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Failing to timely complete an I-9 for employee or doing a really bad job of it can result in fines of $110 to over $1000 per employee for the first infraction. These fines impact large and small business alike.
Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.
The Fair Labor Standards Act (FLSA) requires employers to pay an employee who performs work, even if the employee is found to be unauthorized to work in the U.S. or quits employment prior to completing the I-9 form.
An authorized representative can be anyone even a friend or family member of a new hire who reviews a new hire's Form I-9 documents in-person and signs Section 2 of the Form I-9 on behalf of the employer.
A. If an employee is unable to present the required document or documents within 3 business days of the date employment begins, the employee must produce a receipt showing that he or she has applied for the document. In addition, the employee must present the actual document to you within 90 days of the hire.
Employees rehired three years after you originally completed their Form I-9 must complete a new Form I-9.
For remote hires, employers may designate an authorized representative to fill out Forms I-9 on behalf of the company. This can be any person, such as a personnel officer, foreman, agent, or notary public.
If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.
The employer must complete Section 2 of Form I-9 by the end of the third business day, or within 72 hours after employment commences, even if the employee is not scheduled to work for some or all of that period.
On Jan. 31, 2020, USCIS published the Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification, that the Office of Management and Budget approved on Oct.