What’s an I-9 Authorized Representative?  - Employer Services Insights (2024)

As an employer, one of your top requirements is ensuring compliance with various state and federal regulations. One of the key compliance regulations is ensuring the staff you hire are legally eligible to work in the United States. To ensure your team is authorized to be employed in America, employers must fill out Form I-9, which is an employment eligibility verification form. Each company should consider having an I-9 authorized representative when completing and verifying these forms.

But what is an authorized representative for I-9, and why do I need an authorized representative for I-9? These are some of the top questions many employers have verifying their staff’s employment eligibility. In this guide, we’ll break down key information, such as the purpose and significance of Form I-9, what an authorized agent for I-9 is, the benefits of having an authorized representative and more. Keep reading to find answers to these frequently asked questions and ensure you’re in compliance with federal requirements.

Purpose and Significance of the I-9 Form

Form I-9, Employment Eligibility Verification, is used by the United States Citizenship and Immigration Services (USCIS) to verify the employment eligibility of workers in the U.S. Form I-9 became mandated by the Immigration Reform and Control Act of 1986 to ensure all employees being paid to work in the country have legal authorization. Overall, the primary purpose of Form I-9 is to prevent the employment of individuals who are not authorized to work, such as unauthorized immigrants.

However, there’s more significance to Form I-9 than ensuring employment authorization. Below are additional reasons why I-9 forms are significant:

• Compliance: Form I-9 is also used to ensure employers remain compliant with U.S. immigration laws, as this form is required to be completed for every new hire.
• Discrimination prevention: Completing Form I-9 helps prevent discrimination during the hiring process, as employers are not allowed to make hiring decisions based on an individual’s national origin, citizenship or immigration status, as well as other personal background characteristics.
• Recordkeeping: Another reason Form I-9 is important is because it serves as a key document for recordkeeping purposes. Form I-9 records serve as proof of compliance with immigration laws, as they are subject to inspection by government agencies like USCIS and the U.S. Immigration and Customs Enforcement (ICE).

All employers are required to complete Form I-9 for each new employee hired. Form I-9 isn’t required to be submitted to USCIS or ICE. Instead, employers must retain a copy of an employee’s I-9 form for three years after the date of hire, or one year after the date employment ends, whichever is later. Maintaining records is crucial, as the U.S. Department of Labor (DOL), U.S. Department of Justice (DOJ), U.S. Department of Homeland Security, ICE or USCIS may conduct an inspection upon request. An employer can face penalties and fines if an I-9 form isn’t produced during an I-9 audit.

What Is an Authorized Representative?

Now that you understand what Form I-9 is and why it’s important to ensure all paid employees in the U.S. are authorized to work, it’s important to know the role of an authorized agent for I-9. What is an authorized agent for I-9? Put simply, an I-9 authorized agent, also known as an authorized representative for I-9, is an individual who assists in completing, updating or making corrections to I-9 forms.

Form I-9 has two sections. Section 1 must be completed at the time of hire, which is the beginning of an employment engagement between an employee and employer where labor is exchanged for wages or other forms of remuneration, such as food or lodging. Section 2 is then completed by the employer, where the employer reviews the documents provided by an employee and must be completed within three business days from the date of hire. For example, if an employee completes Section 1 on a Tuesday, Section 2 must be completed by Friday.

Completing Section 2 is where an authorized representative comes into play. An authorized representative can be someone you hire, designate or contract to complete, update or make corrections to Section 2 or Supplement B, Reverification and Rehire, on behalf of your organization. Examples of authorized agents for I-9 can include someone from the general public, foremen, agents, personnel officers or notaries public. Authorized representatives must carry out the employer duties described in the handbook accompanying Section 2 or Supplement B. However, as the employer, you are held liable for any violations related to your I-9 form or the verification process of newly hired employees.

Selecting an Authorized Representative

An authorized agent for I-9 can help your business in more ways than one. But who can be an authorized agent, and how do you select one? Legally, anyone can be an authorized agent, such as a neighbor or grocery store cashier. They can also be an internal employee. By law, authorized agents do not need any licensing, qualifications or experience to complete an I-9 form on behalf of a company. However, certain individuals can be more trustworthy authorized agents to ensure you’re maintaining compliance. Below are some of the individuals who can complete and sign I-9 forms on behalf of your organization:

• Internal employee: For employers who prefer to keep I-9 authorization in-house, they can designate an internal employee known as a personnel officer, such as an HR employee, to complete and ensure the accuracy of I-9 forms.
• Notary public: A notary public is an individual whom the government authorizes to verify the authenticity of signatures on legal documents, such as I-9 forms. A notary public serving as your authorized agent will often have the knowledge and experience of verifying I-9 Forms.
• Project manager or foreman: For larger organizations with multiple offices or a large team of remote workers, designating a project manager or foreman as an authorized representative can make it easier to onboard new hires. Ensuring project managers or foremen are properly trained can help ensure compliance, and they can be trained to use HRIS software to guide them when verifying the employment eligibility of new hires.

Benefits of Having an Authorized Representative

Form I-9 is an essential federal document that all employers must complete to ensure each employee they hire is authorized to work in the United States. An authorized representative can work on your behalf to ensure each I-9 form is completed accurately and recorded properly to ensure you have forms ready in the event of an I-9 audit. There are many reasons why an authorized representative can prove beneficial, such as:

• Flexibility and convenience: Completing an I-9 form for each employee hired can be extremely time-consuming, especially for larger employers hiring multiple employees at once. Having an authorized representative allows you to delegate the task of completing Form I-9 not only to another party such as friends, family, company representatives, etc., but also I-9 service providers who can also properly store and retrieve I-9 forms, per regulation. Additionally, having an authorized representative is crucial in today’s age of remote work, as an employee not physically located near an employer can still be onboarded and verified during the hiring process.
• Experience: Finding a reliable authorized agent for I-9 means they have a strong background with years of expertise and training. Trusted authorized agents are familiar with immigration laws and the requirements for completing I-9 forms, which means you can have peace of mind knowing your authorized agent is using their experience to ensure a compliant and streamlined verification process.
• Reducing conflicts of interest: Having an authorized agent also means avoiding conflicts of interest during the hiring process. With an outside third party verifying the work authorization of a prospective employee, you can ensure objectivity and integrity in the verification process to ensure discrimination is avoided and all candidates receive a fair hiring process.
• Freeing up administrative tasks: HR teams are responsible for carrying out a wide range of administrative tasks to ensure organizations are compliant and employees are satisfied. Completing I-9 forms can add to their daily task load, taking away from important parts of your business. With an authorized agent working on your behalf, you can free up time to ensure internal staff can focus on other areas of your organization.
• Compliance: One of the top benefits of having an authorized agent is ensuring compliance with federal immigration laws. A vetted authorized representative can have the training and knowledge of regulatory requirements to ensure each I-9 form is completed correctly, which can be particularly valuable for employers facing audits or inspections by government agencies like ICE or USCIS.

Having an authorized agent competing, updating and correcting I-9 forms can be extremely valuable for your business. From maintaining compliance to streamlining the verification process and reducing your organization’s administrative burden, authorized agents can be extremely beneficial for your business.

The I-9 Process in Action

An authorized agent for I-9 can be a valuable asset to your team and maintain your track record of compliance with federal regulations like immigration laws. With an authorized agent completing and ensuring the accuracy of I-9 Forms on your behalf, the following process will take place:

1. Section 1: The first section of Form I-9 must be completed at the time of hire. In this section, the employee will provide personal information, such as their name, address, date of birth and citizenship or immigration status. This section will include supporting documents that attest to their employment authorization status. A complete list of acceptable documents for Form I-9 can be found on the USCIS website.

2. Section 2: Once the first section is complete, your authorized agent will complete Section 2, where they must physically examine the original documents provided by the employee to establish their identity and employment authorization. Section 2 must be completed within three business days of the employee’s first day of employment. The authorized agent will record the document title, issuing authority, document number and expiration date (if applicable) and sign and date the section to confirm the documents were reviewed and reasonably appeared to be genuine.

3. Recordkeeping: After an I-9 form is complete, employers must retain the form for each employee for three years after the date of hire, or one year after the date employment ends, whichever is later. If a representative from a federal agency, such as ICE or USCIS, requests a Form I-9 for an employee, the employer must produce it upon request.

4. Reverification: In some cases, an employee’s I-9 form might need to be reverified, upon expiration of the work authorization document, legal name changes or rehire within 3 years of the date the Form I-9 was originally completed.

Overcoming Challenges With I-9 Compliance

Maintaining I-9 compliance can be difficult without the right resources or personnel with background experience and knowledge. To overcome challenges, like missing information or accurate recordkeeping, providing comprehensive education and proper training to all HR staff will ensure they stay informed about updates related to Form I-9. Additionally, conducting internal I-9 audits can help spot inconsistencies before an external audit, helping you avoid noncompliance penalties and fines. Technology solutions like electronic I-9 software can also streamline the process and reduce errors.

Legal Implications and Penalties

There are various legal implications and penalties that can come with Form I-9 noncompliance, and the severity of the fine or penalty often depends on the severity of the violation, such as if it was a technical violation like a missing date of birth or address, or a substantive violation, such as failing to complete Section 2 within three business days of hire. Below are some penalties for I-9 noncompliance you can face:

• The penalties now range from $281 to $2,789 (previously $272 to $2,701) for paperwork violation per relevant individual, with the fine increasing with each repeated violation. For employers who knowingly hired or continued to employ an unauthorized worker, the penalties to pay range from $698 to $27,894 per worker.
• Criminal penalties can also be charged, such as if an employer repeatedly hires unauthorized workers knowingly or has been proven to commit other severe violations.

To remain compliant, working with an authorized agent and investing in electronic I-9 software can help. These solutions can minimize the risk of noncompliance by making it easy to store I-9 forms, monitor employment authorization expiration dates and more.