Employers must also ensure that employees have access to the Form I-9 Instructions for completing Form I-9, by providing them either a hard copy or a hyperlink. Employers must retain all completed pages of the Form I-9 for a designated period and make them available for inspection by authorized government officers.

Only employers located in Puerto Rico may complete the Spanish-language version of Form I-9 instead of the English-language version. Any employer may use the Spanish-language form and instructions as a translation tool.

Form I-9 is a fillable form, which means you can type your answers directly on the form instead of printing a blank form and writing your answers by hand. Form I-9 may be generated, signed, and retained electronically, in compliance with Department of Homeland Security (DHS) regulations at 8 CFR section 274a.2. 

Both employers and employees will still need to print the completed sections of the form to sign them manually, unless the employer chooses to upload the form to an electronic signature solution, like Clear I-9, which complies with these regulations, to have all parties sign electronically.

Are you risking costly penalties for non-compliance with I-9 regulations? Recent events among high-profile employers like SpaceX and Hooters, highlight the importance of having a simplified I-9 process to keep you penalty-free.

SpaceX — In a recent lawsuit between the Department of Justice (DOJ) and SpaceX, the DOJ alleged that the company violated the Immigration and Nationality Act (INA) through its hiring practices. The potential consequences if SpaceX continues to violate the INA, include cease and desist orders, civil penalties, and financial restitution. The DOJ is also asking that SpaceX implement fair consideration for affected applicants and has mandated hiring of qualified victims.

Hooters — A recent settlement announced by the DOJ reveals that Florida-based Destin Wings LLC, operating as Hooters of Destin, also violated the INA by discriminating against a non-U.S. citizen during the employment eligibility verification process. The DOJ's investigation stemmed from a complaint by a non-U.S. citizen worker who faced discrimination as Destin Wings refused to accept her valid documentation, demanding additional paperwork. 

The settlement mandates Destin Wings to pay a civil penalty, provide back pay to the affected worker, conduct staff training on the INA's anti-discrimination provision, and undergo departmental monitoring for three years. 

High-Profile Employers Aren’t the Only Ones on the DOJ’s Radar

Staffing Agency — The Justice Department recently announced a settlement with a Minnesota-based staffing agency, resolving allegations of routine discrimination against non-U.S. citizen workers in the employment eligibility verification process. The DOJ's investigation revealed that the staffing agency unlawfully demanded specific documents from non-U.S. citizens, violating the INA's prohibition on such practices based on citizenship, immigration status, or national origin. 

As a result, the settlement requires the agency to pay a $250,000 civil penalty, allocate $100,000 for a back pay fund, conduct staff training on the INA's anti-discrimination provision, modify policies, and adhere to quarterly reporting. This case emphasizes the DOJ's commitment to eliminating barriers to employment and ensuring compliance with anti-discrimination provisions.

These examples showcase the significant implications for employers involved in discriminatory hiring practices. The potential outcomes, including civil penalties and financial restitution, underscore the importance for employers to prioritize non-discriminatory practices in their hiring processes. 

The evolving nature of discrimination lawsuits highlights the complexities employers face in navigating immigration and hiring regulations. Clear I-9 is your ally in this compliance battle, offering a comprehensive solution for error-free I-9 management.

Take the guesswork out of completing Form I-9s with Clear I-9’s step-by-step guidance and easy-to-use workflows. Clear I-9 streamlines the employee Form I-9 completion process by providing a comprehensive and electronic solution for Form I-9 compliance. 

Employers can use Clear I-9 to generate, sign, and retain the forms electronically, aligning with DHS regulations. This eliminates the need for manual handling of paper forms, allowing for a more efficient and error-free verification process.

With Clear I-9, businesses can ensure compliance quickly at a fraction of what it would cost to pay fines if there were an error. The platform guides the user through completion of all sections of the form, eliminating “obvious” errors in the process and providing consistency, excellent tracking of the form and related documents, updates, and expirations in real-time. The customizable dashboard, I-9 audit trails, and robust tracking and reporting capabilities contribute to a more streamlined and timesaving employee verification experience.