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Hawaii Form I-9 Guidance

26 Oct


Update Applicable to:

All employers in Hawaii (Maui) and multi-state businesses who employ workers in the state of Hawaii who were affected by the 2023 wildfires.

What happened?

According to U.S. Citizenship and Immigration Services (USCIS), in cases like this (Hand of God or similar circumstances), all Form I-9, Employment Eligibility Verification requirements remain in effect for areas affected by the 2023 Hawaii wildfires in Maui.

What are the details?

Due to the Hawaii wildfires that affected Maui, two questions that arose were:

(1) what do employers and employees do if the documentation was lost, stolen, or destroyed?

(2) if due to circumstances, Form I-9 still applies or not?

All Employers continue to be required to complete, retain and reverify Form I-9 within the requisite period for all employees that they hire. A guide is provided for employers and employees who have lost, stolen or had their documentation destroyed. Additional information in this link: Immigration information.

An employer must accept certain receipts for lost, stolen, or damaged documents from employees. New employees whose documentation may have been lost or damaged during the wildfire may present a receipt showing they have applied for a replacement document, which will satisfy the verification requirements for List A, B or C documents for which the receipt was issued and is valid for 90 days from the first day of employment.

Employees who cannot present the actual replacement document or receipt within the 90-day period may elect to present different acceptable document(s).

Employees who require reverification may also present receipts showing timely application for a replacement of their lost, stolen, or damaged documents.

For more information, please see the links below:

Law Firm: Article 1

General: Article 1

Government: Form I-9 pdf, Guide for Form I-9 and E-Verify, Fact Sheet for Form I-9, Form I-9 Guide

What do employers need to do?

Employers should use the resources available in the links and the ones provided by the USCIS, as well as consult with legal and immigration services for guidance if needed.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Hawaii PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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