I-9 Compliance

We're living in a different world than the one many of us grew up in. Terrorism has reached into the hiring process. In my young HR career, if you walked like a duck and talked like a duck, it was assumed you were a duck and was hired as a duck.. Not so anymore. Our workforce has become internationalized and they don't look or sound like the ducks we're familiar with. Hiring Managers may be wary of hiring someone 'foreign' and take extra care in verifying their employment eligibility under the Immigration Reform and Control Act. This extra precaution can get you in trouble. Discriminatory documentation practices can cost your company hundreds of thousands of dollars in penalties. Avoid inconsistencies in your hiring practices by making I-9 completion uniform for all new hires.

1. Do not ask to verify employees' document until they have been hired, then make sure to verify those documents by the third day of employment. If your new hire cannot come up with the appropriate documents, you are required by law to terminate employment. A receipt may be presented for a replacement document within those first three days of hire but an actual document must be presented within 90 days of the date employment began.
2. Have a list of allowable documents from Form I-9 available to each new hire but allow the employee to choose from the list. Acceptable documents include documents that establish both identity and employment authorization OR Documents that establish identity AND documents that establish employment authorization. Hiring Managers should become familiar with what each document looks like and where to check for document expiration dates.
3. Do not make further inquiries about employment eligibility based on new hire's appearance or accent.
4. Either copy the documents of all individuals or don't copy any at all. Copying documents can help show that you had a reasonable belief that they were acceptable. You are not required to make copies at all, but if you do, make sure you do it consistently across the board for all new employees.

Save yourself some trouble and complete the I-9 correctly the first time. If you're not sure your records are up to date, review your files from time to time to ensure proper documentation including checking the expiration dates on some documents. Send memo's to affected employees and let them know a new I-9 must be completed and emphasize that this is a legal requirement.
File I-9's separately from personnel files. Protected characteristics of national origin and citizenship status will remain more confidential and if USCIS conducts an audit, your files will be readily accessible.
Flex-Staff goes a step further by E-Verifying all new hires. E-Verify is an Internet-based system operated by USCIS in partnership with SSA. E-Verify provides an automated link to federal databases to help employers determine employment eligibility on new hires and the validity of their Social Security numbers. Simply plug in the data from the I-9. It's a free service.
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