Unlocking the Secrets of I-9 Section 3: A Comprehensive Guide
If you’re an employer in the United States, you’re likely familiar with Form I-9, the essential document used to verify the identity and eligibility of your employees to work in the country. Within this crucial form lies Section 3, a part that deals specifically with re-verifying an employee’s work authorization. In this comprehensive guide, we’ll delve into the intricacies of I-9 Section 3, exploring its significance, common mistakes to avoid, best practices for compliance, and recent updates that you need to be aware of.
Understanding I-9 Section 3: The Basics
What is I-9 Section 3 and When is it Necessary?
- I-9 Section 3 comes into play when an employee’s work authorization has expired or needs to be re-verified.
- Employers must complete Section 3 within three business days of the employee’s work authorization expiration date.
Who Requires Re-verification?
- Re-verification is only necessary for employees with temporary work authorization, such as those with an Employment Authorization Document (EAD).
- Permanent residents or U.S. citizens do not require re-verification.
The Role of Employers in Section 3: Key Responsibilities
- Employers must use the most current version of the I-9 form.
- Accuracy and completeness are paramount; failure to comply can result in penalties and fines.
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Navigating Financial Stability at $35 an Hour: A Roadmap
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Best Practices for Maintaining I-9 Section 3 Records
1. Keep track of expiration dates
- Employers should have a system to remind them when an employee’s work authorization is set to expire.
2. Use the most current version of the form
- Regularly check the USCIS website for updates to ensure compliance with the latest version of the I-9 form.
3. Complete Section 3 in a timely manner
- Ensure Section 3 is completed within 3 business days of an employee’s work authorization expiration.
4. Keep Section 3 separate from the original I-9
- Maintain a separate and confidential file for Section 3 to ease accessibility and ensure security.
5. Retain Section 3 for as long as the employee is employed
- Section 3 should be retained for the entire duration of the employee’s tenure and the required retention period thereafter.
6. Conduct regular audits
- Regularly review I-9 forms to identify and rectify errors promptly, ensuring compliance with regulations.
7. Train HR staff on proper procedures
- Provide regular training to HR staff to keep them informed about I-9 compliance and any updates.
Recent Changes and Updates to I-9 Section 3 Requirements
1. Streamlining the Process: Elimination of New Form Requirement
- Employers can now update Section 3 without completing an entirely new Form I-9, reducing administrative burden.
2. Expansion of Acceptable Documents
- New documents, including a foreign passport with an I-551 stamp, have been added to the list of acceptable forms for work authorization verification.
3. Strict Adherence to Timelines
- Employers must complete Section 3 within 3 business days of an employee’s work authorization expiring or changing.