Introduction
Hiring the right employee goes beyond finding the best-fit candidate; it also involves complying with U.S. immigration laws to ensure that all new hires are authorized to work in the United States. To ensure compliance with these laws, an I-9 representative is often designated by the employer to manage the I-9 verification process. This article explains the essential role of the I-9 representative, why they are needed, and the key responsibilities they must fulfill.
What Is the I-9 Form and Why Is It Required?
The I-9 form is a legally required document for employers in the U.S. that verifies the identity and employment eligibility of individuals hired for employment. Employers are required by law to ensure that every new hire completes this form, providing proof of their eligibility to work in the country. Section 1 of the form is filled out by the employee, while Section 2 is completed by the employer or an authorized representative, which is where the I-9 representative comes into play.
Failure to properly complete the I-9 form could result in severe penalties for the employer, ranging from fines to criminal charges in cases of intentional violations. As a result, it’s vital for businesses to understand the importance of appointing a reliable I-9 representative.
The Key Responsibilities of an I-9 Representative
Verifying Employee Documents
The primary duty of an I-9 representative is to verify the documents presented by the employee to establish their eligibility to work in the U.S. Employees must present either one document from List A or a combination of documents from List B and List C.
List A documents include items such as U.S. passports and permanent resident cards, while List B contains documents such as state-issued driver’s licenses, and List C includes documents like Social Security cards.
The I-9 representative’s job is to ensure that these documents are authentic, unaltered, and within their valid date range. They should check the photos, the details, and ensure that all required fields are completed. For example, an I-9 representative should verify that a Social Security card or passport is not expired and that all text is legible.
Completing Section 2 of the I-9 Form
Once the documents have been verified, the I-9 representative is responsible for completing Section 2 of the I-9 form. This section includes details about the documents provided, such as document type, issuing authority, document numbers, and expiration dates. The representative signs and dates the section to certify that they have verified the employee’s eligibility to work.
The Importance of an I-9 Representative
Ensuring Compliance with Federal Law
By appointing an I-9 representative, employers ensure that they are following the law by properly completing the I-9 forms for all new hires. As part of their duty, the I-9 representative helps the employer maintain accurate records that can be crucial in case of audits or inspections by U.S. Immigration and Customs Enforcement (ICE).
Minimizing Legal Risks
Non-compliance with I-9 requirements can lead to hefty fines and legal action. If ICE conducts an audit and finds that the I-9 forms are incomplete or incorrect, the employer may face fines of hundreds or even thousands of dollars for each violation. The I-9 representative plays a crucial role in minimizing these risks by ensuring that the documents are properly reviewed and that all information is accurately recorded.
Reducing the Risk of Discrimination
The I-9 representative also plays a key role in ensuring that employees are treated fairly during the verification process. U.S. employers must not discriminate based on national origin, citizenship status, or accent when conducting the I-9 verification. The I-9 representative ensures that the process is impartial and consistent for all employees, thereby minimizing the risk of legal action for discrimination.
Who Can Be an I-9 Representative?
An I-9 representative doesn’t need to be a U.S. citizen or immigration expert, but they must be someone who is trusted by the employer to handle the process accurately and efficiently. This can include:
- Human resources professionals
- Hiring managers
- External contractors who specialize in I-9 verification
It’s essential that the I-9 representative is familiar with the requirements of the I-9 process and the documentation needed. In addition, the representative should be knowledgeable about the timing requirements, as the I-9 form must be completed within three days of the employee’s hire date.
Conclusion
The role of the I-9 representative is vital to ensuring that employers comply with federal laws surrounding employment eligibility. By accurately verifying documents and completing Section 2 of the I-9 form, they help minimize the risk of legal penalties and protect businesses from costly mistakes. Appointing a qualified I-9 representative ensures that the hiring process is both compliant and fair for all new employees.
