Quick Answer: Can I 9s Be Stored Electronically?

Can I 9s be signed electronically?

Using an Electronic Storage System for Form I-9 You may retain Form I-9 using either a paper or electronic system, or a combination of both.

If you complete a paper Form I-9, you may scan and upload the original signed form, correction or update, and retain it electronically..

What happens if I 9 is not completed in 3 days?

If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.

Do I 9’s expire?

I-9 forms that list green cards that have since expired should not be reverified. Green cards indicate permanent residency in the United States, and they expire just as driver’s licenses do. The expiration date does not indicate that the holder is no longer authorized to work in the U.S.

What triggers an I 9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and “silent raids” by ICE.

Who can verify an i 9?

Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization.

How do I store i 9 documents?

How to Retain and File I-9 FormsStep 1: Maintain Separately from Personnel Records. … Step 2: Develop an Administrative Section. … Step 3: File Active Employee I-9s Alphabetically. … Step 4: Develop Terminated Employee Section. … Step 5: Assess Retention Requirements. … Step 6: Organize Terminated Employees’ I-9s Chronologically by Retention Date.More items…•

Do i9 expire?

Last year, the DHS and the U.S. Citizenship & Immigration Services (USCIS) agency announced that Form I-9, with an expiration date of August 31, 2019, could be used past this date. However, a new I-9 form has since been uploaded with an expiration date of October 31, 2022.

What if an employee never completed an i9?

Failure to comply with I-9 verification and document retention requirements could result in a penalty. The minimum penalty for a first offense is $110; the maximum penalty is $1,100. Penalties are assessed based on several factors, including: The size of the employer.

What are the fines for I 9 violations?

Monetary penalties for knowingly hire and continuing to employ violations range from $573 to $20,130 per violation, with repeat offenders receiving penalties, at the higher end. Penalties for substantive violations, which includes failing to produce a Form I-9, range from $230 to $2,292 per violation.

Who fills out I 9 section 2?

Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.

When can you destroy i 9 forms?

You can destroy a former employee’s I-9 records one year from the date of termination or three years from the date of hire, whichever is later. Current employee’s I-9 records must be maintained for their entire period of employment.

How long should you keep terminated employee files?

three yearsThe FLSA requires that employers maintain nonexempt records for three years from the employment termination date. The FLSA requirement is two years for records like collective bargaining agreements, performance appraisals and documents that may satisfy requirements to justify pay scales, wage rates and salary levels.

Should employers keep copies of social security cards?

While employers must keep I-9s for the time period required by law, employers that do not use E-Verify are not required to keep copies of documentation received from the employee that demonstrates the employee’s identity and authorization to work in the United States.

How long do you keep i 9 on file?

three yearsFederal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later.

Can you fill out an i9 before the actual start date?

After the job applicant accepts the job offer, the employer may begin the I-9 process. … Do not begin the I-9 process too far ahead of the employment start date: There should not be a significant gap between early completion of Form I-9 and the start of employment.

Does the I 9 need to be completed in person?

Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting point for these employees only. … An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf.

Who can verify i9 documents?

Option 1: The employer chooses an Authorized Representative to verify the I-9 Form. Oftentimes, employers use notaries to complete the Form I-9 for their remote workers. Notaries, when doing so, act in their capacity as an agent or representative of the company and not in their capacity as a notary public.

Does I 9 address have to match drivers license?

In section 1 of the I-9 form you have to fill in your address. … So in theory, if you can find a document in List A that doesn’t have your address on it, or a document from both B & C that do not have your address on it, you could essentially fulfill the requirement without having to physically provide proof of address.

Can you work without i9?

Technically, yes, an employee can work in the U.S. without an Employment Eligibility Verification Form, known as Form I-9. … Even if an employee, or a potential employee, has a copy of her Form I-9 from previous employment, that’s not acceptable proof of eligibility to work.

Can you get paid without i9?

Yes. An incomplete I-9 form does not affect an employer’s ability or obligation to pay an employee. … Employers should use the information on the employee’s W-4 to process payroll, regardless of whether the I-9 is completed.

Can a notary verify an i 9 form?

The Form I-9 does NOT require a notarial act, therefore you must NOT affix your notarial seal impression on it. You are signing the form in the capacity of Authorized Representative of the verifying employer, so we recommend that you indicate “Authorized Representative” as your title, not “Notary Public.”