Here are some common questions when completing Form I-9:
Is there a filing fee for Form I-9?
No.
Do employers file Form I-9 with a government agency?
No. Employers do not file Form I-9 with any government agency. Instead, employers must keep their Form I-9s and make them available in the event an authorized U.S. government official requests them.
What U.S. government officials may request Form I-9?
Pursuant to the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), authorized U.S. government officials with the Department of Homeland Security, Department of Labor, and Office of Special Counsel for Immigration-Related Unfair Employment Practices may request Form I-9 from an employer.
Can employers specify which document(s) they will accept from an employee in filing out Form I-9?
No. Employers may not specify which document(s) an employee may provide. Rather, the employee may choose the document(s) he or she wants to provide to the employer.
May an individual begin employment with an employer prior to filing out Form I-9?
No. An individual must first complete Form I-9 prior to beginning employment with an employer.
May an employer electronically verify employment eligibility of newly hired employees?
Yes. Go to the United States Citizenship and Immigration Services E-Verify link at:
www.uscis.gov
Can employers accept expired documents to verify employment authorization?
No. Employers cannot accept expired documents to verify employment authorization, e.g. expired passports. However, employers may accept a document containing no expiration date, such as a Social Security card.
How long must an employer retain an employee’s Form I-9?
Employers must retain completed Form I-9s for three (3) years after the date of hire or one (1) year after the date employment ends, whichever is later.
Next, we’ll wrap up this article with a few points to keep in mind.