Frequently asked I-9 questions

Here is a brief list of common questions about the I-9 process that landscapers from across the country frequently ask:

Can I accept photocopies of documents (e.g., passport, social security card, permanent resident alien card) to satisfy Section 2 of the I-9 Form?
No. Only original documents can be submitted, reviewed, and approved.


Do I have to make photocopies of the documents submitted by employees to complete Section 2 of the I-9 Form?
­No. 


My entire workforce is Caucasian, do I still have to complete the I-9 Forms on them?
­Yes. Every current employee hired after November 6, 1986 must have a completed I-9 Form on file.


My company only has a small number of employees; do I still have to complete the I-9 Forms?
­Yes.


My company uses E-verify; do we still have to complete the I-9 Forms on my employees?
­Yes.


We have an employee who has been with us for 15-20 years; do we have to have an I-9 Form for him?
­If he was hired after November 6, 1986, you must have an I-9 Form for him. Also, his I-9 Form must be checked periodically to ensure his documents have a current expiration date. 
 

Can I fire an employee who does not produce the required I-9 documents or a receipt for an I-9 document within three business days of his start date with us?
­Yes. As long as you apply this same practice uniformly to all employees.


Do I have to complete I-9 Forms on employees who will only work for us during the snow season and then be terminated in the spring time?
­Yes.


Where I can get a copy of the most current I-9 Form?
­The current I-9 Form has an expiration date of 8/31/2012 and can be downloaded from: http://www.uscis.gov/files/form/i-9.pdf.

Can I make a photocopy of an I-9 Form?
 Yes. Make sure you always copy both sides of the I-9 Form.


If I think we have some unauthorized aliens working for us, what should I do?
 Contact your corporate attorney or a qualified human resources professional to discuss appropriate action immediately.  As stated above, if you have personal knowledge that any employee is unauthorized to work in this country, you are in violation of federal law, and face severe penalties.

Best in Class Practices 
In an effort to improve the efficiency, and reduce the company’s financial risk, in managing the I-9 process, here are some best in class practices used by top landscapers across the country.

Audit

• To show a “good faith” effort in complying with the I-9 process, Best in Class companies have an external human resources professional or employment attorney review the their I-9 Forms each year. This objective review can highlight omissions and errors, while demonstrating a clear commitment to self maintenance and quality control. This proactive effort may save the company significant money if it is ever audited by a governmental agency.

Expiration Dates

• Compile a spreadsheet that contains the expiration dates of every employee’s Section 2 documents. This spreadsheet can be sorted and reviewed periodically to ensure that ample advance notice (i.e., 90 days) is given to each employee so s/he can renew any document that will expire during that timeframe. Once the documents are renewed with a new expiration date, Section 3 of the I-9 Form must be completed by the employer.

Consistency

• To reduce the liability associated with potential national origin discrimination, make sure that the I-9 process is always administered consistently across all employees. Do not treat any employee differently, for any reason.