This date is the actual date you complete Section 2 by examining the documentation your employee presents and signing the certification. In certain cases, employees can present an acceptable receipt for List A, B, or C documents. Staffing agencies may choose to use either the date an employee is assigned to the employee’s first job or the date the new employee is entered into the assignment pool as the first day of employment. Make sure you use the new version of the Form I-9, which is available for download from RUN Powered by ADP (RUN)®, by November 1, 2023, and complete and retain the form in accordance with the law.

The Date the Employer Examined the Employee’s Documents

This content is provided with the understanding that ADP is not rendering legal advice or other professional services and is current as of the published date. Use of this content is subject to the RUN Powered by ADP® Terms of Use. Employee must present certain identity and work authorization documents. The employer must examine the document(s) to determine whether they reasonably appear to be genuine and relate to the employee. Employers may choose to scan and upload the original, signed forms to retain them electronically. Once these Forms I-9 are securely stored in electronic format, the original paper Forms I-9 may be destroyed.

As mentioned above, employers that use the alternative procedure with an employee must retain a clear and legible copy of all documents presented by the employee seeking to establish identity and employment eligibility for Form I–9. However, an employer may choose to offer the alternative procedure for remote hires only, but continue to apply physical examination procedures to all employees who work onsite or in a hybrid capacity. Employers may do this so long as they do not adopt such a practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status or national origin. Form I-9 regulations allow employers to choose whether to keep copies of documents employees submit to complete their Form I-9. Therefore, you may choose to begin or end the practice of keeping copies of documents at any time, as long as you do so for all employees, regardless of national origin or citizenship status, or you may be in violation of anti-discrimination laws. If a qualified employer chooses to offer the alternative procedure to new employees at an E-Verify hiring site, that employer must do so consistently for all employees at that site.

• With the government’s focus becoming more attuned to compliance, employers must be on the ball when it comes to onboarding employees.
• For example, if an employee begins work on Monday, the employer should count Tuesday as Day 1 and count 90 days to determine the validity period of the receipt.
• ADP SmartCompliance is a suite of technology solutions backed by ADP’s experts to help you simplify compliance complexity, close technology gaps and minimize business disruptions.
• The date your employee enters next to their signature should match the date the preparer/translator signed the supplement.

To complete Form I-9 for on-campus employment, the F-1 student employee is only required to present an unexpired foreign passport and an I-94 indicating F-1 nonimmigrant status. Employers are not required to record information from the student’s Form I-20 in Section 2. On-campus employment is authorized until the completion of the student’s course of study. The F-1 nonimmigrant admission notation on Form I-94/I-94A usually states “D/S” which means duration of status.

Green Card Processes and Procedures

If an employer chooses to offer the alternative procedure to new employees at an E-Verify hiring site, that employer must do so consistently for all employees at that site. Understanding Form I-9, the cornerstone of verifying your team’s work authorization, is essential for a smooth onboarding process and business protection. This article breaks down the critical elements of Form I-9, addressing what, why, how, when, and cost so you can confidently manage your new hires. DHS regulations state that once you make copies of documents, you must retain them with the Forms I-9 or store them with the employee’s records. An expired OPT EAD with an endorsed Form I-20 is also an acceptable List A document in the case of the F-1 OPT student with a pending STEM extension application.

Add a layer of security to protect employees

The flexibility of the platform streamlines the I-9 process, allowing small business owners to choose the best method for their workflow. Employers who complete and retain Form I-9 in paper format only must retain the Form I-9 with the original handwritten signatures. Employers must retain Forms I-9 for three years after the date of hire or one year after the date the individual’s employment is terminated, whichever is later. Photocopies or faxed copies of completed Form I-9 are not acceptable to meet this retention requirement. When an H-1B employee requires reverification of their continued H-1B employment authorization, they may choose to present their Form I-94, since only a List A or List C document is required for reverification.

For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week. If the job lasts less than 3 days, you must complete Section 2 no later than the first day of work for pay. Recruiters adp i-9 form and referrers for a fee do not enter the employee’s first day of employment.

Alien Registration Requirement

Reviewing or examining documents via webcam, email, fax or a similar method was not permissible. You are not required to have a contract or other specific agreement with your authorized representative for Form I-9 purposes. If you choose to use a notary public as an authorized representative, that person is not acting in the capacity of a notary. This person must perform the same required actions to complete the verification process on your behalf as any other authorized representative, including signatures. When acting as an authorized representative, a notary public should not provide a notary seal on Form I-9.

The employee’s foreign passport establishes identity and therefore does not trigger reverification when it expires. In the case of a student, the Form I-94 and I-20 establish employment authorization. Both documents should be treated as a group; reverification should not be completed each time one of the documents in the group expires. If an employer is unable to physically meet with the worker to review original I-9 documents, then federal law allows employers to use an authorized representative to fulfill this function on the employer’s behalf. The following is a checklist for completing the I-9 for remote workers after the temporary policy ends, and when using an authorized representative.

• U.S. Immigration Customs and Enforcement and the Immigrant and Employee Rights Section (IER) have provided joint guidance to help employers perform internal audits.
• You can’t afford the risk of business HR problems, especially when it comes to compliance.
• For more guidance on reverification and F-1 STEM OPT extensions and cap-gap for students, see the Guidance for Completing Form I-9 Handbook (PDF).
• For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.

And beginning August 1, 2023, employers may follow a new alternative procedure to the in-person physical document examination method, provided they meet certain requirements. To qualify, employers must be enrolled in E-Verify and be considered in good standing. The employee must present acceptable evidence of employment authorization (from List A or List C) to show they are still authorized to work. When the employer determines the document is unexpired, appears to be genuine, and relates to the employee, they must record the document title, document number, and expiration date, if any, in Supplement B, then sign and date Supplement B. ADP is committed to assisting businesses with increased compliance requirements resulting from rapidly evolving legislation.

Employers should ensure that they are using a valid version of the Form I-9. Sixth and last, the employer is expected to submit an E-Verify case for their new hire following government guidelines. The confirmation receipt printed from the USCIS website states that it is not a receipt notice and cannot be used as evidence of a pending application. Form I-797C, Notice of Action, which is mailed to the employee by USCIS is an acceptable receipt to acknowledge that an application for a replacement EAD has been submitted.