Quick Answer: What Does Employer Do With I9?

How long should i9 be kept?

three yearsFederal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later..

Can an employer fill out your i9?

Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). … If the job lasts less than 3 days, you must complete Section 2 no later than the first day of work for pay.

What happens if I 9 is not completed in 3 days?

If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.

What triggers an I 9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and “silent raids” by ICE.

Who can verify an i9?

The Form I-9 Authorized Representative The employer may authorize anyone (except the new hire himself) to review the I-9 form and identification documents; describe the documents on the form; and complete the Section 2 Certification.

What is the penalty for not having i 9?

Penalties for substantive violations, which includes failing to produce a Form I-9, range from $230 to $2,292 per violation.

Do employees have to fill out a new i9 every year?

A: Employers must retain I-9 forms for at least three years, or for one year following the employee’s separation from the company, whichever is later. It is a best practice to store all I-9 forms together in one file since they must be produced promptly following an official government request.

What are the fines for I 9 violations?

The minimum fine per individual for paperwork or technical violations increased from $230 to $234, while the maximum fine increased from $2,292 to $2,332. Fines for knowingly hiring or continuing to employ unauthorized workers went up as well. The range for a first offense went from $573-$4,586 to $583-$4,667.

How often do i9 need to be updated?

Employees rehired three years after you originally completed their Form I-9 must complete a new Form I-9.

Do employers need to keep original i9?

Employers must retain original I-9 forms for three years after the date of hire, or one year after the date employment ends, whichever is later. The forms should be stored separately from other personnel files.

What if an employee never completed an i9?

Failure to comply with I-9 verification and document retention requirements could result in a penalty. The minimum penalty for a first offense is $110; the maximum penalty is $1,100. Penalties are assessed based on several factors, including: The size of the employer.

Can you work without i9?

Technically, yes, an employee can work in the U.S. without an Employment Eligibility Verification Form, known as Form I-9. … Even if an employee, or a potential employee, has a copy of her Form I-9 from previous employment, that’s not acceptable proof of eligibility to work.

Can you get paid without i9?

Yes. An incomplete I-9 form does not affect an employer’s ability or obligation to pay an employee. … The Fair Labor Standards Act (FLSA) requires employers to pay an employee who performs work, even if the employee is found to be unauthorized to work in the U.S. or quits employment prior to completing the I-9 form.

Is i 9 required by law?

You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States, except for: Individuals hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times. (Some limitations to this exception apply.)