Introduction
I-9 Section 3 is a section of the Employment Eligibility Verification form that is used to update and reverify an employee’s work authorization status. This section is completed by employers when an employee’s work authorization has expired or needs to be updated. It is important for employers to comply with I-9 Section 3 requirements to ensure that their employees are authorized to work in the United States.
Introduction to I-9 Section 3
The I-9 form is a crucial document that every employer in the United States must complete for each employee they hire. The purpose of this form is to verify an employee’s identity and eligibility to work in the country. Section 3 of the I-9 form is particularly important as it deals with re-verification of employment authorization.
Section 3 of the I-9 form comes into play when an employee’s work authorization expires, and they need to provide updated documentation to continue working legally in the United States. Employers are required to complete Section 3 within three business days of the employee’s work authorization expiration date.
It is essential to note that not all employees will require re-verification. Only those who have temporary work authorization, such as those with an Employment Authorization Document (EAD), will need to be re-verified. Employees who are permanent residents or U.S. citizens do not require re-verification.
When completing Section 3, employers must ensure that they use the most current version of the I-9 form. They must also ensure that they fill out the section accurately and completely. Failure to do so can result in penalties and fines.
Employers must ask the employee to present their new work authorization documents and record the information on the I-9 form. The employee can present any document from List A or a combination of documents from List B and C. Employers must examine the documents presented by the employee to ensure that they are genuine and relate to the employee presenting them.
If the employee cannot provide updated work authorization documents, the employer must terminate their employment immediately. Continuing to employ someone without valid work authorization can result in severe penalties and fines for the employer.
It is worth noting that employers are not required to re-verify an employee’s work authorization if they have been automatically extended by the government. For example, if an employee has an EAD that is due to expire, but they have applied for an extension, they can continue to work for up to 180 days while their application is being processed. During this time, the employer does not need to re-verify their work authorization.
In conclusion, Section 3 of the I-9 form is a critical component of the employment verification process. Employers must ensure that they complete this section accurately and within the required timeframe. Re-verification of work authorization is only necessary for employees with temporary work authorization, and employers must ensure that they examine the documents presented by the employee carefully. Failure to comply with these requirements can result in significant penalties and fines for the employer.
Understanding the Purpose of I-9 Section 3
The I-9 form is a crucial document that every employer in the United States must complete for each employee they hire. The purpose of this form is to verify an employee’s identity and eligibility to work in the country. Section 3 of the I-9 form is an important part of the process, as it deals with re-verification of employment authorization.
Section 3 of the I-9 form is used when an employee’s work authorization has expired or needs to be re-verified. This section is only completed by the employer, not the employee. It is important to note that Section 3 should only be completed if the employee is still working for the same employer and their original I-9 form is still valid.
When completing Section 3, the employer must review the employee’s documentation to ensure that they are still authorized to work in the United States. The employer must also record the date of re-verification and sign the form. If the employee’s work authorization has been extended, the employer must record the new expiration date on the form.
It is important for employers to understand the purpose of Section 3 and to complete it accurately and timely. Failure to do so can result in penalties and fines from the government. Employers should also keep in mind that they cannot discriminate against employees based on their citizenship status or national origin.
Employers should also be aware that there are certain situations where Section 3 may not be necessary. For example, if an employee is a U.S. citizen or permanent resident, they do not need to have their work authorization re-verified. Additionally, if an employee is on a temporary work visa, such as an H-1B visa, their work authorization will expire on the date listed on their visa, and Section 3 should be completed accordingly.
Another situation where Section 3 may not be necessary is if an employee has a pending application for an extension of their work authorization. In this case, the employer can continue to employ the employee for up to 180 days while the application is pending. If the application is approved within that time frame, the employer does not need to complete Section 3. However, if the application is denied, the employer must terminate the employee’s employment or re-verify their work authorization using Section 3.
In conclusion, Section 3 of the I-9 form is an important part of the employment verification process. Employers must understand its purpose and complete it accurately and timely to avoid penalties and fines. Employers should also be aware of situations where Section 3 may not be necessary and follow the appropriate procedures accordingly. By following these guidelines, employers can ensure that they are in compliance with federal immigration laws and regulations.
How to Complete I-9 Section 3
The I-9 form is a crucial document that employers must complete for all new hires. It verifies the identity and employment authorization of individuals hired to work in the United States. Section 3 of the I-9 form is used to update and reverify information about an employee’s work authorization.
Employers are required to complete Section 3 when an employee’s work authorization expires or when their name changes due to marriage or other reasons. Employers must also complete Section 3 if an employee is rehired within three years of the date on the original I-9 form.
To complete Section 3, employers must first ensure that they have the correct version of the I-9 form. The current version of the form is dated 10/21/2019, and it can be found on the U.S. Citizenship and Immigration Services (USCIS) website.
Next, employers must enter the employee’s name and the date of hire in the appropriate fields. If the employee’s name has changed since the original I-9 form was completed, the employer must enter both the old and new names in the appropriate fields.
In the next section, employers must indicate whether the employee’s work authorization has expired or will expire soon. If the employee’s work authorization has expired, the employer must enter the expiration date in the appropriate field. If the employee’s work authorization will expire soon, the employer must enter the expiration date in the appropriate field and indicate that a reverification will be necessary.
If the employee has been rehired within three years of the date on the original I-9 form, the employer must enter the date of rehire in the appropriate field and indicate whether the employee’s work authorization has expired or will expire soon.
Finally, the employer must sign and date Section 3, indicating that they have reviewed the employee’s documentation and that it appears to be genuine and relates to the individual presenting it.
It is important for employers to complete Section 3 in a timely manner to avoid any potential penalties or fines. Employers should also keep a copy of the updated I-9 form with Section 3 completed in the employee’s personnel file.
In addition to completing Section 3, employers should also periodically review their employees’ work authorization documents to ensure that they remain valid. Employers should also be aware of any changes to immigration laws or regulations that may affect their employees’ work authorization.
In conclusion, completing Section 3 of the I-9 form is an important responsibility for employers. By following the proper procedures and keeping accurate records, employers can ensure that they are in compliance with federal immigration laws and regulations. Employers should also stay informed about any changes to these laws and regulations to ensure that they are taking the necessary steps to protect their business and their employees.
Common Mistakes to Avoid in I-9 Section 3
I-9 Section 3 is a crucial part of the employment eligibility verification process. It requires employers to reverify the work authorization of their employees who have temporary work permits or whose work authorization has expired. However, many employers make mistakes in completing this section, which can lead to penalties and legal issues. In this article, we will discuss some common mistakes to avoid in I-9 Section 3.
The first mistake that employers often make is failing to complete Section 3 on time. Employers must reverify the work authorization of their employees before the expiration date of their current work permit. If they fail to do so, they may be subject to fines and penalties. Therefore, it is essential to keep track of the expiration dates of your employees’ work permits and complete Section 3 on time.
Another mistake that employers make is not using the correct version of Form I-9. USCIS updates the form periodically, and employers must use the most recent version. Using an outdated form can result in errors and inconsistencies in the verification process. Therefore, it is crucial to check the USCIS website regularly and download the latest version of the form.
Incomplete or incorrect information is another common mistake in I-9 Section 3. Employers must ensure that all fields are completed accurately and legibly. They should also double-check the information provided by the employee, such as their name, date of birth, and social security number. Any errors or omissions can lead to delays in the verification process and potential legal issues.
Employers must also be careful when verifying the work authorization of their employees. They should review the employee’s new work permit and compare it to the information provided in Section 1. If there are any discrepancies, they should ask the employee to provide additional documentation to clarify the situation. Employers should also ensure that the work permit is valid and has not been altered or tampered with.
One mistake that employers often overlook is retaining the I-9 forms for the required period. Employers must keep the I-9 forms for each employee for at least three years after the date of hire or one year after the termination of employment, whichever is later. Failure to retain these forms can result in penalties and legal issues.
Finally, employers must ensure that they follow the same procedures for all employees. Discrimination based on race, ethnicity, national origin, or citizenship status is illegal. Therefore, employers must treat all employees equally and verify their work authorization in the same manner.
In conclusion, completing I-9 Section 3 correctly is essential for employers to comply with federal regulations and avoid legal issues. Employers must ensure that they complete Section 3 on time, use the correct version of the form, provide accurate and complete information, verify work authorization correctly, retain the forms for the required period, and treat all employees equally. By avoiding these common mistakes, employers can ensure a smooth and compliant employment eligibility verification process.
Best Practices for Maintaining I-9 Section 3 Records
As an employer, it is your responsibility to ensure that all employees are authorized to work in the United States. This means that you must complete and maintain Form I-9 for each employee. Section 3 of the form is used to update and reverify employment authorization when an employee’s work authorization expires.
Maintaining accurate and up-to-date records in Section 3 is crucial to staying compliant with federal regulations. Here are some best practices for maintaining I-9 Section 3 records:
1. Keep track of expiration dates
It is important to keep track of when an employee’s work authorization is set to expire. You should have a system in place to remind you when it is time to reverify their employment authorization. This can be done manually or through an electronic system.
2. Use the most current version of the form
USCIS updates Form I-9 periodically, so it is important to make sure you are using the most current version. Using an outdated form could result in errors or noncompliance.
3. Complete Section 3 in a timely manner
Section 3 should be completed within 3 business days of the employee’s work authorization expiring. It is important to complete this section in a timely manner to avoid any potential penalties or fines.
4. Keep Section 3 separate from the original I-9
Section 3 should be kept separate from the original I-9 form. This will make it easier to locate and update when necessary. It is also important to keep Section 3 confidential and secure.
5. Retain Section 3 for as long as the employee is employed
Section 3 should be retained for as long as the employee is employed with your company. Once the employee is no longer employed, you must retain the I-9 form and Section 3 for the required retention period.
6. Conduct regular audits
Regularly auditing your I-9 forms can help identify any errors or missing information. This can help prevent potential fines or penalties for noncompliance. Audits should include a review of Section 3 to ensure that all reverification has been completed accurately and on time.
7. Train HR staff on proper procedures
Proper training for HR staff on I-9 compliance and procedures is essential. This will help ensure that all forms are completed accurately and on time. Training should include specific instructions on how to complete Section 3 and how to properly store and retain I-9 forms.
In conclusion, maintaining accurate and up-to-date records in I-9 Section 3 is crucial to staying compliant with federal regulations. By following these best practices, you can help ensure that your company remains in compliance and avoids potential fines or penalties. Remember to keep track of expiration dates, use the most current version of the form, complete Section 3 in a timely manner, keep Section 3 separate from the original I-9, retain Section 3 for as long as the employee is employed, conduct regular audits, and train HR staff on proper procedures.
How to Correct Errors in I-9 Section 3
I-9 Section 3 is a crucial part of the employment eligibility verification process. It requires employers to reverify an employee’s work authorization when their employment authorization document (EAD) expires. However, mistakes can happen during this process, and it is important for employers to know how to correct errors in I-9 Section 3.
The first step in correcting errors in I-9 Section 3 is to identify the mistake. Employers should review the employee’s original I-9 form and compare it to the new documentation provided during reverification. If there are any discrepancies or errors, they should be noted and corrected as soon as possible.
Once the error has been identified, the employer should complete a new Section 3 of the I-9 form. The new Section 3 should include the correct information and be signed and dated by both the employer and the employee. The employer should also attach a note explaining the reason for the correction and the date it was made.
If the error was due to incorrect information provided by the employee, the employer should ask the employee to provide the correct information and complete a new Section 3. If the error was due to the employer’s mistake, the employer should take responsibility for the error and correct it immediately.
It is important to note that employers should not backdate any corrections to the I-9 form. All corrections should be made on the day they are discovered and should be dated accordingly. Backdating corrections can lead to serious legal consequences and should be avoided at all costs.
Employers should also keep a record of all corrections made to the I-9 form. This record should include the date of the correction, the reason for the correction, and the name of the person who made the correction. This record should be kept with the original I-9 form and should be available for inspection by government officials if necessary.
In some cases, errors in I-9 Section 3 may require additional action. For example, if an employee’s EAD has expired and they are unable to provide a new one, the employer may need to terminate their employment. Employers should consult with an immigration attorney or HR professional to ensure that they are following all applicable laws and regulations.
In conclusion, correcting errors in I-9 Section 3 is an important part of the employment eligibility verification process. Employers should take care to identify and correct any errors as soon as possible, and should keep a record of all corrections made. By following these guidelines, employers can ensure that they are in compliance with all applicable laws and regulations and avoid potential legal consequences.
Tips for Auditing I-9 Section 3 Compliance
As an employer, it is your responsibility to ensure that all employees are authorized to work in the United States. This means that you must complete and maintain Form I-9 for each employee, verifying their identity and employment eligibility. One of the most critical sections of the form is Section 3, which requires employers to reverify an employee’s work authorization when their employment authorization expires.
Auditing I-9 Section 3 compliance is essential to avoid penalties and fines from the government. Here are some tips to help you ensure that your company is complying with Section 3 requirements:
1. Establish a Systematic Process
The first step in auditing I-9 Section 3 compliance is to establish a systematic process for tracking employee work authorizations. You should have a system in place to remind you when an employee’s work authorization is about to expire so that you can initiate the reverification process in a timely manner.
2. Train Your HR Staff
Your HR staff should be trained on how to properly complete and maintain Form I-9, including Section 3. They should understand the importance of verifying work authorization and the consequences of non-compliance. Regular training sessions can help ensure that your HR staff is up-to-date on any changes to the I-9 form or regulations.
3. Conduct Regular Audits
Conducting regular audits of your I-9 forms can help identify any errors or omissions in Section 3. You should review all completed I-9 forms to ensure that they are accurate and up-to-date. Any discrepancies or missing information should be addressed immediately.
4. Use E-Verify
E-Verify is an online system that allows employers to verify the employment eligibility of new hires. While it is not mandatory for all employers, using E-Verify can help ensure that your company is complying with Section 3 requirements. E-Verify can also help reduce the risk of hiring unauthorized workers.
5. Keep Accurate Records
It is essential to keep accurate records of all I-9 forms and supporting documentation. You should maintain a separate file for each employee’s I-9 form and keep them organized and easily accessible. In the event of an audit, having accurate records can help demonstrate your company’s compliance with Section 3 requirements.
6. Seek Professional Help
If you are unsure about how to comply with Section 3 requirements or need assistance with auditing your I-9 forms, seek professional help. An immigration attorney or HR consultant can provide guidance and support to ensure that your company is complying with all applicable regulations.
In conclusion, auditing I-9 Section 3 compliance is crucial for employers to avoid penalties and fines. By establishing a systematic process, training your HR staff, conducting regular audits, using E-Verify, keeping accurate records, and seeking professional help, you can ensure that your company is complying with Section 3 requirements. Remember, compliance is not optional – it is a legal requirement that must be taken seriously.
Changes and Updates to I-9 Section 3 Requirements
The I-9 form is a crucial document that employers must complete for each employee they hire. It verifies the identity and employment authorization of individuals hired to work in the United States. Section 3 of the I-9 form is used to update and reverify an employee’s information when their work authorization expires or changes.
Recently, there have been some changes and updates to the requirements for completing Section 3 of the I-9 form. These changes are important for employers to be aware of to ensure compliance with federal regulations.
One significant change is the elimination of the requirement to complete a new Form I-9 when only Section 3 needs to be updated. Previously, employers were required to complete a new Form I-9 every time an employee’s work authorization expired or changed. However, this created unnecessary paperwork and administrative burdens for both employers and employees.
Now, employers can simply complete Section 3 of the existing Form I-9 to update an employee’s information. This change streamlines the process and reduces the amount of paperwork required.
Another update to Section 3 involves the acceptable documents that can be used to verify an employee’s work authorization. The Department of Homeland Security (DHS) has added several new documents to the list of acceptable forms of identification.
These new documents include:
– A foreign passport with an I-551 stamp
– A foreign passport with a Form I-94 containing an endorsement of the alien’s nonimmigrant status
– A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
Employers should familiarize themselves with these new documents and ensure that they are accepting the correct forms of identification when completing Section 3 of the I-9 form.
It’s also important to note that employers must complete Section 3 within 3 business days of an employee’s work authorization expiring or changing. Failure to do so can result in penalties and fines for noncompliance.
In addition to these changes, employers should also be aware of the importance of maintaining accurate and up-to-date records for all employees. This includes keeping copies of all I-9 forms on file for at least three years after the date of hire or one year after the date of termination, whichever is later.
Employers should also conduct regular audits of their I-9 forms to ensure that they are completed correctly and that all necessary updates have been made in a timely manner.
In conclusion, changes and updates to Section 3 of the I-9 form are important for employers to be aware of to ensure compliance with federal regulations. By staying informed and following the proper procedures, employers can avoid penalties and fines and maintain a strong record of compliance with immigration laws.
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