List B verifies identification with documents like a driver’s license or state I.D. In contrast, List C verifies employment authorization documents like a Social Security card or an EAD without a photograph. Employers are prohibited from requesting specific documents or discriminating against employees based on their citizenship status. The new I-9 can be used starting August 1, 2023 and must be used starting November 1, 2023.

Questions About Documents

For organizations that fail to place a high priority on complying with the requirements detailed in Form I-9, the ramifications are often severe and long-lasting. Thankfully, while Form I-9 places an administrative burden on employers, in comparison to many other forms of employment regulation, achieving compliance is a relatively straightforward process. Employers must retain a completed form for each person on the organization’s payroll for one year after separation, or three years after their date of hire, whichever is later. The USCIS agency provides a simple table to determine the exact holding period. The views expressed on this blog are those of the blog authors, and not necessarily those of ADP. This blog does not provide legal, financial, accounting, or tax advice.

Also, the hyperlink on the main Form I-9 adp i-9 form 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.

ICE also reserves the right to increase a fine by as much as 25 percent according to a host of factors including the size of the business, and its commitment to compliance. If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form. For additional guidance, employers can refer to the Handbook for Employers M-274 provided by the USCIS.

Tax Guides and Forms

• On-campus employment is authorized until the completion of the student’s course of study.
• As an employer, you or your authorized representative must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of your employee (the hire date means the first day of work for pay).
• ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content on this blog.
• Given that employers could get as little as three days to produce completed forms under federal law, organizations cannot put off compliance.

You must examine the document(s), and if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If the document(s) do not reasonably appear on their face to be genuine or to relate to the person presenting them, you must not accept them.

I-9, Employment Eligibility Verification

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.

Employers Must Use New Form I-9 Soon

The alternative procedure may be used starting on August 1, 2023 and does not expire but can be cancelled or amended by the Department of Homeland Security. The alternative procedure is only available to employers enrolled in E-Verify. The authorized representative is commonly an attorney or notary public.

Therefore, the more time that elapses between compliance reviews, the greater the potential for huge fines. To complete the form, employees must provide documentation verifying their identity and authorization to work in the U.S. List A to List B. List A offers a single document option that establishes identity and employment authorization. Examples include a U.S. passport, a Permanent Resident Card, or an Employment Authorization Document (EAD) with a photograph. N Employees who don’t have a List A document can use List B and List C documents combined.

Please be advised that calls to and from ADP may be monitored or recorded. Qualified employers must allow employees who are unable or unwilling to submit documentation using the alternative procedure to submit documentation for physical examination. Employees cannot act as authorized representatives for their own Form I-9. Therefore, employees cannot complete, update, or make corrections to Section 2 (or Supplement B) for themselves or attest to the authenticity of the documentation they present. If an employee presents acceptable List A documentation, do not ask them to present List B or List C documentation. Fourth, the employer must indicate on the new I-9, by completing the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2 or for reverification, as applicable.

List C Documents – Work Authorization

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.

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.

All Forms

• Employees must sign the form even if a preparer or translator helps them.
• To complete Form I-9 for on-campus employment, the F-1 student employee is only required to present an unexpired foreign passport and an I-94 indicating F-1 nonimmigrant status.
• The alternative procedure may be used starting on August 1, 2023 and does not expire but can be cancelled or amended by the Department of Homeland Security.
• Certain employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure must check the box to indicate they did so.
• To do otherwise could be an unfair immigration-related employment practice.
• Next, employers should provide clear instructions for completing the I-9 form to prevent costly fines.

At the time of hire, employers need to ensure each employee properly completes the I-9 form as well. As part of the I-9 verification process, new hires fill out Section 1 of the I-9 and present appropriate documents to the employer to affirm their identity and prove employment eligibility. Employers must then evaluate whether the documents presented to them appear genuine and relate to the employee. Employers need to record the document information received in Section 2 of the I-9. Employers must ensure they complete and retain a valid I-9 for each new hire, regardless of whether the employee works in the traditional workplace or remotely. If you have employees who have only received a virtual/remote examination of I-9 documents, then ensure you complete in-person physical examinations and annotate their I-9s by August 30, 2023.