When talking to clients, it appears many may be a bit confused on the correct timing of the completion of I-9 forms. Let me provide a little bit of assistance.
You must provide a candidate, generally after the job offer is made, with the complete 15-page Instructions packet and the 3-page Form packet. This can be done before the date of hire and can be done electronically (if the applicant has easy access to a computer). If you are providing an Offer Letter or otherwise communicating via email, simply provide the necessary links. Providing it in advance allows you to ask the applicant to complete the first page of the Form prior to reporting to work. This means one less form to fill out during the on-boarding process.
If you are not able to provide it in advance, the full packet of Instructions must be provided to the employee on their first day of work, along with the Form. The employees do not need to keep the packet and you can ask them to return it to you if they don’t want it, but they must be provided the full packet. They must complete page 1 of the Form and return it to you. At this time, take the opportunity to remind them that you need one document from List A OR one document from List B AND one from List C no later than their third day of work. These Lists can be found on the third page of the Form packet.
The employer’s portion of the Form (page 2) must be completed no later than the third day of employment. If the new employee has not brought you the correct documents as outlined on the List of Acceptable Documents, you must not allow them to continue to work until they have provided this.
Remember that you cannot tell the employee which documents to bring to prove their identity and their right to work. They choose these documents. Even if you require the employee to provide a valid driver’s license because they are driving for you, you cannot tell them to use that as their proof of identity (List B). You can allow them to use it, but you cannot direct them to use it. Subtle difference to be aware of.
By the way, if you have not paid attention to the I-9 process lately or if you have not updated your Form, be advised that the form changed in January 2017. If you are not using the new form (the expiration date in the upper right corner is 8/31/2019), be sure to begin to do so immediately. It will become mandatory on September 18, 2017.
If you have employees located at remote sites, ensure that someone there is trained on the proper steps for filling out the I-9. The Instructions packet is very useful and provides a great deal of information.
The Instructions packet and Form can be found in English and Spanish at: https://www.uscis.gov/i-9. The Forms are provided as fillable PDFs or as printable documents.
If you have questions, please reach out to a member of you Hausmann-Johnson Insurance HR team.
Upcoming Human Resources Education Events
HR For Your Business: We are hosting an interactive one-day workshop designed for business people responsible for Human Resources. The class includes a review of the laws most often unknowingly violated and provides information on how to prevent these violations.
Family & Medical Leave Act Classes: We are hosting an FMLA seminar series consisting of Basic, Intermediate, and Advanced classes. Register for one or all three.
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