Verbal communication with the employee is sufficient; however, employers may also send an e-mail or a memo to the employee. Copies of all communications sent to employees who are missing I-9s should be kept in the Form I-9 audit file. Organizations should establish a due date for employees to provide documentation. Requiring that the employee bring the items with him or her the next day he or she works is suggested.
If employees have the necessary documentation on hand, the employer should sit down with them and complete the Form I-9 immediately. Employers must view the originals not copies of their documents. Current dates should be used when completing the Form I The date of hire is the employee's actual date of hire, which may have been years earlier. Employers should attach a short memo to the corrected Form I-9 explaining that there was no I-9 on file and that the employee completed the I-9 at the time of the audit.
This will demonstrate that the employer is making a good faith effort to be in compliance. The employee's name can be crossed off the audit list, and the employer can add the completed I-9 to its file of Forms I-9 for current employees. Some employees may not be able to find their documents. Generally, a receipt for a lost, stolen or damaged document may be acceptable for 90 days.
There are also document receipts that may be presented for refugees and lawful permanent residents. If an employee does not provide the required documents within the appropriate time frame, the employer should either terminate his or her employment or place the employee on a leave of absence.
The employee should be informed that he or she may be able to continue work for the organization once he or she provides proof of eligibility to work in the United States, if that is the intention of the organization. This step is the most grueling part of the I-9 auditing process.
A number of items must be properly completed to ensure compliance. Anyone conducting an I-9 audit should keep these resources handy as they answer many questions regarding the proper completion of the Form I Technical errors may be corrected on the existing I-9 form, but substantive errors may require completing a new I Lastly, employers should clearly show a change is a correction; using a differently colored ink and ensuring changes are initialed and dated with the current date will help make this clear.
As employers begin to go through this process, they should separate the I-9s into two files. The first file contains I-9s that have been completed properly; these should be filed away. The second file contains I-9s that have errors. Step 4 discusses how to fix these errors. Employers should start the step by making a list of the I-9 forms that contain errors.
This will become the audit log showing the employer is making a good faith effort to ensure Form I-9 compliance. The log should contain three columns: employee's name, the error s and the actions that were taken to rectify the error. For now, the employer will populate the first two columns of the log: employee name and the error found. According to the Handbook : "The best way to correct Form I-9 is to line through the portions of the form that contain incorrect information, then enter the correct information.
Initial and date your correction. Be sure to sign and date the note. Below is a table that lists common Form I-9 mistakes and tips for correcting those mistakes. In some instances, there may be so many errors that using the original I-9 would be prohibitive. In those instances, the employee should complete and sign a new I-9 using the current date but the correct hire date should be entered in Section 2.
The employer must verify employee's employment eligibility documents in Section 2. The original form should be stapled to the new I Again, the employer should write a memo explaining why there are two I-9 forms and attach it to the I-9s. Although not required, some employers choose to attach copies of the identification documents to the Form I Aside from the E-Verify requirements to retain photocopies, an employer voluntarily choosing to retain photocopies must ensure that photocopies are kept for all employees.
If you participate in E-Verify and the employee presents a document used as part of Photo Matching, currently the U. Other documents may be added to Photo Matching in the future. However, if you wish to make photocopies of documents other than those used in E-Verify, you must do so for all employees. Photocopies must not be used for any other purpose. Photocopying documents does not relieve you of your obligation to fully complete Section 2 of Form I-9, nor is it an acceptable substitute for proper completion of Form I-9 in general.
If the employer's intent has been and will continue to be the practice of photocopying employment authorization and identity documents used for I-9s, and the employer is missing photocopies of some of these documents, the employer should ask employees for copies of those documents now. The employer should attach the copies to the I-9 and write a memo clearly indicating that it performed a Form I-9 audit, that the photocopy of the document was missing and that the employer obtained the copy during the audit process.
The current date should be included, and the memo should be attached to the Form I If the employer's intent in the past was to obtain copies of employment authorization and identity documents, but it is changing this process for the future and not planning to photocopy moving forward, then the employer should write a memo to the Form I-9 audit file explaining that it conducted a Form I-9 audit and found the discrepancy that some I-9s prior to the audit date have photocopies and some do not.
The memo should explain that the company has made a business decision not to keep photocopies of any of the I-9 employment authorization or identity documents in the future. This will show a good faith effort that the employer recognizes the error in having copies of some I-9 authorization documents and not others and explain why there will not be any copies after the audit date. It is not recommended that an employer discard any copies of employment authorization or identity documents from the past until the regular retention period for the Form I-9 has expired or after consulting with the attorney.
Once an employee is terminated from employment, employers are required to retain I-9s for three years after the employee's date of hire, or for one year following his or her date of termination, whichever date is later. Employers should use a process similar to the one outlined in Step 4 to correct any errors they find on I-9s retained for terminated employees. Employers will be unable to correct any errors that require the former employee's input e. All corrections and instances in which the employer was unable to make corrections should be noted on the Form I-9 audit log and on a memo attached to the I As corrections are made and missing I-9s begin to come in, an employer's task will be to organize the I-9s and clearly document the steps it took during the audit.
Employers can refer to the guide on how to retain and file Forms I-9 for additional guidance on how to organize their I-9 files.
Employers may wish to print this procedure to document the process they followed during the audit process. Employers should also retain the Form I-9 audit logs and communications to employees regarding the I-9 audit process. Other receipts that are acceptable with restrictions are the arrival portion of the Form I or IA containing an unexpired Temporary I stamp and photograph, or the departure portion of Form I or IA with an unexpired refugee admission stamp. For details on receipts, see Section 4.
ID cards included in the List B documents often cause confusion. A frequent issue is whether a driver's license is required, or some other form of ID can suffice. A related issue is whether ID cards with expiration dates must be reverified upon expiration.
First, the ID document listed first in List B does not have to be a driver's license - it can be any government-issued ID card, even a parolee's ID card if the date of birth, gender, height, eye color, and address are on it. Second, regarding reverification of expired ID cards, as the note on the top of page 3 of the latest I-9 form specifies, "all documents must be unexpired" when presented for verification.
However, the only expirable documents that require a tickler-based reverification procedure are those that involve work authorization, not identity. Thus, the DHS documents that expire would have to be reverified upon expiration, i. If a document used only for identity purposes expires, that does not require reverification.
See Section 5. Reverification is also never required when the following documents expire: U.
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