All About Form I-9
They are tedious and can be confusing, but these little pieces of paper can cause big problems if you don’t do it right. Also called an Employment Eligibility Verification form, the Form I-9 verifies (1) a new employee’s identity and (2) their right to work in the United States. Mess one up and that single form could cost you anywhere between $281 and $2,789 in fines.
Even though over 90% of churches and organizations we audit have incorrect I-9s, “I didn’t know” is not a viable defense in a government audit. Churches and nonprofits can and are audited and fined for errors made to their I-9s (as well as a host of other labor law errors). But that’s why we’re here. Let’s talk about the VERY specific rules about when to complete an I-9, how to fill the form out, and how to treat the required forms of identification.
The “How To”
When you first pull out an I-9 form, check the date on it to make sure you're not using an expired one. The easiest way we’ve found to ensure you always have the most up-to-date version is to download and print each I-9 directly from the USCIS website. Provide a copy of the list of acceptable supporting documents to the employee in advance of their first day and ask for either one list A item or an item from both lists B and C. Don’t give the employee any suggestions or guidance on what specific documents to bring (i.e., “bring your license and Social Security card,”) as it's considered discriminatory. Check your state's laws to see if you are required to keep copies of the supporting documents and if you can’t view documents in person, check out what to do here.
The “When”
A new employee can complete section 1 of the I-9 as early as the day the offer is accepted but no later than their first day (before any work is performed). The employer completes section 2 of the I-9 within 3 days of that employee’s start date. Pay close attention to the form headings and labels to ensure both you and your employee write information in the correct place (i.e., list “A” information goes in the List A column), date the form with the correct date, and sign. Missing signatures is by far the most common error we find! Remember that every single employee must complete an I-9.
The re-verification section is only used if reverifying something like a renewed work visa, rehiring an employee, or a name change. If you are rehiring an employee within a year, fill out the “rehire” section at the bottom of their original I-9. If you’re rehiring an employee who has been away for more than a year fill out a new I-9.
The “Where”
Once your employee completes their I-9, it should be stored in a separate folder, away from all other employee files—even digitally. All completed I-9s can be stored together in one folder. Keep an employee’s I-9 for at least one year after their termination date or three years after their hire date; whichever is later. Be sure to shred I-9s you don’t need anymore.
If you store all of your employee files in an HRIS or payroll system, we recommend keeping a digital copy of at least each employee’s I-9 in your internal records for easy access and a reliable backup. You should also note that U.S. Citizenship and Immigration Services requires any electronic storage system to include the following:
Controls to ensure the system’s integrity, accuracy, and reliability (i.e., only authorized personnel have access, a backup plan is in place to recover records if lost, etc.)
Controls to prevent/detect unauthorized or accidental changes (i.e., records date of access, who accessed, and actions taken)
An inspection and quality assurance program that regularly evaluates the system and verifies it is working as intended
An indexing system that allows users to identify and retrieve records
The ability to reproduce readable paper copies
When it Goes Wrong
You’ve taken the time to fill out and file your I-9s but then the unimaginable happens: you find an error. Oh, the horror! But the fix is actually easy. If the error is minor, place a single line through the error, enter the correct information, then date and initial the correction. The same goes for missing information. Never use whiteout or marker to hide an error. Attach a note to the I-9 explaining why the change was made. For an I-9 with multiple errors that make it hard to decipher, fill out a new I-9 form and attach the original to it with a memo that details the date and reason for the new form.
If an employee has had a name change, you technically aren’t required to update their I-9 but USCIS does recommend employers maintain correct information on I-9s and note any name changes in Section 3 of the form.
While we know there are infinitely more interesting aspects of HR you’d probably rather focus on, we can’t stress enough the importance of getting these foundational documents right. Tedious and confusing, yes, but not that daunting once you know the rules. Should you ever be selected for an I-9 audit (and we pray you won’t!), you’ll be happy you spent the extra time learning the ins and outs of the Form I-9.
Need help double-checking your I-9s are in order? We have our own I-9 Audit so you are prepared and confident!
Authored by the HRMS Team, a group of dedicated church HR experts who draw from extensive ministry experience to keep your organization compliant and healthy. Schedule a call and find out how we can help you simplify your organization’s HR here.