Podcast | Workforce Worldview

    What Do US Employers Need to Know About I-9 Employment Verification?

    October 2024
    Region: Americas
    Featuring:

    Based on the Immigration Reform and Control Act of 1986, US employers are required to verify that their newly hired employees are authorized to work in the US. But how can employers fulfill the employment verification requirements? In this episode of our Workforce Worldview podcast, we join, Greg Wald and Sam Mudrick as they discuss the Form I-9 employment verification process, what documents you need for I-9 employment verification, the consequences and penalties for noncompliance, as well as new developments, including the remote examination alternative.


    Which employees are required to have I-9 employment verification?

    Under the Immigration and Control Act of 1986, all US employers except for self-proprietors must ensure that all employees hired on or after November 7, 1986, complete Form I-9 employment verification.

    How long do employees have to complete their I-9 employment verification?

    All US employees must complete their I-9 employment verification either on, or before their first day of employment with a new employer. This can also be done during the onboarding process. After this, employers have three business days to submit their part of the I-9 form.

    What documents are required for I-9 employment verification?

    There are several documents that employees can submit to verify their identity and authorization to work such as an I.D., passport, social security card, etc. But an employer can only provide a list of options as to what to submit. They cannot ask for specific documents to be presented.

    How long must employers retain I-9 verification forms?

    The I-9 must be retained for all current employees. In the event of a termination or separation from an employee, employers must retain the I-9 for the longer of one year after the termination, or three years after the date of hire.

    What are the penalties for mishandling I-9 verification?

    There are several possible penalties that range from civil, and in some cases criminal offense. These can result in hundreds of thousands of dollars in fines for certain employers, even if the violations relate only to paperwork violations.

    Any tips or advice?

    There are lots of details to consider, and Greg and Sam talk through plenty of do’s and don’ts in further detail. These range from how to use electronic I-9 verification to more specific examples of fines employers could incur. I-9 employment verification can be complex so make sure to review it thoroughly and, most importantly, talk to one of our lawyers!

    Featuring

    Gregory A. Wald San Francisco | Singapore | Miami | Los Angeles
    Samuel J. Mudrick Washington DC

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