This is our New Hire Resource with info, instructions, form download, posters, and links to more info about Form I-9 & E-Verify.
Form I-9 is a form that all employers in the United States are required to complete for each new employee they hire. The purpose of the form is to verify the identity and employment authorization of the employee. This is important because it helps to ensure that only people who are legally authorized to work in the United States are employed.
This NEW version of Form I-9 was released on August 1, 2023 and will be mandatory as of November 1, 2023. This NEW form is shorter and includes supplemental forms A & B pertaining to specific circumstances.
Form I-9 is divided into two sections:
- Section 1: Employee Information and Attestation. This section is completed by the employee.
- Section 2: Employer Review and Verification. This section is completed by the employer. The employer reviews the employee's photo ID and documentation and attests that they have examined the documents and believe them to be genuine and do relate to the employee. (Make a copy of all of the employee's documentation used to complete Section 2 and retain it with the completed Form I-9.)
- Supplement A: Preparer and/or Translator Certification for Section 1. This form must be completed by anyone who assists an employee in completing Section 1 of Form I-9.
- Supplement B: Reverification and Rehires. This section is completed by the employer for employees who are rehired or whose employment authorization requires reverification.
Remember: A new hire's Social Security Number must be on Form I-9 if you are going to use E-Verify, otherwise it is not required.
Timing: Section 1 should be completed by the employee on their first day of work, but can be completed in advance. Section 2 must be completed within three days of the employee's start date. Employers are required to keep Form I-9 in their records.
There are a number of acceptable documents that an employee can present to verify their identity and employment authorization. The list of acceptable documents is on page 2 of Form I-9.
Watch Video: Employee Rights and Form I-9
Watch the Video: 5 Most Asked Questions About Form I-9
Download the Form I-9 Checklist for new hires.
In Florida, all employers with 25+ employees are required to use the E-Verify program for all new hires after July 1, 2023. In the E-Verify process, employers create cases based on information taken from an employee’s Form I-9. E-Verify then electronically compares that information to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA). The data from Form I-9 is what you'll need to complete the E-Verify process for that new hire. OMS does provide assistance with the E-Verify set-up and case management, additional charges may apply.
In Florida, all employers with 25+ employees must complete an E-Verify for each new hire that started on or after July 1, 2023.
E-Verify is a free online system that allows employers to check the employment eligibility of new hires against government records. If E-Verify finds that a new hire is not authorized to work in the United States, the employer must take steps to terminate the employee.
1. If you're handling E-Verify on your own (not through OMS), enroll your business by going to https://www.e-verify.gov/ and set up your free account, designate the Point of Contact for your business, enter company details, and review and agree to the Memorandum of Understanding. E-Verify Checklist
2. For each new hire, create a new case in the E-Verify system. This will only take a few minutes per new case. You'll need that individual's information from Section 1 of their completed Form I-9. The earliest an E-Verify case may be created is after an individual accepts an offer of employment and the employee and employer complete Form I-9. The case must be created no later than the end of 3 business days after the new hire's first day of employment.
3. Photo Matching: During the verification process the E-Verify system will display a photo of the individual in your new case. It's your job to compare the displayed photo to the copy of their photo ID that you made. Choose the appropriate response to continue.
4. Review and submit the case.
5. Case Results: The employer usually receives a response within a few seconds either confirming the employee’s employment eligibility or indicating that the employee needs to take further action to complete the case.
6. If the employee doesn't complete the extra steps necessary with a tentative non-confirmation status, the case status will change to Final Non-confirmation, and they must be terminated.
Some E-Verify and Form I-9 free webinars are eligible for professional development credits (PDC) through the Society for Human Resource Management (SHRM) and the Human Resource Certification Institute (HRCI).
If you use E-Verify, these posters must be displayed in your place of business.