ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content on this blog. By understanding the fundamentals of the I-9 form and following current guidance related to the global health crisis, employers can stay compliant. By understanding the fundamentals of the I-9 form and following current guidance for COVID-19, employers can stay compliant. The Spanish version of Form I-9 can only be completed for official purposes by employers in Puerto Rico. Employers in Puerto Rico complete and keep either the Spanish version or the English version of Form I-9 for their records.
- This date is the actual date you complete Section 2 by examining the documentation your employee presents and signing the certification.
- Follow the guidelines above to determine if you are using the correct form.
- Employers are not required to record information from the student’s Form I-20 in Section 2.
- List A to List B. List A offers a single document option that establishes identity and employment authorization.
ADP SmartCompliance Employment Verification integrates with most payroll systems
Citizenship and Immigration Services (USCIS) recently released a revised version of the Form I-9, which employers must begin using soon. Below, we provide answers to some frequently asked questions about the new I-9. A refugee may choose to present any applicable documents from the Lists of Acceptable Documents. DHS provides refugees electronic or paper Forms I-94, Arrival-Departure Record, as evidence of their status and employment authorization. A refugee’s electronic Form I-94 contains the admission code of “RE” and a paper Form I-94 has a refugee admission stamp. A refugee may use their unexpired Form I-94 as a receipt for a document establishing both employment authorization and identity for 90 days.
Green Card Processes and Procedures
Our goal is to help minimize your administrative burden across the entire spectrum of employment-related payroll, tax, HR and benefits, so that you can focus on running your business. This information is provided as a courtesy to assist in your understanding of the impact of certain regulatory requirements and should not be construed as tax or legal advice. Such information is by nature subject to revision and may not be the most current information available. ADP encourages readers to consult with appropriate legal and/or tax advisors.
The Employee Assistance Program is here to help
Form I-9 is a fillable form, which means you can type your answers directly into the form, except for the signature blocks. Failure to meet DHS standards for electronically generated, stored and/or retained Form I-9 may result in fines and other penalties. Only employers located in Puerto Rico may complete the Spanish-language version of Form I-9 instead of the English-language version. Any employer may use the Spanish-language form and instructions as a translation tool. Employers must retain all completed pages of Form I-9 for a designated period and make them available for inspection by authorized government officers.
Designate an experienced authorized representative.
- When acting as an authorized representative, a notary public should not provide a notary seal on Form I-9.
- You are not required to have a contract or other specific agreement with your authorized representative for Form I-9 purposes.
- Any employer may use the Spanish-language form and instructions as a translation tool.
- Citizenship and Immigration Services (USCIS) recently released a revised version of the Form I-9, which employers must begin using soon.
If an employee’s employment authorization expires, they must present new or updated document(s) and the employer must examine and record the document number(s) here. Employers may also be required to complete this section when rehiring a former employee, depending on how much time has passed. All employers must complete and retain a Form I-9 for each employee at the time of hire. The form is used to verify a new hire’s identity and work authorization.
Doing so will help the organization avoid potential violations, as state law may restrict who can complete the I-9 on the organization’s behalf. For example, California state law limits such services to licensed attorneys, individuals authorized under federal law to provide immigration services and individuals who are qualified and bonded as immigration consultants. The table below shows the basics of Form I-9, which is broken out into three sections. The form also includes a list of acceptable documents that establish both identity and employment authorization. For income verifications, verifiers are required to certify that the employee consented to the verificationor release of their employment and/or income information.1 This adds an extra layer of privacy and securitythat’s essential for employees today. As an employer, you or your authorized representative must examine the documentation your employee presents, complete Section 2 and sign and date the form.
This content is provided with the understanding that ADP is not rendering legal advice or other professional services and is current as of the published date. Use of this content is subject to the RUN Powered by ADP® Terms of Use. Employee must present certain identity and work authorization documents. The employer must examine the document(s) to determine whether they reasonably appear to be genuine and relate to the employee. Employers may choose to scan and upload the original, signed forms to retain them electronically. Once these Forms I-9 are securely stored in electronic format, the original paper Forms I-9 may be destroyed.
Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. Citizenship and Immigration Services, will help you verify your employee’s identity and employment authorization. According to federal regulations, employers need to retain original I-9 forms for three years after the date of hire, or one year after the date employment ends, whichever is later.
Navigating the complexities of completing Form I-9 with remote employees can be challenging, but technology has provided solutions. Due to the pandemic, employers now have flexibility measures that allow them to remotely verify Form I-9. However, to utilize this option, employers must be enrolled in E-verify and create a case for the concerned employee. If a Form I-9 was never completed or is missing, the current version of the Form I-9 should be completed as soon as possible.
Ensuring that you have the most up-to-date state or federal forms can be a challenge—often requiring a significant investment of time and effort. Find copies of current unemployment, withholding, IRS, ADP, and other forms using this extensive repository of tax and compliance-related forms and materials. Managing onboarding paperwork, specially Form I-9, can be time-consuming for small business owners. Roll can capture I-9 information and offer owners a choice between a digital or traditional paper-based process. With Roll, new hires receive a notification through the app to complete the I-9 form digitally. Alternatively, employers can access the link to the form on their timeline when adding a new employee.
Streamlining I-9 with Roll by ADP: Benefits for Small Businesses
As of Sept. 18, employers could no longer use the old form and had to convert to the new form with the July 17 revision date. However, for any previous I-9 Forms — as well as the revised form — employers must continue to use the storage and retention rules, according to USCIS. In accordance with FCRA, verifiers seeking verifications of employment and/or income information for employment purposes are required to provide this certification as well. An “N” next to the revision date meant that Form I-9 with an earlier revision date could no longer be used to verify employment eligibility. A “Y” next to the revision date meant the form was valid until USCIS issued a new form with a revision date containing an “N”.
Also, the hyperlink on the main Form I-9 webpage returns you to the Instructions above. Is there a topic or business challenge you would like to see covered on SPARK? ADP SmartCompliance for employment verification is integration-agnostic, tightly integrating with your payroll system using APIs and peer-to-peer connections giving 80%–90% “instant hit” verifications. This translates to increased efficiency, while reducing human error and with no employer involvement. Follow the guidelines above to determine if you are using the correct form. If you discover an error in Section 1 of an employee’s Form I-9, you should ask your employee to correct the error.
Humanitarian Based Forms
Audits allow employers to ensure Forms I-9 have been completed correctly, and to make corrections if errors are found. Learn more about Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits. To correct multiple recording errors on the form, you may redo the section on a adp i-9 form new Form I-9 and attach it to the old form. A new Form I-9 can also be completed if major errors (such as entire sections were left blank or Section 2 was completed based on unacceptable documents) need to be corrected. A note should be included in the file regarding the reason you made changes to an existing Form I-9 or completed a new Form I-9.
The employee’s foreign passport establishes identity and therefore does not trigger reverification when it expires. In the case of a student, the Form I-94 and I-20 establish employment authorization. Both documents should be treated as a group; reverification should not be completed each time one of the documents in the group expires. If an employer is unable to physically meet with the worker to review original I-9 documents, then federal law allows employers to use an authorized representative to fulfill this function on the employer’s behalf. The following is a checklist for completing the I-9 for remote workers after the temporary policy ends, and when using an authorized representative.