5 Steps for New Hire I-9’s
5 Steps for New Hire I-9’s – Every startup owner learns about each facet of conducting business as their company grows. Acquiring knowledge on everything from Creating Products to Targeting your Market is part of the process of growth. The Human Resources role is one of those facets that startup owners develop once they begin to expand and hire new employees. These 5 Steps for New Hire I-9 Forms will help in your journey of learning and scaling your company. All US Employers are required by law to retain I-9 forms for their employees. This article covers the Steps to take for New Hire I-9 forms including Documentation, The Three Day Requirement, E-Verify, Filing and Retention. Here is the USCIS I-9 Forms from Forms Library
Form I-9 – helps employers to verify employee’s identity and their authorization to work in the US. Note that USCIS instructs employers to continue using the I-9 Form Version with the 3/31/16 expiration date until further notice. When a new form is released, we will update it here on startup raw and email the update to our subscribers. The Spanish version can only be used in Puerto Rico. The Spanish version can be used as a reference, but employers in US states must complete the English version for verification.
E-Verify – the internet-based system used to confirm whether an employee is either eligible or not eligible to work in the US. When the employee’s I-9 information is run through the E-Verify system, employers can verify if the new hire is legally allowed to work in the US.
US Immigration and Customs Enforcement (ICE) the largest investigative arm of the Department of Homeland Security, is responsible for identifying and shutting down vulnerabilities in the nation’s border, economic, transportation and infrastructure security. ICE regulates the I-9 Form through Audits
It is quite simple to implement these 5 steps in 5 Steps for New Hire I-9’s.
- Email in Advance: The I-9 form must be completed by the employee within 3 days of hire. This includes providing their documents (list of options on page 9 of the I-9 Form) to the employer. It is important to note that employers cannot tell the new hire what documents to bring on their first day of hire. Tip: Email the blank I-9 Form in advance so that the new hire is aware of document options and legal requirements.
- 3 Days: The 3 day requirement can be tricky for some companies whose employees begin physically working on different shifts, hitches or schedules other than the first day they report to the employer. The employer is required by law to pay the new hire for any orientation time to complete new hire paperwork, which should be on their first day of hire. The day that employee is required to start is very important to the I-9 and E-Verify system. If the employee reports for orientation and doesn’t work for a week; it does not matter, the I-9 must be completed within 3 business days.
- E-Verify: If your company is in a state that requires E-Verify, you will have to process the I-9 Form through the E-Verify System within three days of the hire date. If your company is not already enrolled, go to USCIS’s website to enroll.
A. Decide this First:
- Who will sign the Memo of Understanding for the company (Signatory)?
- Which hiring sites will participate in E-Verify? Tip: To avoid discrimination, it is best to select all locations for your company.
- Which company location(s) will access E-Verify? Tip: Be sure that one person is responsible for E-Verify at each location, if an HR Representative does not go to the location for each orientation.
- Who in my company will access E-Verify? Tip: Each designated representative should have their own E-Verify login.
- Who in my company should be a program administrator?
B. Need This to Enroll: Company Name; DUNS Number; Parent Org; Administrator Name; Physical Location(s); Mailing Address; Employer Identification Number (Tax ID); Total number of employees at each site; The first 3 digits of your companies NAICS code – North American Industry Classification System; Signatory’s Email and information; and finally each registered users name, phone, fax and email address
C. Enroll: Go through the steps of enrollment. After your enrollment is complete, USCIS will send you an email confirming about your company’s enrollment. Each representative will have to go through a short training on the E-Verify Program. It is very quick and simple.
D. Verify: To verify a new hire in E-Verify: (a) Open a Case (b) Enter in New Hire’s information from their I-9; (c) Double check the photo matches on their document with the E-Verify; system; (d) A Case Result is provided. The result can be initial, Interim or Final. If the case is final, the case can be closed. If the case is Interim, additional action is required. Tip: Write the E-Verify case number on the top of the I-9 form for tracking purposes.
- Filing: File the I-9 with copies of the provided documents. I-9’s must be filed in a separate location than the employee files. Tip: Create an I-9 binder for all Employee’s I-9 forms.
- Retention: Keep the I-9 the entire time the employee is working for you. If/when the employee leaves your company, you must retain their I-9 for either one year after termination or 3 years after their hire date – whichever date is later. Tip: Create a tab in your binder for separated employees’ I-9 forms. Place the separated I-9’s in order so that you know when to shred the I-9 at the appropriate time.
5 Steps for New Hire I-9’s – Having solid processes in place is the key to keeping your company legally safe and compliant. As you learn more about employment law, you will see that consistency is very important in order to avoid discrimination and legal missteps. Besides the above process for 5 Steps for New Hire I-9 Forms, you can also check out these articles on “How to Properly Fill out an I-9 Form” and “How to Audit and Correct I-9 Forms.”
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