire – who reviews a new hire’s Form I-9 documents in-person and signs Section 2 of the Form I-9 on behalf of the employer.

How common are I-9 audits?

Nearly 6,000 employers were I-9 audited in 2018, and some expect that number to shake out closer to 10,000 when the figures come in on 2020. … 76% of paper Form I-9s have at least one error (and a similar percentage go missing or are incomplete).

Can you complete I-9 without SSN?

An Employer can complete an I-9 without the Employee’s Social Security Number. … The employee should provide SSN to you within 90 days of their start date of work. If the SSN has not been received within this time, the employee MUST be terminated from Payroll.

What is the difference between i9 and E-Verify?

Form I-9, Employment Eligibility Verification, is the core of E-Verify. E-Verify is an internet-based system that compares information from Form I-9 to government records to confirm that an employee is authorized to work in the U.S. … E-Verify is fast, free and easy to use.

How do I verify an i9?

1. Step 1: Decide which employees the employer wants to verify.
2. Step 2: Determine which existing employees are exempt or have special requirements relating to the verification process.
3. Step 3: Complete new Forms I-9 or update existing Forms I-9.

Does Walmart do E-Verify?

E-Verify also allows individuals to “self-check” their workplace eligibility status. … This list only includes companies with five or more employees and may only include the name and address where they process E-verify. Walmart, for example, is listed under “Walmart Stores” in Springdale, Arkansas.

Can you accept expired passport for i9?

Expired documents are no longer acceptable for Form I-9. … However, you may accept employment Authorization Documents (Forms I-766) and Permanent Resident Cards (Forms I-551) that appear to be expired on their face, but have been extended by USCIS.

Does I-9 come after background check?

Normally, upon a successful background check, the onboarding process begins. This typically includes new hire paperwork, acknowledgment of company policies, and for the new hire to complete the Employment Eligibility Verification form commonly known as the Form I-9.

When can you destroy I-9 forms?

You can destroy a former employee’s I-9 records one year from the date of termination or three years from the date of hire, whichever is later. Current employee’s I-9 records must be maintained for their entire period of employment.

Can a dd214 be used for i9?

Discharge Form DD-214 or the Armed Forces of the United States Report of Transfer is an acceptable List B #5 document for Form I-9.

Can you e verify with an expired ID?

If an expired document is entered into E-Verify, it generates an error message and you will not be allowed to continue creating the case. The employee will need to present acceptable unexpired document(s) and employers will need to correct Form I-9 before they can create an E-Verify case.