I 9 verification what is it

Employers should also retain the Form I-9 audit logs and communications to employees regarding the I-9 audit process. Employers may wish to keep the audit documentation in a separate Form I-9 audit file or to place this documentation in their files with the I-9 forms themselves.

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Contact Us SHRM The forms are then stored electronically which means they can be produced, if needed, with just the push of a button. EBI-9 also assists in the hiring of remote employees as well as utilizing E-Verify, if your company chooses to do so. Owings Mills MD The Form I What is a Form I-9 A Form I-9 is a government document that confirms a new hire is either a US citizen, or that they are in the country legally and have the proper documentation that allows them to work.

I-9 Section 1 Section 1 must be filled out before a new hire completes their first day on the job. Employer or Authorized Representatives The employer has a role to play in the I-9 process as well. They must also be on the Lists of Acceptable Documents. List A. List B. School ID card with a photograph Voter registration card U. List C. Department of State Form DS Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying territory of the United States bearing an official seal Native American tribal document U.

E-Verify is mandatory for federal contractors and for employers in a few states. Form I-9 E-Verify Mandatory for all employers Voluntary for all employers Completed by employer and new hire Submitted electronically by employer No Social Security Number Needed Requires a Social Security Numbers List B identity documents do not require a photo List B identity documents do require a photo Can be used to re-verify expired employment authorization Cannot be used to re-verify once employment verification has expired.

Form I-9 Updates. You can fill now fill out the Form I-9 on the computer. Even though E-Verify is a voluntary program, it could soon become mandatory nationwide under comprehensive immigration reform. Statistics show that This proves that E-Verify is an accurate, comprehensive, and verifiable way for employers to ensure a legal workplace for both employees who are verified as eligible to work in the U.

However, mistakes happen and can lead to TNCs, which is why employers need to undertake the recommended steps leading to I-9 compliance and free themselves from civil and criminal liabilities. The Immigration Reform and Control Act which introduced the requirement leading to the promulgation of the Form I-9 also included anti-discrimination provisions. Under the Act, most U. This provision applies to employers of three or more workers and covers both hiring and termination decisions.

An employer cannot refuse to hire a candidate because his I-9 revealed that he was a non-citizen rather than a U. For this reason some immigration lawyers advise companies to avoid requiring an I-9 until a candidate is hired rather than risk a lawsuit. A company cannot ask an employee to provide a passport rather than another document because anti-discrimination provisions require that employers enforce I-9 compliance in a uniform manner.

Also, employers cannot assume that the employee is unauthorized to work just because the individual either could not bring proof of employment authorization or has brought unacceptable documents until the start date of the employment.

The OSC can help workers by calling employers and explaining proper I-9 verification practices and, when necessary, by providing victims of discrimination with charge forms. Upon receipt of a charge of discrimination, OSC investigations typically take no longer than seven months. Victims may obtain various types of relief including job relief and back pay. With respect to hiring, firing, recruitment, or referral for a fee by employers with four or more employees, employers may not treat individuals differently because they are or are not U.

However, permanent residents who do not apply for naturalization within six months of eligibility are not protected from citizenship status discrimination. Citizenship status discrimination which is otherwise required to comply with the law, regulation, executive order, or government contract is permissible by law.

With respect to hiring, firing, recruitment or referral for a fee by employers with more than three and fewer than fifteen employees, employers may not treat individuals differently because of their place of birth, country of origin, ancestry, native language, accent or because they are perceived as looking or sounding foreign. The Equal Employment Opportunity Commission has jurisdiction over employers with fifteen or more employees.

Relating to verifying the employment eligibility of employees, employers may not request more or different documents than are required for I-9 verification, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating based on citizenship status or national origin. IRCA mandates that U. The law changed the hiring landscape for employers in two major ways — IRCA imposed significant legal, financial, and public relations risks for noncompliance and it forced employers to enforce the immigration laws.

While some federal documents remain unchanged for years, Form I-9 updates are more common. In recent years, enforcement efforts have increased, making it more important now than ever for employers to keep Form I-9s updated to avoid civil fines and criminal penalties.

The new version of the I-9 is very similar to the previous version of the form with some minor changes. Although changes in the new Form I-9 appear minor , they present a good opportunity for reviewing hiring policies and ensure employers are properly completing and retaining the form.

It is a must for everyone involved in I-9 verification to use the most updated version to ensure I-9 compliance and avoid form violations and fines. Form I-9 allows employers not only to determine the eligibility of employees to work in the United States but also to prevent discrimination against people of foreign origin and citizenship.

Given the increased intensity and frequency of Form I-9 audits by U. Immigration and Customs Enforcement, employers need to be certain they are compliant with regulations for Form I Otherwise, they can face penalties or even lawsuits from the government. The guidelines for Form I-9 verification are very specific.

If all sections of the Form I-9 are not filled out completely and correctly, dated accurately, updated with changes and corrections, reverified when necessary, and retained according to federal guidelines, businesses are at high risk of fines and criminal penalties.

To ensure that businesses maximize E-Verify and I-9 compliance and to prevent potential fines, one of the best practices for employers is to rely on an electronic I-9 verification software as an invaluable tool for tracking and storing documentation. Automated I-9 verification software helps minimize risk with its built-in quality control mechanisms, easy access to stored I-9s, immediate notification of employment authorization expiration dates, integration with E-Verify, and data security measures.

Therefore, the I-9 verification process, which is usually perceived as complex and daunting, becomes simple, secure, and efficient. Prerequisites for Employees In completing Form I-9, prospective employees attest, under penalty of perjury, that they belong to one of the following categories: a U. One document that establishes both identity and employment eligibility List A or. Some relief is provided to remote workers in that employers can designate anyone to review the new hire's documents and complete and sign Page 2 of Form I Employers typically rely on notaries, attorneys or local workforce agency staff to do this.

USCIS policy states that the employer is still liable for any violations in connection with the form or the verification process, regardless of who completes and signs it. And, to be clear, this option may not be advisable for all employers, based on their audit history and other factors.

But for many others, the 'find a friend' method provides a perfectly reasonable solution to a vexing problem that is even more pronounced in light of the coronavirus outbreak.

There are some state-based restrictions on who may act as the employer's authorized representative, noted Alonzo Martinez, associate counsel for compliance at background-screening provider HireRight.

And, Faegre Drinker attorney Carlson noted, ultimately the problem remains that the new hire must be physically present with the authorized person during the examination: "Even if using an employer's authorized representative, this must still be in person and cannot be completed by fax, scan, e-mail, FaceTime, Skype or webcam.

Fay said that once it's determined who will serve as the authorized agent, employers need to develop a clearly defined process for how the remote I-9 shall be completed. Detailed instructions should be sent to the employee and his or her representative.

Fay said that another option is to use one of the smart electronic I-9 systems, which provide access to a network of remote I-9 completion centers throughout the U. If operations have largely shut down, another possibility to explore is having the new hire complete Section 1 of the I-9 remotely, and then delaying completion of the form until operations resume and Section 2 can be completed in person by the employer. With more employers mandating remote work as the threat from coronavirus grows, it is possible that USCIS will temporarily waive current requirements, Carlson said.

The ongoing crisis supports the argument that USCIS should come up with a new way to allow employers to remotely verify work authorization, said Ann Cun, founder and managing attorney of Accel Visa Attorneys, an immigration law firm in San Leandro, Calif.