subject: Avoid These Top 5 Form I-9 Mistakes When Hiring Temporary Employees [print this page] When hiring temporary employees, Human Resources managers risk putting their company's E-Verify and Form I-9 compliance in jeopardy if they make any of these common I-9 mistakes.
Mistake 1. Failing to treat I-9s and E-Verify as seriously for temporary employees as you do for permanent, long-term employees. Remember: even though an employee may be only temporary or seasonal, your organization will have to live with that I-9 form for a minimum of three years, and Immigration and Customs Enforcement can fine you up to $1,100 per I-9 form in error.
Mistake 2. Forgetting the 3-day grace period to sign Section 2 does not apply for employees hired to work for less than 3 days. Normally you have until the 3rd day after hiring to complete Section 2 of the I-9, but if the employee is only hired to work 3 days or less, you must complete Section 2 on the first day.
Mistake 3. Accepting a receipt in lieu of an original Section 2 document. Unlike longer-term employees, if an employee is hired to work for 3 days or less, the employer must only accept an original Section 2 document.
Mistake 4. Following inconsistent I-9 practices for re-hiring temporary or seasonal employees. Always be consistent, even across worksites. For example, if you re-hire an employee within 3 years of the initial date of hire, you can either complete a new Form I-9, or update Section 3 of the original Form I-9. Whichever you do for one, do for all.
Mistake 5. Failing to E-Verify all seasonal, temporary or re-hired employees (where/when E-Verify laws apply). You must E-verify all employees working at a worksite that participates in E-Verify, even if the employee is seasonal, temporary or a re-hire. If your organization is a federal contractor and the temp employee is working under the contract, or if state or local E-Verify laws apply to your worksite, you must E-Verify all affected employees, even if they work for 3 days or less.
Stay Timely and Consistent to Stay in Compliance
Using electronic Form I-9 software is a wise business practice that can help mistake-proof your I-9 and E-Verify process. Whether using paper I-9 forms, electronic I-9 software or a combination of both, remember to I-9 and E-Verify temporary employees with the same care and consistency as you do all your employees. This is especially true if your company hires temporary and seasonal workers in large numbers, because such companies draw the most attention for potential auditing by U.S. Immigration and Customs Enforcement (ICE).
For more information about automating and assuring I-9 compliance, please visit http://trackercorp.com or call Tracker Corp at 1-888-411-TRKR.
Avoid These Top 5 Form I-9 Mistakes When Hiring Temporary Employees
