Providing applications as a service.
The following frequently asked questions are provided as a convenience for informational purposes. Some of the information provided relates to the I-9 service itself while other information has been taken from the Handbook for Employers (M-274 Rev. 11/21/91) published by the U.S. Department of Justice.
Can the security features of the service restrict users to only a group of I-9s?
Yes. A user can be assigned authorization to access all I-9s or only those I-9s designated for a specific location. For example, a user with location access can only enter or view I-9s for that location. A user with super-user access can enter or view I-9s for all locations.
Can we differentiate between authorized administrators so some hiring managers can only generate I-9s and others can have access to all features?
Yes. Different roles can be assigned to users that limit the service features that can be accessed.
Return to TopHow can I avoid discriminating against certain employees while still complying with this law?
You can avoid discriminating against certain employees and still comply with the law by applying the employment eligibility verification procedures of this law to all newly hired employees and by hiring without respect to the national origin or citizenship status of those persons authorized to work in the United States. To request to see identity and employment eligibility documents only from persons of a particular origin, or from persons who appear or sound foreign, is a violation of the employer sactions laws and may also be a violation of Title VII of the Civil Rights Act of 1964. You should not discharge present employee, refuse to hire new employees, or otherwise discriminate on the basis of foreign appearance, accent, language, or name.
I know that the Act prohibits discrimination on the basis of citizenship status against "protected individuals." Who are protected individuals?
Protected individuals include citizens or nationals of the United States, lawful permanent residents, temporary residents, and persons granted refugee or asylee status. The term does not include aliens in one of those classes who fail to make a timely application for naturalization after they become eligible.
Can I be charged with discrimination if I contact the INS about a document presented to me that does not reasonably appear to be genuine and relate to the person presenting it?
No. The anti-discrimination provisions of the Act only apply to the hiring and discharging of individuals. While you are not legally required to inform the INS of such situations, you may do so if you choose to.
Return to TopWhen do I fill out the I-9 if I hire someone for less than 3 business days?
You must complete both Sections 1 and 2 of the I-9 at the time of the hire. This means the I-9 must be fully completed when the person starts work.
What should I do if I rehire a person who previously filled out an I-9?
You do not need to complete a new I-9 if you rehire the person within 3 years of the date that the I-9 was originally completed and the employee is still eligible to work. You should review the previously completed I-9, and if the employee's work authorization has not expired, note the date of rehire in the Updating and Reverification Section on the I-9 (Section 3), and sign in the appropriate space. If the employee's work authorization has expired, you also need to examine a document that reflects that the employee is authorized to work in the U.S., and record the document title, number, and expiration date (if any) in Section 3.
What should I do if I need to update or reverify an I-9 for an employee who filled out an earlier version of the form?
You may line through an outdated information and initial and date any updated information. You may also choose, instead, to complete a new I-9.
Do I need to complete a new I-9 when one of my employees is promoted within my company or transfers to another company office at a different location?
No. You do not need to complete a new I-9 for such promoted or transferred employees.
What do I do when an employee's work authorization expires?
You will need to reverify on the I-9 in order to continue to employ the person. Reverification must occur no later than the date that work authorization expires. The employee must present a document that shows either an extension of the employee's initial employment authorization or new work authorization. You must review this document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number, and expiration date (if any), in the Updating and Reverification Section on the I-9 (Section 3), and sign in the appropriate space. You may want to establish a calendar call-up system for employees whose employment authorization will expire in the future.
NOTE: You cannot refuse to accept a document because it has a future expiration date. You must accept any document (from List A or List C) listed on the I-9 and in Part 8 of this Handbook which on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise could be an unfair immigraion-related employment practice.
Can I avoid reverifying the I-9s by not hiring persons whose employment authorization has an expiration date?
You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job could be an unfair immigration-related employment practice.
As an employer, do I have to fill out all the I-9s myself?
No. You may designate someone to fill out the I-9s for you, such as a personnel officer, foreman, agent, or anyone else acting in your interest. However, you are still liable for any violations of the employer sanctions laws.
Can I contract with someone to complete the I-9s for my business?
Yes. You can contract with another person or business to verify employees' identity and work eligibility and to complete the I-9s for you. However, you are still responsible for the contractor's actions and are liable for any violations of the employer sanctions laws.
As an employer, can I negotiate my responsibility to complete the I-9s in a collective bargaining agreement with a union?
Yes. However, you are still liable for any violations of the employer sanctions laws. If the agreement is for a multi-employer bargaining unit, certain rules apply. The associate must track the employee's hire and termination dates each time the employee is hired or terminated by an employer in the multi-employer association.
What are the requirements for retaining the I-9?
If you are an employer, you must retain the I-9 for 3 years after the date employment begins or 1 year after the date the person's employment is terminated, whichever is later. If you are an agriculture association, agricultural employer, or farm labor contractor, you must retain the I-9 for 3 years after the date employment begins for persons you recruit or refer for a fee.
Will I get any advance notice if an INS, DOL, or OSC officer wishes to inspect my I-9s?
Yes. The officer will give you at least 3 days (72 hours) advance notice before the inspection. If it is more convenient for you, you may waive the 3-day notice. You may also request an extension of time in which to produce the I-9s. The INS, DOL, or OSC office will not need to show you a subpoena or a warrant at the time of the inspection.
NOTE: This does not preclude the INS, the DOL, or the OSC from obtaining warrants based on the probable cause for entry onto the premises of suspected violators without advance notice.
Failure to provide the I-9s for inspection is a violation of the employer sanctions laws and could result in the imposition of civil money penalties.
Do I have to complete an I-9 for Canadians who entered the United States under the Free Trade Agreement?
Yes. You must complete an I-9 for all employees. Canadians must show identity and employment eligibility documents just like all other employees.
If I acquire a business, can I rely on the I-9s completed by the previous owner/employer?
Yes. However, you also accept full responsibility and liability for all I-9s completed by the previous employer relating to individuals who are continuing in their employment.
If I am a recruiter or referrer for a fee, do I have to fill out I-9s on persons whom I recruit or refer?
No, with three exceptions. Agricultural associations, agricultural employers, and farm labor contractors are still required to complete I-9s on all individuals who are recruited or referred for a fee. However, all recruiters and referrers for a fee must still complete I-9s for their own employees hired after November 6, 1986. Also, all recruiters and referrers for a fee are still liable for knowingly recruiting or referring for a fee aliens not authorized to work in the United States.
Can I complete Section 1 of the I-9 for an employee?
Yes. You may help an employee who needs assistance in completing Section 1 of the I-9. However, you must also complete the "Preparer/Translator Certification" block. The employee must still sign the certification block in Section 1.
If I am a business entity (corporation, partnership, etc.), do I have to fill out I-9s on my employees?
Yes, you must complete I-9s for all of your employees, including yourself.
I have heard that some state employment agencies can certify that people they refer are eligible to work. Is that true?
Yes. State employment agencies may elect to provide persons they refer with a certificate of employment eligibility. If one of these agencies refers potential employees to you with a job order or other appropriate referral form, and the agency sends you a certification within 21 business days of the referral, you do not have to check documents or complete an I-9 if you hire that person. However, you must review the certification to ensure that it relates to the person hired and observe the person sign the certification. You must also retain the certification as you would an I-9 and make it available for inspection, if requested. you should check with your state employment agency to see if it provides this service and become familiar with its certification document.
Return to TopWho is responsible if an I-9 is not properly processed?
I-9s are the employer's responsibility.
Is I-9 information transmitted to the government? If so, how often is it transmitted?
The service does not provide I-9 information to the government unless you are using the E-Verify feature to verify a new hire's information with the Social Security Administration and the U.S. Department of Homeland Security. The only other time I-9 information is shared with the government is in the event of an inspection or audit.
Return to TopDo you edit the information so only 'clean' I-9s are completed?
Yes. The built-in edits check the data as it is entered to make sure the I-9 is completed correctly. All edits must be resolved before the user can complete an I-9.
Do you automatically prompt for the proper information from the work eligibility documents presented by the employee?
Yes. The service automatically prompts the user to enter the information necessary for the work eligibility document selected from the list of possible documents.
Do you have an option to indicate that the employee has applied for a SSN that has not yet been issued?
Yes. An employee can be authorized to work in the U.S. without a SSN. The employee must provide the original work eligibility documents that prove citizenship status and work authorization. There are a variety of configuration options for the SSN, but generally the service allows the SSN field to be entered or the user can click a checkbox to indicate that they have applied for their SSN.
NOTE: The SSN is a required field when using the optional E-Verify feature to verify employment eligibility with the Social Security Administration and the Department of Homeland Security.
Do you have logic built into it to detect inaccurate dates for expiration categories based on current immigration law? For example if it is 2005 and 2010 is entered, does the service have logic built in to know this is an inaccuracy?
The edits in the service are designed to prevent users from entering invalid information when completing an I-9. In the example, the service will not allow a hire date to be greater than the current date.
What controls are in place to verify that the data entered is accurate since we are not making copies of the employee's documentation?
The best control is to use the E-Verify feature. This feature is designed to be used with the I-9 process and take the guesswork out of verifying employee documents. In addition to the E-Verify option, the service incorporates edits designed to prevent invalid information from being entered on an I-9. Ultimately, the final control is the employer's representative who is responsible for reviewing the employee's work eligibility documents and signing the I-9 under the penalty of perjury. The employee is also signing under penalty of perjury.
Is there logic to catch errors such as entering today's date in the date of birth field?
Yes. The service incorporates a number of edits designed to prevent invalid information from being entered on an I-9. In the example, most employees should be at least 16 years of age, but the client can set the minimum age when the service is configured.
Do you capture visa type information?
Yes. The service captures citizenship status in Section 1 of the I-9 including alien numbers, I-94 number, and work until dates. The service also provides drop-down list boxes for work eligibility documents for List A, and List B and List C. The service prompts the user to enter the appropriate information for each work eligibility document.
Do you capture EAD cards that are issued as part of optional practical training and if so, how is this captured and reported? When is this reported?
Yes. An Employment Authorization Document (EAD) or Form I-766 is acceptable as a List A document to prove citizenship and authorization to work. The fields captured by the service when the I-9 is completed include the issuing authority, I-766 document number, and the I-766 expiration date.
What if a user mistakenly enters incorrect data on the I-9?
The service includes multiple review steps for both the employer and the employee to review the information on the I-9 and verify that it is correct. If it is determined that the information on an I-9 must be changed, there are two options. First, the I-9 can be reverified by completing Section 3, if appropriate. Second, a new I-9 can be created with the correct information. Both the original I-9 and the new I-9 will be maintained by the service.
Do you have logic to differentiate between a visa stamp and a passport?
Yes. The service prompts the user to select the appropriate work eligibility document from List A or the appropriate documents from List B and List C. The user is limited to selecting one List A document, or one List B plus one List C document. When the user selects a document, the service prompts the user to enter additional information from the document. The employer is responsible for confirming that the data entered on the I-9 matches the data on the employee's documentation.
Return to TopAre your electronic signatures compliant with the law and regulations?
Yes. The electronic signature support used by the service is compliant with the law (108-390) as well as regulations issued by the U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) division. Since late 2004, we have been advising ICE on the content of the regulations. Employers are free to utilize signature pads and biometric devices as well as passwords and I Agree buttons to electronically sign an I-9.
How do you make sure the employee electronically signs the I-9?
Both the employee and the employer sign the I-9 under penalty of perjury and risk federal fines and/or imprisonment for knowingly falsifying an I-9. This type of illegal activity typically results in a termination for cause. We have also added a specific statement to the employer's perjury statement to cover this situation.
NOTES: This issue was resolved as part of the legislative process that resulted in the new electronic I-9 law. Other than using an expert handwriting analysis, which could prove to be inconclusive, or employing electronic surveillance, there is not a definitive way to prove that the employee actually signed the I-9. Another consideration is that ultimately the employer is responsible for all of the information on the I-9.
How does the employer sign the I-9 if the employer does not have an office where the employee is located?
There is an optional service arrangement with UPS to allow employees in locations where the employer does not have a presence to schedule a time at The UPS Store in the area to complete their I-9 and have it faxed and mailed to the employer or the service. The I-9 can be maintained on paper or preferably converted to electronic storage through the optional conversion services.
Return to TopDoes this law apply to my employees if I hired them before November 7, 1986?
No. You are not required to complete I-9s for employees hired before November 7, 1986. However, if you choose to complete I-9s for these employees, you should do so for all your current employees hired before November 7, 1986.
NOTE: The "grandfather" status does not apply to seasonal employees, or to employees who change employers within a multi-employer association.
What if an employee was hired before November 7, 1986, but has taken an approved leave of absence?
You do not need to complete an I-9 for that employee if the employee is continuing in his or her employment and has a reasonable expectation of employment at all times. However, if that employee has quit or been terminated, or is an alien who has been removed form the United States, you will need to complete an I-9 for that employee.
Will I be subject to employer sanctions penalties if an employee I hired before November 7, 1986, is an illegal alien?
No. You will not be subject to employer sanctions penalties for retaining an illegal alien in your workforce if the alien was hired before November 7, 1986. However, the fact that an illegal alien was on your payroll before November 7, 1986, does not give him or her any right to remain in the United States. Unless the alien obtains permission from the INS to remain in the United States, he or she is subject to apprehension and removal.
Return to TopAre upgrades included if the law or I-9 format changes?
Yes. The service is automatically updated for all clients when the legislation changes or a change is made to the I-9 form.
Do you monitor the immigration regulations and acceptable documents and update the service as necessary?
Yes. We monitor immigration law as well as changes to the I-9 form and the list of acceptable documents. When changes are necessary, they are incorporated into the service.
Is there a separate fee for enhancements made to stay compliant with the law?
No. There are no separate fees for compliance updates to the service. This is part of the standard service and is included in your fees.
Can the service be customized for a specific client need?
Yes. We will consider customizations to the service for specific clients. However, our preference is to implement specific customizations in such a way that other clients can also take advantage of them. This approach helps control maintenance and support costs and allows new features to be offered to all clients. Fees for specific customizations are priced separately.
Return to TopWhat advice should I give to my employees applying to legalize their status concerning their Federal income tax obligations?
You can advise employees that when they apply to INS for permanent resident status, they will be given an IRS publication explaining requirements for filing Form W-4 or W-4A to insure correct withholding of tax records (if an invalid social security number was used) and other guidelines relating to tax benefits.
What advice should I give to newly-hired employees who ask about their Federal income tax obligations?
First, you can tell them it is important to have a valid social security number and to properly complete a W-4 or W-4A so that the employer can withhold the proper amount of income tax. Second, you can encourage employes to apply for social security numbers for their dependent children who will be five years old or older by the end of the year. Since 1987, such numbers have been required to be provided for dependents claimed on tax returns.
Return to TopHow many users can be authorized to use the service for one employer?
There is no technical limit on the number of authorized users for the service. However, there may be practical limits based on the client's hiring process or their ability to add/change/delete authorized users in a timely manner. There may also be security and privacy concerns that restrict the number of uses.
Return to TopMay I specify which docments I will accept for verification?
No. The employee can choose which document(s) he or she wants to present from the list of acceptable documents. You must accept any document (from List A) or combination of documents (one from List B and one from List C) listed on the I-9 and found in Part 8 of this Handbook which reasonably appear on their face to be genuine and to relate to the person presenting them. To do otherwise could be an unfair immigration-related employment practice. Individuals who look and/or sound foreign must not be treated differently in the hiring or verification process.
If an employee writes down an Alien Number or Admission Number when completing Section 1 of the I-9, can I ask to see a document with that number?
No. Although it is your responsiblity as an employer to ensure that your employees fully complete Section 1 at the time employment begins, there is no requirement that employees present any document to complete this section.
When you complete Section 2, you may not ask to see a document with the employee's Alien Number of Admission Number or otherwise specify which document(s) an employee may present.
What is my responsibility concerning the authenticity of document(s) presented to me?
You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If the document(s) do not reasonably appear on their face to be genuine or to relate to the person presenting them, you must not accept them.
Why are certain documents listed in both List B and List C?
Three documents can be found in both List B and List C: the U.S. Citizen ID Card and the ID Card for use of Resident Citizen in the U.S. -- acceptable as ID Cards in List B -- and a Native American tribal document. Although these documents are evidence of both identity and employment eligibility, they are not found in List A because List A documents are limited to those designated by Congress in the law. An employee can establish both identity and employment eligibility by presenting one of these documents. You should record the document title, issuing authority, number, and expiration date (if any) for that document in the appropriate spaces for both List B and List C.
Why is a Canadian driver's license acceptable as a List B document and not a Mexican driver's license?
The United States-Canada Free-Trade Agreement and other reciprocal agreements between these 2 countries form the basis for accepting a Canadian driver's license as a List B identity document. No such reciprocal agreements currently exist between the United States and Mexico that would allow or permit the use of a Mexican driver's license as a List B identity document.
May I accept an expired document?
You may accept an expired United States Passport. You may also accept an expired document from List B to establish identity. However, the document must reasonably appear on its face to be genuine and to relate to the person presenting it. You cannot accept any other expired documents.
How can I tell if an INS-issued document has expired?
Some INS-issued documents, such as previous versions of the Alien Registration Receipt Card (I-151 and I-551), do not have expiration dates and are valid indefinitely. However, the 1989 revised version of the Alien Registration Receipt Card (I-551), which is rose-colored with computer readable data on the back, features a 2-year or 10-year expiration date. Other INS issued documents, such as the Temporary Resident Card (I-688) and the Employment Authorization Card (I-688A or I-688) also have expiration dates. These dates can be found either on the face of the document or on a sticker attached to the back of the document.
Some people are presenting me with Social Security Cards that have been laminated. May I accept such cards as evidence of employment eligibility?
You may not accept a laminated Social Security Card as evidence of employment eligibility if the card states on the back "not valid if laminated." Lamination of such cards renders them invalid. Metal or plastic reproductions of Social Security Cards are not acceptable.
Some people are presenting me with printouts from the Social Security Administration with their name, Social Security Number, data of birth, and their parents' names. May I accept such printouts in place of a Social Security Card as evidence of employment eligibility?
No. Only a person's official Social Security Card is acceptable
What should I do if persons present Social Security Cards marked "NOT VALID FOR EMPLOYMENT," but state they are now authorized to work?
You should ask them to provide another document to establish their employment eligibility, since such Social Security Cards do not establish this.
What should I do if one of my employees tells me that his or her Social Security Number is invalid?
You should tell the employee to get a proper Social Security Number by completing Form SS-5. This form is available from the Social Security Administration. You do not need to amend your employment tax returns. However, when the employee gives you the new number, you should file a Form W-2C with the Social Security Administration for the years in which you reported income and withholding under the incorrect number. you will not be penalized or fined for the years during which you reported employees under incorrect numbers.
You should also be aware that any Social Security Number starting with a "9" is not a valid Social Security Number. Employees who are using such numbers should be instructed to get a proper Social Security Number using Form SS-5.
May I accept a photocopy of a document presented by an employee?
No. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.
I noticed on the Form I-9 that under List A there are 2 spaces for document numbers and expiration dates. Does this mean that I have to see 2 List A documents?
No. One of the documents found in List A is an unexpired foreign passport with an attached INS Form I-94. The Form I-9 provides space for you to record the document number and expiration date for both the passport and the INS Form I-94.
When I review an employee's identity and employment eligibility documents, should I make copies of them?
The law does not require you to photocopy documents. However, if you wish to make photocopies, you should do so for all employees, and you should retain each photocopy with the I-9. Photocopies must not be used for any other purpose. Photocopying documents does not relieve you of your obligation to fully complete Section 2 of the I-9 nor is it an acceptable substitute for proper completion of the I-9 in general.
Note 1: Although a Certificate of Naturalizaton (INS Forms N-550 and N-570) provides across the face of the document that it may not be copied, such certificates may be copied in this limited situation.
Note 2:Copies of documents retained by Federal government employers must be kept separately from an employee's official personnel folder.
Return to TopDo you generate reverification reports?
Yes. A reverification report can be run on the Web site that lists all employees requiring a reverification within the employer's notification window. If the notification window is 90 days, the report lists all employees with an expiring work eligibility document within 90 days or less. The notification window can be from 30 to 400 days.
Can the reports be customized?
Yes. The reports are delivered in Comma Separated Value (CSV) format. This format allows the reports to be opened in a spreadsheet such as Microsoft Excel or imported into a local database tool such as Microsoft Access. Using these tools, clients can manipulate the information as necessary to produce customized reports.
Return to TopDo you send automatic reverification notices?
Yes. The service provides automated reverification notices via e-mail. The client specifies how much notice they want for a reverification (notification window) and their notification e-mail address(es). The service sends an e-mail notification when the notification window is reached as well as at the halfway point. For example, if the notification window is 90 days, the service sends an e-mail at 90 days and another one 45 days prior to the expiration date.
Do you maintain history to show the original I-9 and all reverifications?
Yes. The service automatically sends reverification notices via e-mail to the individual(s) identified when the service is configured. When these notifications are sent depends on the reverification window defined when the service is configured. This is typically 90 to 180 days prior to document expiration. The service sends an e-mail when the I-9 enters the window and a second e-mail at the halfway point. For example, if the window is 90 days, the service sends an e-mail at 90 days and at 45 days. On a monthly basis, a reverification report is posted on the service that lists all employees with an outstanding reverification due within the window. All I-9s completed for an employee are retained to show the employee's I-9 history.
Return to TopWhat indexes do you support to search for an I-9?
I-9s can be retrieved by entering the employee's first name, last name, and/or SSN. If used, location is also another index field.
Do you provide document indexing for searching I-9s?
Yes. A user can retrieve an I-9 by entering search criteria including the employee's last name, first name, or SSN. If no criteria are entered, a listing of all I-9s sorted by employee name is returned.
Return to TopDescribe your security and privacy measures.
HR New Hire takes security and privacy very seriously. Information regarding our security and privacy policies can be found by clicking the privacy link at the bottom of the page.
TopDo you validate SSNs?
Yes. The service offers the optional E-Verify employment eligibility feature. E-Verify is part of the SAVE program operated by the U.S. Citizenship and Immigration Services division of the U.S. Department of Homeland Security. E-Verify is designed to be used in conjunction with the I-9 process and one of its main purposes is to take the guesswork out of reviewing employee documentation. One of its many benefits is the elimination of liability for the employer. The feature provides a real-time verification of the new hire's information with the Social Security Administration and the Department of Homeland Security. The SSN is a required field when using the E-Verify feature.
Return to TopDo you provide telephone support?
Yes. Direct comments and questions to our Customer Service & Support team at support@hrnewhire.com.
Return to TopWhat is the average speed of I-9 retrieval?
In most cases, an I-9 should be retrieved within 2-5 seconds.
Do you offer a version of I-9 Verify that can be hosted at the client's site?
No. The application is only available as a hosted service.
Return to TopDo citizens and nationals of the United States need to prove they are eligible to work?
Yes. While citizens and nationals of the United States are automatically eligible for employment, they too must present the required documents and complete an I-9. Citizens of the United States include persons born in Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands. Nationals of the United States include persons born in American Samoa, including Swains Island.
Do I need to complete an I-9 for everyone who applies for a job with my company?
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 beings to work for you.
If someone accepts a job with my company but will not start work for a month, can I complete the I-9 when the employee accepts the job?
Yes. The law requires that you complete the I-9 only when the person actually begins working. However, you may complete the form earlier, as long as you complete the form at the same point in the hiring process for all employees.
I understand that I must complete an I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is "remuneration"?
Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.
Do I need to fill out an I-9 for independent contractors or their employees?
No. For example, if you contract with a construction company to perform renovations on your building, you do not have to complete I-9s for that company's employees. The construction company is responsible for completing the I-9s for its own employees. However, you must not knowingly use contract labor to circumvent the law against hiring unauthorized aliens.
What should I do if the person I hire is unable to provide the required documents within 3 business days of the date employment begins?
If an employee is unable to present the required document or documents within 3 business days of the date employment begins, the employee must produce a receipt showing that he or she has applied for the document. In addition, the employee must present the actual document to you within 90 days of the hire. The employee must have indicated on or before the time employment began, by having checked an appropriate box in Section 1, that he or she is already eligible to be employed in the United States.
NOTE: Employees hired for less than 3 business days must produce the actual document(s) and the I-9 must be fully completed at the time employment begins.
Can I fire an employee who fails to produce the required documents within 3 business days?
Yes. You can terminate an employee who fails to produce the required document or documents, or a receipt for a document, within 3 business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a document, he or she must produce the actual document within 90 days of the date employment begins.
What happens if I properly complete a Form I-9 and INS discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation. You will also have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien, unless the government can show you had actual knowledge of the unauthorized status of the employee, if you have done the following:
Is this available on the Web?
Yes. The service is entirely Web-based.
How is an I-9 processed electronically if the employee does not have Web access?
There are a number of options for completing an I-9 if the employee does not have Web access at home.
Do you allow for the storage of work eligibility documents with the I-9?
The service does allow work eligibility documents to be stored in the I-9 repository and linked to the I-9. HR New Hire recommends against storing work eligibility documents for several reasons.
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