Navigating I-9 Compliance in the Wake of Natural Disasters

In the wake of the devastating 2023 Hawaii wildfire and other natural disasters, employers face unique challenges when it comes to complying with Form I-9 and E-Verify requirements. It's essential to understand the specific guidance provided by USCIS to ensure that affected employees can meet their employment eligibility verification obligations. This blog aims to provide clarity on the steps employers and employees should take during this trying time.

Form I-9 Compliance:

Form I-9, Employment Eligibility Verification, is a crucial document that verifies the identity and employment authorization of new employees. Here's what employers need to keep in mind:

Employee Responsibilities: New employees must complete and sign Section 1 of Form I-9 no later than their first day of employment.

Verification Deadline: Within three business days of the employee’s first day of employment, employees must present acceptable documents from the Lists of Acceptable Documents to demonstrate identity and employment authorization.

Document Replacement for Affected Employees:

Employees affected by the Hawaii wildfire who need to replace lost, stolen, or damaged documents for Form I-9 completion should follow these steps:

Receipt as Temporary Documentation: New employees can present a receipt showing they've applied for a replacement document. This receipt is valid for 90 days from the first day of employment, fulfilling the verification requirements for List A, B, or C documents.

Presentation Deadline: The actual replacement document must be presented within 90 days from the date the original employment authorization expired.

Reverification for Current Employees:
For current employees requiring reverification, proof of continued employment authorization must be provided by the expiration date of their current employment authorization. They may also use a receipt showing they've applied for a replacement document.

Recreating Destroyed Form I-9 Records:
Employers who lost Form I-9 records in the 2023 Hawaii wildfire must recreate new forms for current employees. Annotate the Additional Information field to indicate that the original form was destroyed in the wildfire, and note the date of creation.

E-Verify Considerations:
E-Verify remains available for employers affected by the wildfire. However, employers should note the following: Employers cannot create an E-Verify case if the employee presents a receipt for a lost, stolen, or damaged document. They must wait until the actual replacement document is presented.

Reason for Delay: When prompted for the reason for the delay, select "Other" and specify "Receipt provided. Awaiting actual document."

Navigating Form I-9 and E-Verify compliance after a natural disaster requires careful attention to USCIS guidance and timelines. Employers should prioritize supporting affected employees in meeting their verification obligations while considering electronic I-9 solutions, such as GryphonHR for enhanced data security and accessibility, even in the face of natural disasters. By following these steps, employers can ensure compliance and support their workforce during this challenging time.

Contact us and talk to an I-9 expert today and learn how an electronic I-9 solution can help.