Business I 9 Form Section 2 and Employer Responsibilities

Section 2 of the I-9 form is where employers verify an employee's identity and employment authorization. This is a critical step in the hiring process.

Employers must examine the employee's documents to ensure they are genuine and valid. The employee must present one document from List A, which includes a U.S. passport, passport card, or an unexpired employment authorization document.

The employer must also examine the employee's documents to ensure they are not expired or tampered with. This includes checking for any signs of alteration or forgery.

Employers must complete Section 2 of the I-9 form within three days of the employee's start date. They must also sign and date the form to confirm that the documents have been verified.

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To complete the I-9 form, you'll need to use the latest edition, which is the 08/01/23 edition. This edition will have an expiration date of either 07/31/2026 or 05/31/2027.

Employers must retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later. This is a crucial step to ensure compliance with regulations.

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The Form I-9 link consists of four parts: Page 1, Page 2, Page 3, and Page 4. Each part serves a specific purpose, such as containing the sections that all new employees and their employers must complete.

You can find the filing fee for Form I-9 by visiting the USCIS Fee Schedule page. This will give you an idea of the costs involved in completing the form.

Employers must ensure that employees have access to the Instructions for completing Form I-9, by providing them either a hard copy or a hyperlink. This is a requirement to ensure that employees understand the process.

Here's a summary of the key dates to keep in mind:

As an employer, it's essential to understand your responsibilities under Section 2 of the I-9 form. You or your authorized representative must examine the documentation your employee presents, complete Section 2, and sign and date the form.

To ensure compliance, you must ensure that any document your employee presents is original (except for certified copies of birth certificates) or is an acceptable receipt. You must physically examine documents, except if you participate in E-Verify, you may use an alternative procedure authorized by the Secretary of DHS to remotely examine documents.

Here are the key steps to complete Section 2:

Remember, employers must not act as authorized representatives for their own Form I-9, and employees cannot complete, update, or make corrections to Section 2 for themselves.

As an employer, you're responsible for examining the documentation your employee presents and completing Section 2 of the Form I-9.

You or your authorized representative must sign and date the form, making sure to attest to the authenticity of the documentation.

Employees cannot act as their own authorized representatives, so they can't complete Section 2 for themselves.

Federal contractors with the FAR E-Verify clause must follow special procedures for existing employees.

See the M-274 Handbook for Employers for additional information on these procedures.

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As an employer, you play a crucial role in verifying the identity and eligibility of your employees to work in the United States. You or your authorized representative must examine the documentation your employee presents and complete Section 2 of the Form I-9.

To ensure accuracy, you must physically examine the documents presented by your employee, except if you participate in E-Verify and use an alternative procedure authorized by the Secretary of DHS to remotely examine documents. This means you can't just rely on the employee's word, but must take a closer look at the documents themselves.

You must enter the document title, issuing authority, document number (if any), and expiration date (if any) from the document(s) your employee presented. This information will help you verify the authenticity of the documents.

Here are the steps to follow when examining documents:

You must also enter your employee's documentation accurately as it appears on the Lists of Acceptable Documents. This is crucial to ensure compliance with the law.

Finally, you must return the documentation presented back to your employee. This is a standard procedure that ensures the employee has their documents back and that you have completed your responsibilities as an employer.

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An authorized representative can be any person you designate, hire, or contract with to complete Section 2 on your behalf.

You can designate a variety of people to act as your authorized representative, including personnel officers, foremen, notaries public, agents, or anyone acting directly or indirectly in your agent's interest.

To be clear, your authorized representative must perform all your duties, including reviewing the employee's Section 1 and completing Section 2 on your behalf.

You are liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws, committed by the authorized representative acting on your behalf.

You don't need a contract or specific agreement with your authorized representative for Form I-9 purposes.

If you choose to use a notary public as an authorized representative, they are not acting in the capacity of a notary. They must perform the same required actions to complete the verification process on your behalf as any other authorized representative.

A notary public should not provide a notary seal on Form I-9 when acting as an authorized representative.

Here are some examples of people who can act as your authorized representative:

Remote verification of I-9 forms is an option due to COVID-19. Employers should set up a video conference with the new hire and ensure both parties have a reliable internet connection and a working camera.

The new hire must present their identification and work authorization documents during the video conference. The employer must inspect the documents and confirm they are genuine and belong to the new hire.

Documentation is key. Employers should document the remote verification process, including the date of the video conference, the identity and work authorization documents presented, and any other relevant details.

Employers must complete the Form I-9 process within three business days of the new hire's start date, as usual. If unable to complete the process due to COVID-19, they should document the reasons for the delay and ensure the process is completed as soon as possible.

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