With increased federal immigration enforcement activity in Maine, it is understandable that many employers are feeling uneasy. Questions about employee documentation, audits, and what to do if federal officers show up at your workplace can keep even the most seasoned business owner up at night.
Let’s take a breath together.
The purpose of this article is to walk you through the proper use of the Form I-9, clarify common misconceptions, and remind you that you do not have to navigate this alone. As always, PMI is here as your partner, steady, knowledgeable, and ready to help.
What Is the I-9 Form and Who Needs It
The Form I-9, Employment Eligibility Verification, is required for every employee hired in the United States, regardless of citizenship or immigration status. If you have employees on payroll, you are required to complete and retain an I-9 for each one.
The form serves one purpose: To verify both identity and authorization to work in the United States.
It does not require you to determine someone’s immigration status beyond what is required for work authorization. Your role is to review documentation that appears genuine and relates to the employee presenting it, not to become an immigration expert.
When and How to Complete the I-9
Timing matters.
Section 1 must be completed by the employee no later than their first day of work.
Section 2 must be completed by the employer within three business days of the employee’s start date.
Employees must present original documents, not copies, and you must physically examine them unless you are using an approved alternative procedure under federal guidelines.
Important reminders:
- You cannot tell employees which documents to provide.
- You must accept any valid combination from the Lists of Acceptable Documents.
- You cannot request more documents than required.
- You cannot reject documents that reasonably appear genuine.
Over documentation and document discrimination are common compliance mistakes, especially when employers are feeling pressure or uncertainty.
Recordkeeping and Retention
I-9 forms must be retained for three years after the date of hire or one year after employment ends, whichever is later.
Forms must be stored securely and made available if requested during an audit. They can be stored on paper, microform, or electronically, as long as they meet federal requirements.
With heightened enforcement activity, employers are understandably concerned about audits. Having properly completed and organized I-9s is your best defense against penalties.
How PMI’s HR Support Can Help
HR compliance does not live in a vacuum. I-9 administration connects to onboarding procedures, handbook policies, record retention practices, and employee relations.
Through our HR On-Demand subscription service, PMI clients have direct access to experienced HR professionals whenever questions arise about I-9s or any other HR matter.
That means:
- Guidance on proper I-9 completion
- Help conducting internal I-9 audits
- Support if you receive a Notice of Inspection
- Assistance updating onboarding procedures
- Consultation on compliance with federal and state employment laws
Instead of scrambling for answers during a stressful moment, you can pick up the phone and speak to a real person. That is the difference between hoping you are compliant and knowing you are.
If you are a PMI client and would like to learn more about adding our HR On-Demand subscription, please reach out.
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