Ensuring compliance with the I-9 form requirements is critical for businesses in the United States, as it verifies the identity and employment authorization of employees. Below is a comprehensive I-9 Compliance Checklist that employers can use to evaluate their documentation practices, including record-keeping, training, and regular audits.

I-9 Compliance Checklist

1. Documentation Collection

• Obtain the I-9 Form: Ensure that the latest version of the I-9 form is being used. The form must be completed for all new hires.
• Complete Sections 1 and 2:
• Section 1 must be filled out by the employee on or before their first day of work.
• Section 2 must be completed by the employer within three business days of the employee's start date.
• Verify Documents: Review and verify the documents presented by the employee to ensure they are valid and meet I-9 requirements.

2. Record-Keeping

• Maintain I-9 Forms: Store completed I-9 forms securely for all employees. These forms should be kept for at least three years after the date of hire or one year after the employee's termination, whichever is later.
• Organize Files: Keep I-9 forms separate from other employee records to facilitate easy access during audits.
• Digital Storage: If storing I-9 forms electronically, ensure that the system is secure and complies with data protection regulations.

3. Employee Training

• Train HR Personnel: Conduct regular training sessions for HR staff and managers on how to properly complete and review I-9 forms.
• Provide Resources: Distribute materials, such as USCIS guides and FAQs, to assist employees in understanding their responsibilities.
• Update Training Regularly: Keep training materials current with any changes in immigration laws or I-9 requirements.

4. Regular Audits

• Schedule Audits: Conduct regular internal audits of I-9 forms, at least annually, to ensure compliance and identify any discrepancies.
• Use an Audit Checklist: Create a checklist to review each I-9 form for completeness, accuracy, and proper document verification.
• Correct Errors: Establish a process for correcting any errors or omissions found during audits, including documenting the corrections.

5. Compliance with E-Verify (if applicable)

• Enroll in E-Verify: If applicable, enroll in the E-Verify program to electronically verify employee work eligibility.
• Train Staff on E-Verify: Provide training on how to use the E-Verify system and interpret its results.
• Maintain E-Verify Records: Keep records of E-Verify queries and results alongside I-9 documentation.

6. Stay Informed

• Monitor Changes in Law: Stay updated on any changes in immigration laws that may affect I-9 compliance.
• Subscribe to USCIS Updates: Regularly check the USCIS website for updates and resources related to I-9 compliance.

7. Resources and References

• USCIS I-9 Central - Provides information and resources related to I-9 compliance.
• E-Verify - Information on the E-Verify program for employers.

By following this checklist, employers can ensure they are compliant with I-9 regulations and reduce the risk of penalties associated with non-compliance. Regular training, accurate record-keeping, and periodic audits are key components in maintaining I-9 compliance.

About the Author

Wanjiru Nganga, SHRM-SCP, is an accomplished HR professional with over 20 years of experience specializing in HR compliance, talent acquisition, employee engagement and performance management. She is dedicated to helping organizations maintain HR compliance while creating thriving workplaces and empowering individuals to achieve their career goals.

When she’s not working, Wanjiru enjoys mentoring the youth, participating in community events, and emceeing at special occasions.

Connect with her on LinkedIn or reach out via email: ciru.nganga@gmail.com