Q. "What's the latest on I-9s and how does it affect my organization?"
Answer:
What is an I-9?
Also called an Employment Eligibility Verification form, the I-9 verifies (1) a new employee’s identity and (2) their right to work in the U.S.
What is the big deal about I-9s?
There are VERY specific rules about when and how it is completed and how you treat the IDs
In 2023, it could cost your organization up to $2,507 for technical errors (Note: backdating is not a technical error, but a willful error).
Over 90% of churches and organizations we audit have incorrect I-9s.
But does the government REALLY audit this in churches?
YES! We know many churches audited and fined for incorrect I-9s as well as a host of other labor law errors. Churches are in no way exempt and “I didn’t know” is not a viable defense for errors.
How do I do I right?
First, check the date to make sure you're not using an expired form. There are updates pending and per USCIS, a new edition of the form will be published soon. In the meantime, use the 10/21/19 edition despite the expiration date.
Provide a copy of the list of acceptable supporting documents to the employee and ask for either one list A item or an item from both lists B and C. It's considered discriminatory to tell employees to "bring your license and SS card." Check your specific state's laws to see if you are required to keep copies of the supporting documents.
The employee completes section 1 of the I-9 on (or before) their first day, before any work is performed. The employer completes section 2 of the I-9 within 3 days of start date. The re-verification section is only used if reverifying something like a renewed work visa, rehiring an employee, or a name change.
Put information in the correct place: list A information (usually a passport) goes in the List A column, etc.
Be sure all areas are dated correctly.
Make sure both employer and employee sign. (This is by far the biggest error we find!)
All I-9s should be stored in a separate folder, away from Employee Files. All I-9s may be stored together.
Keep the I-9 for at least one year after termination or three years after the hire date (whichever is later) before shredding. If you keep documents digitally, just store in an "Inactive" folder.