Understanding the I-9 Form: A Step-by-Step Guide for North Carolina Employers

Understanding the I-9 Form

The I-9 Form is a critical component for employers in North Carolina to ensure compliance with federal employment eligibility verification requirements. Every employer in the United States must complete and retain a Form I-9 for each individual they hire, whether they are citizens or noncitizens. This guide will walk you through the essentials of the I-9 Form, helping you understand its importance and how to accurately complete it.

What is the I-9 Form?

The I-9 Form is officially known as the Employment Eligibility Verification Form. Its primary purpose is to verify the identity and employment authorization of individuals hired for employment in the United States. This form must be completed by both employers and employees, ensuring that only individuals who have the legal right to work in the U.S. are employed.

Employers in North Carolina, like those nationwide, are required to keep these forms on file for all current employees. It's crucial to understand that failure to comply with I-9 regulations can result in significant penalties, making it vital for businesses to adhere to the guidelines set forth by U.S. Citizenship and Immigration Services (USCIS).

Completing Section 1: Employee Information

Section 1 of the I-9 Form is filled out by the employee on or before their first day of work. It requires personal information such as name, address, and date of birth. Employees must also attest to their citizenship or immigration status by checking the appropriate box.

It's important for employers to ensure that this section is accurately completed. While employers cannot dictate which documents an employee should use to prove their eligibility, they must ensure that the employee provides acceptable documentation within three business days of their start date.

Completing Section 2: Employer Review and Verification

In Section 2, the employer is responsible for examining evidence of identity and employment authorization provided by the employee. This section must be completed within three business days of the employee's first day of work. The employer must fill out this section and indicate which documents were reviewed by listing them on the form.

Employers should be vigilant in ensuring that all documents appear genuine and relate to the employee presenting them. Commonly used documents include a U.S. passport, permanent resident card, or driver's license combined with a Social Security card.

Completing Section 3: Reverification and Rehires

Section 3 of the I-9 Form is used for updating and reverifying an employee's work authorization. If an employee's work authorization has expired, or if they are rehired within three years of the original hire date, this section must be completed.

Employers must also complete Section 3 if an employee legally changes their name. It's crucial to keep track of expiration dates for work authorization documents to ensure compliance and avoid potential fines.

Recordkeeping Requirements

Employers in North Carolina must retain each employee's I-9 Form for as long as they are employed and for a period of either three years after the date of hire or one year after employment ends, whichever is later. Keeping accurate records helps protect your business from potential audits by Immigration and Customs Enforcement (ICE).

Forms can be stored on paper, microfilm or microfiche, or electronically, but they must be accessible for inspection if requested by authorized government officials. Implementing a reliable system for storing these forms is essential for maintaining compliance.

Conclusion

Understanding and correctly completing the I-9 Form is vital for employers in North Carolina to avoid legal troubles and ensure a lawful workforce. By following this step-by-step guide, you can navigate the complexities of employment eligibility verification with confidence. Always remain informed about any changes in regulations to maintain compliance and protect your business.