As HR professionals and business leaders, we all share the responsibility of ensuring our hiring processes meet federal compliance standards. One of the most critical, yet often overlooked, areas is the Form I-9. This is used to verify the identity and employment authorization of individuals hired to work in the United States.
Even well-meaning employers can stumble into I-9 trouble, which can lead to costly fines or legal complications. Whether you are a small business owner, a manager, or part of a growing HR team, here are a few reminders to help you stay on track.
Timing Is Everything 🕒
Form I-9 must be completed within three business days of an employee’s start date. Delays, even unintentional ones, can be considered violations.
🧾 Missing or Incomplete Forms? Don’t Panic!
If you discover that a form is missing or incomplete:
- Act quickly. Complete the form immediately.
- Avoid backdating. Always use the actual date you complete the form.
- Document corrections. Any changes should be initialed and dated—no white-out allowed!
Store Smart 🗂️
Keep I-9s in a central, organized location, separate from personnel files if possible. Whether you choose paper or electronic storage, make sure it meets U.S. Immigration and Customs Enforcement (ICE) standards for security and accessibility.
Be Audit-Ready 🔍
ICE can request your I-9 forms at any time with as little as three days’ notice. Be sure your forms are complete, accessible, and backed up. It is best to have a process in place before you ever receive a notice.
Dealing with False Documents 🛑
If an employee admits to using false documents in the past but now presents valid ones:
- You may complete a new Form I-9 using the correct information.
- Handle the situation with care and follow your internal policies consistently to avoid the risk of discrimination claims.
Reverification Matters 🔁
For employees with temporary work authorization, set calendar reminders to reverify their status before expiration. Don’t wait until the last minute.
Retention Rules 🧮
- Keep I-9s for three years after the date of hire or one year after termination, whichever is later.
- If you choose to keep copies of identity documents, apply this practice consistently for all employees.
Final Thoughts
I-9 compliance is more than just a form. It is a vital part of your business’s legal and ethical responsibility. A few simple steps can help you avoid costly missteps and protect your organization.
If you ever need guidance or support, the Grand Rapids Chamber is here to help you navigate the ins and outs of compliance. Let’s work together to keep our workplaces informed, inclusive, and compliant.
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Tiffany Ringold
HR Generalist, Grand Rapids Chamber
