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The United States Immigration and Customs Enforcement (ICE) has requested a new form for employers to verify the identity of their employees, called Form I-9. This updated I-9 is due to go into effect February 28th 2019. A copy can be found here: https://www.ice.gov/documentation/i9form/.
The “sample completed i-9 form section 2” is a guide that will help you fill out the I-9 form. The video instructions are also available for those who need them.
Within three days of a new employee’s hiring date, employers must complete an I-9 form, which validates eligibility to work in the United States (the first day of work for pay). The first page is filled out by the employee, and the remainder is verified and filled out by the employer. To accurately complete your I-9 forms, follow the instructions section by section or use the video below as a reference.
During your new hire’s onboarding, start by downloading the most recent I-9 form, which is free and accessible in both English and Spanish. You have the option of using the fillable PDF or printing and handing out paper copies to your new employees.
Form I-9 may be downloaded.
Information on Employees and Attestation (Section 1)
The employee must complete Section 1 of the I-9 form in its entirety. If any of the fields aren’t applicable (for example, if your employee doesn’t have an email address), they may type “N/A” in the appropriate field.
Information on Employees
The first section of Section 1 is devoted to providing information on the employee. Allow the employee to enter their information.
- Name
- Address
- Year of birth
- Number assigned by the Social Security Administration
- Number to call
- Contact information through email (if applicable)
Information on Employees box
Some employees have non-standard names such as hyphenated last names or no middle initial. Other employees may not have received their Number assigned by the Social Security Administration yet. There are instructions provided in the Handbook for Employers for these unique situations.
Attestation
The employee attests (under penalty of perjury) that he or she is qualified to work in the United States under the second portion of Section 1. The employee should mark the following boxes:
- I am I am a citizen of the United States of America. of America.
- a U.S. national who is not a citizen
- a legal permanent occupant
- An extraterrestrial who has been given permission to work.
Data on employee attestation
After that, the employee should sign and date the form as directed.
Certification as a preparer and/or translator
If a preparer/translator was utilized, the employee must mention so. Check the appropriate box with the employee:
- I didn’t hire a writer or a translator.
- Section 1 was completed with the help of a preparer or translator.
If a translator was utilized, that person (who might be you, another employee, or a family member of the employee) must fill out and sign the part where it is mentioned.
The translator or preparer will sign their name and fill their address information.
Look for the I-9 and other employment forms on your payroll provider’s website if you’re using one. Employees may get I-9 forms through email from software like Gusto, which includes instructions on how to complete the form as well as facilities to sign and submit the forms online.
Section 2: Review and Verification by the Employer or Authorized Representative
This area is completed by the employer. The authorized representative in a small firm might be your administrative assistant or accounting/payroll manager. Begin by copying the employee’s name and pasting it into the first box in Section 1 that says Employee Info.
Information on Employees from Section 1
Put the number that corresponds to their employment status in the Citizenship/Immigration Status field, as shown in Section 1:
- I am I am a citizen of the United States of America. of America.
- a U.S. national who is not a citizen
- a legal permanent occupant
- An extraterrestrial who has been given permission to work.
For example, if the employee is I am I am a citizen of the United States of America. of America., you would input No. 1 in the Citizenship/Immigration Status box.
Authorization for employment and identification
Have the employee bring in one or two pieces of identification to complete this section of the I-9 form (must be examined in person). Our I-9 form page contains examples of acceptable paperwork.
Don’t instruct the employee which papers to bring to avoid prejudice in the workplace. Provide them with the instructions and ask them to provide evidence in the form of an I-9 to show their legal eligibility to work in the United States.
Using the document(s) provided by the employee, the employer representative will complete the Authorization for employment and identification sections (List A or Lists B and C). Fill in the following fields:
- Title of the Document (i.e., US Passport)
- Authorization Authority
- Number of the Document
- Date of Expiration
Authorization for employment and identification sections
When an individual submits identification that meets List A’s requirements, the form may be completed with only that one document, which serves to both identify the person and confirm their right to work in the United States. Some examples are:
- A valid passport from the United States is required.
- Card for permanent residence
- a letter of authorisation to work
- a passport from another country
If the employee fails to submit paperwork from List A, they must present two pieces of identification from List B (identity) and List C (documentation) (employment authorization). A driver’s license (as identification) and a Social Security card are the most prevalent forms of identity presented by US workers (as work authorization).
You must accept any of the documentation indicated on the I-9 instructions that may be used to verify a person’s identification or work authorization as an employer. The following are some of them:
Once you’ve seen the original documents yourself (or had your representative verify them), and you’ve noted the document title, Authorization Authority, Number of the Document, and Date of Expiration on the I-9 form, hand the documents back to the employee. There’s no need for you to keep photocopies.
You have two alternatives if the employee is unable to submit the requisite documentation from list A, or from lists B and C together.
- If the employee does not have their paperwork yet, a receipt indicating that they have applied for it would suffice. Once the papers are received, you must return to complete Section 3 of the form.
- You have the option of rescinding the job offer and terminating their employment. Show them the paragraph at the top of Section 2 that says, “Employers must sign and complete Section 2 within three business days of the employee’s first day of work.” Make this expectation obvious from the start.
Accepting the paperwork given as long as it looks to be legitimate and relevant to the employee is best practice. If the document isn’t an original or the name or picture has been changed, you may ask the employee to provide you an original document that hasn’t been tampered with.
Authorized Signature and Start Date
You’ll input the employee’s start date once you’ve finished List A or Lists B and C. This is the start date of the new employee’s employment with your organization. The paper will then be signed by the employer or an authorized representative. Include the following in your list:
- Employer’s or authorized representative’s title
- Employer’s or authorized representative’s last name
- Employer’s or authorized representative’s first name
- Name of the company or organization
- Address of a company or organization
Sign after entering the employee’s start date.
Section 3: Rehires and Reverification
Section 3 is only used to evaluate papers that were requested but not yet received at the time of employment, or to reverify documents when an employee is rehired. When the employee brings the paper in, you (or your representative) will sign that you have reviewed/verified it, similar to Section 2. You don’t need to fill out a new form; just add the following to your current I-9:
- Part A: Fill in the employee’s name if it differs from the name listed in Section 1 of the form (i.e., marriage and divorce with name change).
- Fill in the new hire date in Part B.
- Part C: Used to establish new (or previously expired) documentation different from that in Section 2 of the I-9 form. Enter the document title, number, and Date of Expiration.
Simply sign and date the bottom of Section 3 when you’ve completed your inputs.
Input the date of rehire or paperwork verification.
An I-9 is only required when you hire someone who will be paid and get a W-2 at the end of the year. If you’re recruiting a contract employee who will be paid via your accounting system and get a 1099-MISC at the end of the year, you won’t require an I-9 form. An independent contractor agreement is all that is required of contractors.
Verify the I-9 Form Is Completed Correctly & File
Make sure all necessary fields are filled out (or marked “unknown” or “N/A,” if needed), signature fields are filled out, and dates are entered in the right format of mm/dd/yyyy (for example: 07/03/2022).
The E-Verify system is another alternative for confirming job eligibility. E-Verify is a federal website that enables you to check whether the information on an employee’s I-9 form is accurate. While most employers are obliged to complete an I-9 form, they are not forced to use E-Verify. It may, however, provide you with piece of mind if you want to confirm that your personnel are legally permitted to work in the United States.
Where Should I-9 Forms Be Filed?
Create an electronic or paper file folder named I-9s and save the papers by year after they’ve been signed and confirmed. Because of the personal information on signed I-9 forms, it is not a good idea to keep them in workers’ personnel files. To demonstrate that you have completed the I-9 form and have it on file, keep a checklist in each employee’s personnel file. It’s worth noting that the I-9 does not need to be transmitted to an approving entity; instead, it should be retained on file inside your company.
When Should I-9 Forms Be Deleted?
I-9 forms must be retained for three years after they are completed and signed. After three years, delete (shred) I-9 paperwork as a best practice. After one year, an employee’s I-9 form may be destroyed if they are fired. Fines (up to $10,000) may be imposed if your records are audited, although records aren’t normally charged against a company unless there is a pattern of infractions.
Conclusion
Employer-mandated I-9 verification must be completed within three days of your new hire’s start date. For each new hiring, you must complete parts 1, 2, and 3 and check paperwork in person. Although the I-9 does not need to be forwarded to anybody, it should be kept separate from the new hire’s personnel file.
The “Who can be an authorized representative for section 2 of the form i-9” is a question that many businesses get asked. To answer this question, you will need to look at the I-9 Form. The form has 3 sections in it: 1) Who can be an authorized representative for Section 1? 2) Who can be an authorized representative for Section 3? and 3) Who can be an authorized representative for Section 4? Reference: who can be an authorized representative for section 2 of the form i-9.
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