R. Jason D’Cruz
404-504-7601
rjd@mmmlaw.com
www.mmmlaw.com
I-9 Checklist
I. General Rules
A. It is unlawful for an employer to knowingly employ, continue to employ, or retain
any person not authorized to work in the United States (including employees,
contract employees, independent contractors)
B. A company is required to have a completed I-9 Form on file for every employee
(including U.S. citizens)
1. Not required for employees hired prior to November 6, 1986, if
continuously employed since that date
2. Not required for contract employees or independent contractors (as
defined by IRS standards)
3. A company may not complete an I-9 Form on applicants until it hires them
as employees
C. On or before the first day of employment, the employee must complete Section 1
of the I-9 Form
D. Within three (3) business days of employment, a company is required to complete
Section 2 of the I-9 Form and see from the employee documentation confirming
both identity and authorization to work in the United States
E. When establishing an I-9 policy, an employer has an obligation not to
discriminate on the basis of national origin, citizenship status, or other federally
protected categories
II. Completing the I-9 Form
A. Section 1: Completed By Employee on or Before the First Day of
Employment
1. The employee must complete ALL information in Section 1, including:
a. Full Name
b. Maiden Name (if applicable)
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c. Residence Address (not a post office box)
d. Date of Birth
e. Social Security Number (“SSN”)
SSNs may be verified at the time the employee presents his
or her Social Security card by calling 1-800-772-6270 (see
section VI., below)
Verifying SSNs for new hires based on accent, place of
birth, name, or "foreign appearance" may subject
employers to liability for unlawful citizenship
discrimination
If a company chooses to verify SSNs, we recommend that
the company either do so for all employees or when any
SSN (not the person) appears suspicious. For example, a
company may want to investigate further if an employee
presents a SSN that contains any of the following:
The SSN has more or less than nine (9) digits
The SSN’s first three (3) digits are “000”
The SSN’s first three (3) digits are in the 800 or 900
series
The SSN’s fourth and fifth digits are “00”
The SSN’s last four (4) digits are “0000”
f. Attestation: The employee must check the appropriate box
Employees frequently fail to complete this section; it is
extremely important that they check the applicable box
A false claim of United States citizenship is a crime and
may affect eligibility for immigration/naturalization
benefits
g. Signature
Extremely important; double check that the employee has
signed and dated the form
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Although electronic signatures are permissible in addition
to handwritten signatures, the federal government has not
yet established final standards for electronic signatures
h. Date
The employee must insert the date the employee fills out
the form
Do not back-date if the form is signed after first day of
employment
If it is necessary to amend or correct the form, date and
initial the correction
i. Preparer and/or Translator Certification, if applicable
B. Section 2: Completed By Company (HR Department) No Later Than Three
Business Days After the Employee’s Commencement of Employment
1. A company must complete ALL information in Section 2, as follows:
a. List the documents submitted by the employee under the correct
columns: List A, B or C
The employee must submit either:
one document listed under List A, or
one document listed under List B and one document
listed under List C
A company is not required to keep copies of the
document(s) submitted by the employee, but it may do so
to demonstrate compliance
A company is not liable for the authenticity of the
document(s) produced by the employee unless a company
has reason to believe the document is not authentic
A company may not specify what documents the employee
may produce. The employee is entitled to produce any
acceptable document or combination of documents. An
employer requiring additional documentation may be liable
for illegal citizenship discrimination, including fines and/or
back wages
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b. Pre-print the company information located below the
"Certification" clause
Do not pre-print the signature or date
c. Sign and date the form
Do not back-date if the company signs the form more than
three business days after employee's commencement of
employment
d. Print the name and title of the person signing on behalf of the
company
III. Maintaining I-9 Forms
A. A company should maintain three (3) separate I-9 files:
1. Active employees
2. Active employees whose documentation requires updating/reverification
a. No List B documents require reverification
b. An I-551 (green card) does not require reverification, even if it
contains an expiration date
c. In general, a company should schedule an I-9 Form for
reverification if: (i) an employee indicates in Section 1 that he is
only authorized to work until a specific date, or (ii) a List A or List
C document contains an expiration date indicating that the
employee's work status will expire
3. Former employees
B. A company must maintain I-9 Forms for the longer of:
1. three years, or
2. one year after employment ends
C. Do not keep the I-9 Form in the employee's personnel file
D. A company may store I-9 Forms and supporting data electronically
IV. Updating/Reverification of I-9 Documentation
A. Create a tickler system for monitoring work authorization expiration dates
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B. When authorization expires, a company must confirm current authorization and
complete Section 3 of the I-9 Form
V. What To Do When There Are Problems With The Information An Employee
Provides For I-9 Form
A. From time to time, employers learn that there is a discrepancy with the
information an employee provided for I-9 verification. This most often occurs:
1. At the time the employee presents a document for I-9 verification, the
employer has a reasonable basis to believe that the document presented is
not genuine
2. When the employer receives a letter from the Social Security
Administration or other governmental entity specifying that the SSN the
employee provided does not match the employee’s name (a “No Match”
letter), or
3. When the employer attempts to verify the employee’s SSN and learns that
the SSN the employee provided does not match the employee’s name
B. Upon learning of such a discrepancy, a company should report this to the
employee and request that the employee:
1. Resolve the discrepancy within a certain period of time, and
2. Provide the company with accurate information
C. Although names may change, SSNs generally do not change. Providing an
entirely new SSN, rather than a SSN that resolves a transcription error, may
indicate prior fraudulent execution of the I-9 Form and/or violation of workplace
policies the company may have regarding falsification of documents
D. When a company determines that an employee may have fraudulently executed
the I-9 Form, the company may investigate the matter further. If the company
determines that an employee fraudulently executed the I-9 Form, the company:
1. May not continue to rely upon the fraudulently executed I-9 Form
2. Should require the employee to complete a new I-9 Form if the company
continues the employee’s employment; and
3. May apply, in a nondiscriminatory manner, any policies it applies
generally to suspected:
a. Criminal conduct in the workplace, or
b. False statements in employment documentation, and
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4. May report the suspected criminal conduct involving the I-9 Form to the
United States Citizenship and Immigration Services ("USCIS")
VI. Verifying Employees’ Social Security Information
A. A company may verify an employee’s SSN by:
1. Telephone by calling (800) 772-6270
2. Obtaining electronic verification from the USCIS’s Systematic Alien
Verification for Entitlements Basic Pilot Verification Program (the “Basic
Pilot Program”)
B. The Basic Pilot Program
1. The federal government presently does not require employers to
participate in the Basic Pilot Program. However, some states have begun
enacting laws requiring certain employers to participate in the Basic Pilot
Program. For example, Georgia recently enacted legislation that will
require public employers and state contractors and subcontractors to begin
using the Basic Pilot Program. The applicable deadline for a Georgia
public employer, or a Georgia state contractor or subcontractor, to begin
using the Basic Pilot Program depends on how many employees the entity
employs:
a. July 1, 2007, for Georgia public employers, or Georgia state
contractors or subcontractors with 500 or more employees;
b. July 1, 2008, for Georgia public employers, or Georgia state
contractors or subcontractors with 100 or more employees; and
c. July 1, 2009, for all Georgia public employers, and Georgia state
contractors or subcontractors.
2. To enroll, a company must execute a Memorandum of Understanding
provided by the USCIS. A sample Memorandum of Understanding is
attached as Exhibit 1; and
a. May be obtained online at:
https://www.vis-dhs.com/EmployerRegistration
b. May be obtained via telephone at (888) 464-4218
3. A company may use the Basic Pilot Program to verify the information for
only those employees it hires after it executes the Memorandum of
Understanding.
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4. A company may use the Basic Pilot Program only after it hires an
employee and the I-9 process is complete. The automated query must be
initiated within three (3) business days of the employee’s hiring.
5. Participating in the Basic Pilot Program does not eliminate the company’s
obligation to verify an employee’s identity and authorization to work and
to complete the I-9 Form.
6. The Basic Pilot Program may not be used to re-verify information for an
employee whose employment eligibility document expires.
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