I-9 Preparation

Good morning everyone. Paul Simon with Law Firm of Simon Paschal. Today’s video tip, we’re going to discuss I-9 forms and just kind of very basic general how-to complete an I-9 form. Now, if you go on to USCIS.gov, you can download the latest I-9, that’s going to be key. There’s a lot of variations and versions of the I-9. And one of the requirements is that you use the most updated I-9, so go to USCIS.gov, download the I-9 form there to ensure that you’re actually using the most up to date form. There’s also a long list of instructions. I definitely encourage you to read through those just to get an idea of how to complete the form. But basically, the form is broken down into three sections. The first section is for the employee to fill out, and the employee needs to fill this out by the first day of employment.

And in that section, the employee is going to identify that they’re going to verify their identification, and then they’re going to verify their ability and authorization to work in the US. Now, there’s a list of documents that employee can use to verify both of these, and you’ll see that in the form, and the employees choose as to which forms. You can’t require that an employee provide you a passport. You can’t require an employee provide you a driver’s license or social security number. The employee just needs to look at each list and provide documents that they have to verify those requirements. Now once they’ve completed those, then the employer completes section two saying yes, they have verified that these documents appear to be correct and they sign off on that and that goes in their I-9 file.

The third section is to reverify or recertify the employee. And where you’ll do this is if an employee has left the employment and comes back, you can simply complete section three. Or if they give you some sort of work authorization document that has an expiration, so the employee’s currently authorized to work in the US for three years, but then they may be able to renew it. At the end of the three years, the employee needs to provide new authorization that they can continue to work and you simply fill out that section three and once again, put it back in their I-9 file. So those are kind of the nuts and bolts and basics of completing an I-9. Definitely look at the instructions for any specifics. And then we’ve had previous videos talking about the length of storing the I-9s and also I-9 audits and how to handle those. So thanks again. We’ll see you next week.


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