The I-9 Expertise Quiz: Round 2
By Ben Opp, SPHR, HR Hotline Advisor
Published April 14, 2024
Had Ben Franklin lived into the 1980s, I’m sure he would have amended his famous pair of certainties – death and taxes – to include I-9 questions! Please enjoy testing your knowledge of a few more challenging situations.
Q: During a self-audit, you discover that you have no I-9 on file for an employee who has been continuously employed since their hire in 1978. What do you do next?
No worries! The I-9 didn’t exist until the passage of the Immigration Reform and Control Act (IRCA) in 1986. Because the law and form didn’t exist when this employee was hired, you are not required to have an I-9 on file for them. For completeness in case of an audit, you could insert a note into your I-9 binder in the alpha-order spot where the I-9 would otherwise appear, indicating their hire date and explaining the absence of the I-9.
Q: You’re re-hiring an employee who resigned just a few weeks ago. What do you do about their I-9?
When re-hiring an employee within 3 years of separation, you can either complete Supplement B, Reverification and Rehire (formerly known as Section 3) or complete a brand new I-9. If you choose to use the supplement, you should only re-examine the employee’s work authorization document if the previously presented document has expired. If three years or more have passed, you must complete a new I-9 form. More details are available from USCIS.
Q: You’re hiring a new employee who is in the midst of a gender transition. Their identity and work authorization documents show their legal name, but they are using a new chosen name. How should the I-9 be completed?
Ensure the employee’s legal name is on the I-9 and in your payroll system – it is critical that the name and Social Security number match in order for the employee to receive credit for their work in the Social Security system. However, you should use the employee’s chosen name in all outward facing systems and communication, such as their work email address and signature, and when introducing the new employee to your organization.
Q: Your employee has legally changed their name due to a marriage, divorce, gender transition, or other reason. What do you do with their I-9 form?
The USCIS recommends that employers review documentation of the name change and update the I-9 in this situation, though they do not require either of these steps. Whether you choose to update the form or not, ensure you act consistently and treat all name changes in the same manner. More details are available in a prior article and from USCIS.
If you’re like me and love a juicy I-9 question, go back and take Round 1 of this quiz! And as always, HR Source members needing help with a tricky I-9 issue can “dial I-911” for help by reaching out to our HR Hotline Online or at 800-448-4584.