Through employment eligibility verification forms, you can ensure your company is legally compliant and make accurate hiring decisions. While every business is required to complete Form I-9 for each worker, how it is used and turned in can vary. Some states have restrictions on using E-Verify, so it’s important to work with a professional HR company to determine the best way to fulfill your company’s legal obligations.

What Is Employment Eligibility Verification? 

Employment eligibility verification is the process where you determine if an employee is eligible to be hired in the United States. This is done by filling out an I-9 form. While this form is free to fill out, it is important to make sure you have completed it correctly. If a single line is forgotten or incorrect, it can lead to stiff penalties. Intentional errors or a track record of hiring unauthorized workers can lead to more significant penalties.

Form I-9 was first created through the Immigration Reform and Control Act of 1986 (IRCA). From November 6, 1986 onward, all employees had to fill out an I-9 form when they were hired. If this form is not fully filled out within the first three days of the worker’s employment, the employer can end up getting penalized.

Who Must File Form I-9?

All business owners who hire workers in the United States must fill out Form I-9 for each employee. Before the employee can even start work, they must complete section 1. Then, the employer must finish the second section before the worker’s third day of employment. 

Before filling out the form, it’s important to make sure you have the most recent version of Form I-9 on hand. There have been multiple versions released since 1986, and only the most recent version is valid for your new hires. The 2023 edition comes with an expiration date of May 31, 2027, and July 31, 2026. Both 2023 versions are acceptable forms as long as they haven’t expired yet. However, it’s better to gradually transition to the 2023 edition that has the 2027 expiration date sooner rather than later.

How Often Do You Need To Complete a Form I-9? 

In general, you only need to complete a single Form I-9 for each hire. However, you’ll need to fill out a new I-9 if the employee’s work authorization ends. Additionally, you may need a new I-9 completed if the employee left your company and was re-hired at least three years later.

How Long Does Employment Eligibility Verification Take?

Often, businesses have a human resource information system (HRIS) that helps them fill out and record compliance documents. Once you or the HRIS provider submits an employee’s I-9, the verification process can take as little as a few seconds to wrap up. In the majority of cases, employment eligibility verification takes just a business day to complete.

What Is E-Verify?

While its usage is limited in many states, E-Verify is used in many areas to verify an individual’s employment eligibility. Managed by a partnership between the U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), E-Verify is a way to digitally verify that someone is legally authorized to work in the United States. 

E-Verify doesn’t take the place of the I-9 form. You still must complete Form I-9. However, if your state allows it, you can use the E-Verify system to digitally verify the worker’s employment authorization for free.

How To File Form I-9: What To Watch Out For

As an employer, you are legally obligated to fill out Form I-9. However, there are many pitfalls to watch out for along the way. The following are just a few of the issues you should watch out for.

• Don’t Keep I-9s Forever: After someone leaves your employ, you must keep their I-9 on hand until three years after they were hired or one year after they were laid off, whichever date takes place later. 
• Store I-9s With Care: Ideally, you should store I-9s in a separate location so that they are easy to access and separate from other documents. You have 72 hours to produce your records if audited, so it’s important to keep your paperwork in a safe, accessible location.
• Avoid Specifying the Types of ID: You are not allowed to tell employees exactly which type of identification to bring. Instead, you should simply give them the list of acceptable identification types and let them choose which ones to bring in.
• Check for Authenticity: As the manager, your job is simply to make sure the identification seems to be authentic. You are not expected to be an expert on what a fake passport looks like, although you are expected to inspect it. 
• Pay Attention to the Date Format: If you’re audited, the auditor will look closely for tiny mistakes in all of your I-9s. The date must be formatted as MM/DD/YYYY, or you could face a penalty. 
• Fill Out Every Blank: Sometimes, people forget a date or signature when they’re filling out their I-9. Unfortunately, accidental mistakes can be penalized, so make sure your workers are filling out every line.
• Never Use White-Out: To fix an error, cross it out and write the correction in the margin. Then, initial and date it. You should never make corrections in white-out because this can lead to penalties.
• Don’t Stamp the Form: You should never stamp or seal Form I-9. This could end up obscuring some of the form, and it renders it invalid.

The Importance of Completing Your I-9s Correctly 

With the prospect of additional I-9 raids in the coming years, employers need to make sure they are prepared for any possibility. Each error on an I-9 carries a penalty, so it’s essential to make sure your I-9s are compliant. When employee eligibility verification isn’t carried out correctly, companies can face some of the following penalties.

• Uncorrected Technical Violations: $288 to $2,861
• Document Fraud (First Offense): $590 to $4,730
• Document Fraud (Subsequent Offenses): $4,730 to $11,823
• Knowingly Employing a Unauthorized Worker (First Offense): $716 to $5,724
• Knowingly Employing a Unauthorized Worker (Second Offense): $5,724 to $14,308
• Knowingly Employing a Unauthorized Worker (Subsequent Offenses): $8,585 to $28,619

 

It’s also important to note that the fines for knowingly employing an unauthorized employee cover any instances where you should have known. If you reasonably should have realized that the worker was unauthorized and hired them anyway, the penalties are just as high.

Additionally, many states have specific requirements in regard to E-Verify. Some states, like Florida and North Carolina, require all or most employers to use E-Verify. In comparison, Texas requires public employers to use E-Verify but not private employers.

However, California and Illinois are unique because they have restrictions in place about how E-Verify is used. For instance, California doesn’t allow employers to perform an E-Verify check until after an offer of employment has been made. Because state-by-state laws can be tricky to navigate, it’s always a good idea to consult with an employment lawyer or HR professional during the hiring and onboarding process.

Take Employee Eligibility Verification a Step Further

As a small business owner, you already have enough on your plate. Rather than worry about navigating I-9 compliance on your own, you can let a professional HR company handle compliance for you. With the right help, you can take your employee eligibility verification a step further and perform employee background checks. From educational histories to Form I-9s, the right HR services ensure you’re hiring the best workers possible to fill open positions. 

To learn more about employee eligibility verification, reach out to our team of small business payroll and HR experts today.