Employers, after hiring a new employee and placing them on their payroll are required, within 3 business days of the start date, to complete the I-9 Form.
The current I-9 Form expired on August 31, 2012. However on August 13, 2012, the US Citizenship and Immigration Services released a bulletin regarding the expiration date of Form I-9. The bulletin stated: "Until further notice, employers should continue using the Form I-9 currently available [...]. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new versions of the Form I-9 as it becomes available.
Form I-9 is one of the most important new hire forms that an employer must complete and keep on file after hiring a new employee. Prior to running any payroll for a new employee, an employer should verify that all the new hire paperwork is fully completed and in order. This includes the I-9. failure to have I-9s properly filed out and on files can result in fines and in some cases lead to criminal prosectuion.
By law, it is the employers responsibility to:
- Verify the identity and eligibility of employment in the US for each worker hired.
- Maintain a file for all I-9s which can be provided to investigators upon request.
Employers who violate the law may be subject to civil fines and criminal penalties as outlined in the tables below. In addition if you have government contracts, or intend to compete for government contracts, I-9 violations can cause debarment from government contracts.
The I-9 only takes a few minutes to fill out while the consequences of not filling out and having I-9s on file is severe...why run the risk.
To help organize your employee files, check your compliance and assist you with your hiring and new employee orientation process we have put togther the I-9 form check list.
Last month, North Carolina joined a growing list of states that require or will eventually require employers to use the Federal E-Verify system to check an employees Social Security number at the time of hire.
The NC law passed the legislation on June 18, 2011 and was signed into law by Governor Perdue on June 23, 2011.
What is E-Verify
The program is administered by the Department of Homeland Security in partnership with the Social Security Administration, and was set-up as a voluntary program for employers. The E-Verify system allows employers, via access to an on-line system, to verify that a worker is authorized to work in the United States.
Phase-In for New NC Law
The law will be phased in over the next three years. Currently state agencies and universities are using the E-verify system. Listed below are the phase in dates for other NC businesses and public employers to use the E-Verify System.
- October 1, 2011 - Municipal and county workers.
- October 1, 2012 - Employers with more than 500 employees
- January 1, 2013 - Employers with more than 100 employees but less than 500 employees
- July 1, 2013 - Employers with more than 25 employees but less than 100 employees.
E-Verify Requirement Spreading Throughout Country
In spring of this year, the US Supreme Court upheld Arizona's 2007 employment verification law requiring businesses to use the federal E-Verify System. This ruling paved the way for other states to move forward with their E-Verify laws.
In addition, a bill, put forth by Committee Chairman Lamar Smith (R-Texas), to make E-Verify mandatory for all employers throughout the US is currently being considered for approval by the US House Judicial Committee. If approved by the House Judicial Committee the bill would move to floor of the US House of Representatives for consideration and launch a national debate on the matter.
While this is considered and debated at the federal level, states are moving ahead with their E-Verify laws. Just this year alone nine additional states have already passed new laws that will phase-in some type of E-Verify requirements for employers.
Human Resouces Compliance Critical for Businesses
As additional requirements, such as this, are implemented, It will be important for the Human Resources (HR) departments of companies to maintain good accurate record keeping. Failure to comply with requirements such as a states E-Verify requirements or the federal I9 requirement, will result in fines and could lead to criminal charges.
The E-Verify and I9 requirement are two ways for employers to protect themselves from hiring and placing undocumented workers on their payroll. Good record keeping and documentation showing compliance will eliminate unnecesaary problems for you as an employer.
To assist you we have compiled a Guide to E Verify. In the guide we include all the states that currently require or will be phasing in E verify requirements. Just click the button below to obtain your free E Verify Guide.
When hiring new employees, the I9 is one of the most important forms that an employer must make sure is completed correctly and kept on file. Prior to running any payroll for a new employee, 
an employer should verify that all the paperwork is in order including the I9. Failure to have I9s properly filled out and on file can result in fines and could lead to criminal violations.
By law it is the employers responsibility to:
- Verify the identity and eligibility of employment in the US for each worker hired.
- Maintain a file for all I9s which can be provided to investigators upon request.
There are a couple of very important requirements that employers have to comply with as part of their recruiting and hiring process:
- Employers cannot discriminate against any individual authorized to work in the United States because of their national origin or citizenship status. This includes discrimination during the recruiting, hiring or discharging of an employee.
- Employers cannot specifiy which documents they will or will not accept. The List of Acceptable Documents is spelled out on the last page of the I9. An employer that refuses a document because of a future expiration date, may open themselves up to charges of illegal discrimination.
It is not just the employer that has an obligation and legal requirement regarding the I9. Employees must also be truthful when filling out the I9. The employee fills out and signs the first section of the I9 attesting to the truthfulness of the information stated on the form and documents they provide. An employee that lies or provides false documents on the I9 can be subject to fines or imprisonment.
In part 2 of our blog post we will review the fines and penalties an employer is subject to for failure to comply with the I9 requirements.
Learn more about the forms required for your new hires and stay organized with our New Hires Form Checklist.