By Jason Fry
The reverification of Form I-9s can be a daunting task for
any employer. It’s a complex requirement with many rules and
regulations. It’s also a lot to keep up with, especially if an
employer has a large number of employees who require reverification
or if the employees are dispersed across the country. Furthermore,
the stakes are getting higher as the federal government steps
up Form I-9 enforcement – and increases fines.
Here are six things employers should know to help them
successfully manage their Form I-9 reverifications.
All employees must complete and retain a Form I-9 for each
employee at the time of hire. The form verifies a new hire’s
identity, and that she is authorized employment authorization to
work in the U.S. If the employer wishes to continue employing the
individual after the employee’s employment authorization expires,
the employer must reverify an eligibility to work document for the
Just as an employer isn’t able to request a specific
document when they complete the Form I-9 the first time, they
can’t specify a document for the reverification. In fact, it’s up to
employees if they’d like to present a different document than they
did the first time. The only requirement is that the document be
listed on the I-9’s List of Acceptable Documents.
According to U.S. Citizenship and Immigration Services
must complete Section 3 when your employee’s employment
authorization or documentation of employment authorization has
expired. If you previously completed Section 3, or if the version of
the form you used for a previous verification is no longer valid, you
must complete Section 3 of a new Form I-9 using the most current
version and attach it to the previously completed Form I-9.”
Form I-9 maintenance should be part of a standard operating
procedure. This helps your organization stay on top of expiration
dates, and alert employees in advance of an upcoming expiration date.
Furthermore, if an employer has remote employees, this allows time for
an HR representative to meet the employee in person to inspect their
document(s). Most importantly, if you receive a notice of inspection
from the federal government, a standard operating procedure shows
federal agents that your company takes Form I-9 management seriously.
A software management system like I-9 Management from
Equifax can help streamline your I-9 compliance. It’s an
end-to-end service that helps guide employers through all the
steps of reverification, automatically tracks expiration dates, and
notifies the employee and employer of upcoming reverifications. We
recommend a reminder 120 days before the expiration date, and
additional reminders at 90, 60 and 30 days out.
Ultimately, it’s the employer’s responsibility to maintain
Form I-9 compliance. Failure to maintain reverifications can be a
knowing employment offense fined from $573 - $4,586 for the first
offense. And fines dramatically increase for a second or third
offense. And that’s not just civil, but can also be a criminal
offense. For more information on Form I-9 reverification, listen to our podcast. And while
you’re there, check out our other episodes,
and don’t forget to subscribe if you like what you hear.