The United States Citizenship and Immigration Services or USCIS is the legal body of the United States. The same legal body has sanctioned this form as the employment eligibility verification form. With this form I-9 compliance authorized by USCIS, it can be verified that the authorization of individuals hired for employment in the United States.
What is Form I-9?
The Form I-9 should be made between the employer and the candidate who is been hired. The legal authority of USCIS has made the Form I-9 compliance very necessary for hiring. With this Form I-9 compliance, it can be verified that the employer is eligible for appointing an employee.
Form I-9 compliance can be done by both the permanent employer of an American company or a candidate with the wish to become an employee.
How to fill Form I-9?
It should be noted by the employer that the Form I-9 compliance between them and the candidate is a very important document that should be preserved.
Now, when it comes to filling out the form it is to be noted that both the employee and the employer need to fill the same form.
Let us see which part should be filled by an employer and which by an employee. There are three sections in the Form I-9.
The first section should be filled by the employee on their very first day along with the documents required.
The second section is about the confirmation about the verification of the documents submitted by the employee and should be filled by an employer.
The last and the third section needs to be filled when the Form I-9 compliance period is over. In other words, it can be stated that the last section an employer only fills when the working days of an employee are over.
So, the whole Form I-9 compliance between the employee and the employer is reflected in the filling of the form only.
Documents required for the Form I-9
The Form I-9 cannot be submitted without a bunch of documents that are necessary to be submitted by the employee.
There are three lists provided by the legal authority of USCIS about the documents that are important to submit to process the Form I-9.
The first list is List A under which the documents that an employee should submit for the Form I-9 compliance. With the help of the documents in List A, it will become easy to authorize the identity and the employment status.
These documents required for Form I-9:
- Form I-551
- US passport
- Unexpired foreign passport
- Form I-94
The second list B includes the list of documents that can help in verifying the identity of the candidate. The set of documents mentioned in list B needs to be examined by the employer as the details about it are to be filled in the second section of the Form I-9.
The documents mentioned in List B are also substitutes for the documents mentioned in the List A documents for Form I-9 compliance. Documents under List B are:
- ID card from an organization
- Driver’s license
- Voter ID card
So, any ID proof which can be used to identify the candidate can be used under List B to complete the Form I-9.
The third list is List C, which is the last list of documents for employment eligibility verification. Any of the documents can be mentioned with the other list of documents for the completion of Form I-9.
The documents in the last list C includes:
- Form I-179
- Form I-197
- Social security card sanctioned by the US
- Any document related to the community of the US
- Birth certificate
- Forms DS-1350
All the documents mentioned above are important for maintaining Form I-9. If the employer or the employee so not maintain the Form I-9 compliance, they can face penalties and serious issues.
Issues for the incomplete I-9 compliance
The issues regarding the Form I-9 compliance can be checked and mentioned by the legal authorities of the United States. The legal authorities which have the power are the social security department and the Homeland security department.
Both the legal department can issue tentative non-compliance separately under their own set of reasons. Form I-9 compliance will catch the attention of both departments especially when the information doesn’t match.
A financial issue can be raised if the I-90 is not done properly. With the help of e-verification formulas, the Form I-9 can be checked and defaults can be sorted and listed.
An e-verify system can also help the authorities to sanction further action notice or FAN for the employee. The issues aroused because of the incomplete Form I-9 also requires the contribution of both employer and employees.
The first action needs to be taken by the employer to correct the mismatches and the errors mentioned by the legal authority. To maintain the Form I-9 compliance it is the responsibility of both employer and employee.
How to avoid Form I-9 issues?
The fastest and smartest way to handle Form I-9 compliance is by using the digital platform for E-verify. The whole set of steps available on the e-verify platforms can help in avoiding the issues regarding the Form I-9.
One of the other ways also includes the collection of the Form I-9.
The responsible individual in the company should collect and store the Form I-9 carefully. A company can also have more than one individual looking forward to the conservation and protection of the Form I-9.
If not, then an audit manager can help avoid the issues regarding the Form I-9 compliance. Checking and making the form filled correctly by the employer and the employee.
The responsibility given to the audits or the employers to check the Form I-9 can help in avoiding lots of issues. Digital platforms have helped in decreasing the man labor for a particular job, so e-verify platforms can be used for checking and auditing.
Issues mostly occur due to the incomplete form of misinformation shared by the employer or the employee. The issues can be avoided with smart filling and correct information.