By Jennifer Pawlak
I always get great questions during my webinars, and some follow up questions afterwards, so thanks to all who attended my I-9 Tips, Tricks, and Updates webinar in May and asked questions! If you missed it, you can check it out here. Here are some of the questions and answers from you:
Q: How much notice does ICE give you that you are going to be audited before they come onsite?
A: None.
Q: We have a sizeable union workforce and there are times that during an internal audit their I-9 cannot be found. When asked to complete a new one, the union instructs their members not to do so. What can we do in the event that ICE comes and we do not have one to present?
A: Without getting into the weeds about unions and bargaining, the short answer is that if you’re missing an I-9, you will be fined. (You should also talk to a labor attorney who can help you with the union question specifically!)
Q: What is the I-9 retention rule?
A: The I-9 must be kept for the duration of the employee’s employment. Once they’ve left, you must keep it for 3 years from the date of hire or one year from the date of termination, whichever is longer.
Q: Should a notary use their stamp?
A: This is referring to asking a notary to act as the authorized representative in Section 2 of the I-9. No, the notary should not use their stamp on the form; they’re not acting in a notarial capacity.
Q: Can family members complete Section 2?
A: This is also referring to asking a someone to act as the authorized representative in Section 2 of the I-9. It’s not a great idea, but it’s technically allowable, especially during the pandemic when there were/are fewer options for seeing others outside your immediate family.
Q: What’s the authorized agent rule?
A: Lots of questions about this lately! An employer may designate someone to complete Section 2 on behalf of the employer if the employee can’t get to an office to meet with someone in person. The official answer from USCIS is here. Note especially:
…if an authorized representative fills out Form I-9 on behalf on the employer, the employer is still liable for any violations in connection with the form or the verification process.
That’s it for this installment! Do you have any questions about anything I-9 related? If you’re an “advanced completer” of I-9s, please join me in October for a beyond the basics look into I-9 issues and how to navigate them.