Form I-9
Federal law requires every employer, including congregations, to have a valid Form I-9 on file for every employee. This seemingly simple form is a big headache for employers because there are so many ways to get it wrong.
Under the Immigration Reform and Control Act of 1986, all employees hired after 6 November 1986 are required to submit documentation verifying their eligibility to work in the United States. There are no exceptions for clergy, or for people whose families have been in Maryland since the Anglican Church was established here in 1692!
If your congregation didn’t sign up every new employee on his or her first day, it’s not too late. It is important to get these completed as soon as possible.
The I-9 forms can be found online at www.uscis.gov/files/form/I-9.pdf The instructions must be printed along with the form itself.
The employee should complete Section 1 of Form I-9. After the employee has signed Section 1, the employer should inspect and verify the documentation the employee produces, then complete and sign Section 2.
A list of acceptable documents that verify identity and employment eligibility is found with the Form I-9. The employer may not require only certain documents, nor accept documents not found on the list.
As mentioned above, there are numerous ways to invalidate the Form I-9.
- This is a legal document, so only blue or black ink should be used. If a mistake is made, a new form should be completed. (Like a will, the use of correction fluid or a scratch-through makes the document suspicious.)
- The employer must accept either one document from List A or one each from List B and List C. If the List A is used, it is illegal to complete either List B or List C.
- It is illegal to accept a document not listed.
- If an employer only has I-9s on file for certain categories of people, it may be found guilty of discrimination based on national origin. For example, it is illegal to collect information only for people with Latino surnames or people who speak with an accent not traditionally found in Maryland.
- It is illegal to ask for documentation or complete a form for an employee who has worked for the congregation since before 6 November 1986.
- It is illegal to request certain types of documentation. An employer has to accept what the employee offers. For instance, one document from List A is a U.S. passport; it is illegal to insist on a driver’s license from List B.
If you’re thinking this can’t possibly be worth the headaches, you should know there are fines for failing to collect I-9 forms, even if every employee of the congregation is a U.S. citizen. As of 2008, the fines range from $110 to $11,000.
If there’s any good news, it’s that the forms do not have to be filed with a government agency like Homeland Security. Instead, the I-9s should be kept together in a file or binder -- separate from the rest of the personnel files. Because these contain confidential information -- including Social Security numbers -- they must be kept private and in a secure place.
Congregations are advised to photocopy the documents employees produce when completing the Form I-9. (Do not discriminate by photocopying documents from only certain employees.) These photocopies should be attached to the Form I-9 and kept in the binder or file for all I-9s. This is not required by law, but may serve to prove the congregation’s good intent in the event of an audit by the government.
After a person is no longer employed, the law requires that the form be kept by the congregation “for three years after the date employment begins, or one year after the date the person’s employment is terminated, whichever is later.”
To download a copy of the U.S. Department of Homeland Security’s “Handbook for Employers” with these rules and many more, go to http://www.uscis.gov/files/nativedocuments/m-274.pdf.
Any questions about Form I-9 or other personnel policies should be directed to the Rev. Stuart Wright, Director of Human Resources.