The Essential Form I-9 Guide for Employers

What Employers Need to KnowForm I-9 is one of the most well-known employment documents but it can be one of the most intimidating because of the strict guidelines that must be followed to complete it correctly. Use Paycor’s Essential Form I-9 Guide to help your organization understand what’s required.

Purpose of Form I-9Employers must complete Form I-9 to document that each new employee hired after November 6, 1986, is authorized to work in the United States.

Completion RequirementsEmployees must sign a completed Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer. Employers or their authorized representative must sign a completed Section 2 within three business days of the employee’s first day of employment.

Filing RequirementsForm I-9 can be documented through paper or electronically but be aware that no matter how you choose to store your Form I-9, you must be able to present them to government officials for inspection within 3 business days of the date when the forms were requested.

Recordkeeping RequirementsForm I-9 should be retained for as long as the employee is working for you, and for 3 years after the date of hire, or 1 year after termination, whichever is later.

I-9 Recordkeeping Formula – it’s as easy as 1, 2, 3:

Store the employee’s Form I-9 until the later of the two dates

PenaltiesFailing to comply with Form I-9 employment verification requirements could result in fines ranging from $216 to $2,156 per violation.

Immigration and Customs Enforcement is cracking down, so never assume you’re covered: In 2015, an organization was ordered to pay $605,250 in fines as a result of more than 800 Form I-9 violations.

Employee’s start date

Employee’s termination date

1Year

DateB

1

2

3

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Form I-9 ChecklistSection 1

Provide any person hired at your organization with the proper Form I-9 to complete

• Employers must use new updated version of Form I-9 beginning January 22, 2017.

Ensure that each new employee completes Section I of Form I-9 at the time of hire

• Employee may complete Section I of Form I-9 before the time of hire, but no earlier than acceptance of the job offer.

• Employers are responsible for reviewing and ensuring that employees fully and properly complete Section 1.

Section 2Ensure the employee presents you with an original document or documents that show his or her identity and employment authorization within three business days of their date of employment.

• If an employee begins on Monday, the employer must complete Section 2 by Thursday.

Physically examine each original document(s) to determine if it appears to be genuine and relates to the person.

• The individual who examines the documents must be the same person who signs Section 2.

Review the employee’s documents and fully complete Section 2 of Form I-9 within three business days of the hire.

Employers should enter the title, issuing authority, number and expiration date (if any) of the document(s); fill in the date employment begins and sign and date Form I-9.

Retaining Form I-9Employers must retain an employee’s completed Form I-9 for as long as the individual works for the employer.

If employment has been terminated, the employer must determine how long after termination Form I-9 must be retained:

• Three years after the date of hire OR

• One year after the date employment is terminated, whichever is later.

With Paycor’s Onboarding Solution, you don’t need a checklist.Onboarding simplifies Form I-9 with:

Guided Form Completion

Electronic Signature

Online Document Management

Simplified Recordkeeping

This information is not intended to serve as legal advice. We re commend that you consult with an attorney to discuss specific compliance questions that may affect your organization.

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