What are some steps and procedures my company can implement to ensure I-9 compliance?
In this video, Attorney Michael Murray discusses some concrete steps you can take toward ensuring your business is I-9 compliant, including one common mistake even the most diligent businesses might make. Download our complimentary, 13-page guide “How to Plan for an I-9 Compliance Audit” , or contact our attorneys for more information about I-9 compliance, or other business immigration concerns.
Read Full Video Transcript:
I-9 compliance can be complicated. So, you really have to develop a full blown program at your company, and that means training the I-9 preparers in the rules and regulations surrounding the I-9, making sure that there are procedures in place on the day of hire to make sure that the I-9 function is being taken care of in the right amount of time.
A couple things to watch out for in terms of the rules and standards. The deadlines are these: You have to make sure that you complete part one, section one of the I-9, which is the section that the employee completes, on the first day of employment. That’s not the date of hire, but the actual first day that the employee starts doing work at your company.
A lot of people have the misconception that you can start the process within three days of the start date. But it’s actually the first day that it’s gotta start, and that’s completing section one. Section three can then be completed within three days of the start date. That’s the part where the employer fills out section one and actually reviews the employment verification documents. Keep in mind that those documents have to be reviewed in person. The I-9 can’t be a purely remote process where you’re looking at faxed-in documents or scanned-in documents. You do have to look at the originals and put your eyes on them as the company. So, keep that in mind.
And then finally, one thing that trips up companies a lot in the I-9 process is not using the current form of the I-9. For whatever reason, the government likes to change up the official form every couple years. So, you have to be on guard for that. One practice that I see getting companies in trouble is printing out the current I-9 and then putting into a stack of orientation day packets, and just pulling those out as needed. If you do that, those can get old and stale. A new form can come out, and those old forms are not changed out, so the way to make sure that you always have the current version is to go to uscis.gov. Search for the I-9 form, and just print off the current one on a regular basis, or even every time you fill out an I-9. That way, you’ll make sure you’re in compliance and protected.