Employers generally know that the I-9 is an important form, and an employer running a serious business knows that, generally, the employer needs to have a new hire complete the I-9 form. However, in many instances, it is not necessary for a new hire to complete the I-9. In some instances, it would actually be more prudent, from the employer’s perspective, for a new hire not to complete the I-9 form. There can be some complex considerations surrounding how to deal with an I-9 for an employer that wants to make sure that it is doing everything legally and also not exposing itself to future lawsuits or actions from people who work, intern, or volunteer at the employer or exposing itself to future lawsuits or actions from US government agencies.
In an effort to help employers figure out a part of I-9 picture, it is worth pointing out which existing employees are subject to the I-9 procedures.
An existing employee will be subject to I-9 verification procedures when the employee indicated on her I-9 form that she does not have indefinite employment authorization. An example of such an employee is an individual who received her work authorization because of DACA. The employer must periodically re-verify that the employee is able to legally work in the US.
Also, an existing employee will be subject to I-9 verification procedures when an audit of the employer’s I-9 records shows deficiencies, which require the employer to follow employment verification procedures again for the existing employees to whom the deficiencies relate.
Still more, an existing employee might be subject to I-9 verification procedures when the employer has acquired, been acquired by, or merged with a another organization and the new business organization/employer wants to ensure that it has sufficiently good I-9 records by doing an employment verification of the employees.
An existing employee may be subject to I-9 verification procedures when her employer has, until the present, failed to comply with IRCA requirements.
There is a lot more to know about whom should be subject to I-9 verification procedures: which new hires should be subject? should interns be subject? what about volunteers? There is a lot to know.