Introduction
Please note that the features described below are only available to our HR Plus customers. If you would like to learn more about HR Plus, please speak with your Customer Success Manager.
Form I-9 is the Employment Eligibility Verification form administered by the U.S. Citizenship and Immigration Services (USCIS). According to the U.S. Citizenship and Immigration Services (USCIS), the I-9 is “used for verifying the identity and employment authorization of individuals hired for employment in the United States.”
The USCIS also states the “Employers must have a completed Form I-9 on file for each person on their payroll who is required to complete the form. Form I-9 must be retained and stored by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later.”
Why do I need to fill out Form I-9?
The Immigration Reform and Control Act of 1986 (IRCA) mandates that employers verify the employment eligibility of new hires. The new hire must fill out section 1 on or before their first day, and employers must fill out section 2 within 3 business days. Section 3 is filled out by the employer when it is time to re-verify or update the employee’s employment documents. If the Department of Homeland Security (DHS) finds your company not in compliance with the law, they can fine your company.
Does everyone need an I-9? Even interns, founders, consultants/advisors?
The answer to this question for nearly all employees is yes. Unpaid interns or paid interns, 1-day workers, non-Americans authorized to work in the US, and self-employed founders all have to fill out a Form I-9. Independent contractors, however, are not employees, so they do not need to fill out a Form I-9. For more information, see the official IRS page titled Who Is Issued This Document?
For more articles in this subject area, see our article, Intro to W-4s.
If I Use E-Verify, How Can I Turn on E-Verify Settings, and How Will This Help Me?
E-Verify is a system that compares information from an employee's Form I-9 to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.
The platform has an E-Verify feature that asks for the E-Verify number during the I-9 workflow. This E-Verify number will then be stored in the data room along with the I-9 for easy access at any time.
You can turn on the E-Verify feature by following these steps:
- Click on the Gear icon and select Administration Workspace.
- Under HR Settings click on Employee Workflows.
- Click on From I-9.
- Check Company is Enrolled in E-Verify checkbox to Yes.
- Specify the people at your company that are responsible for typing the E-Verify number into by entering their name(s) in the E-Verify Users box.
How do I set up the company I-9 representative(s)?
You can select one or more people at your company to fill out the company portion of I-9s (after the employee has filled their part out). These people will be designated approvers in the platform. If no user is specified as an approver, then the President of the company will be the approver by default. You can learn how to set up approvers here.
Additional Resources
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