Also, when an employment authorization expiration date is provided in Section 1, employers are required to reverify employment authorization on or before the date shown. For reverification purposes, the earlier date should be used to determine when reverification is necessary.
A new Form I-9 does not need to be completed for people rehired within three years of completing a prior Form I The employer can instead update the prior Form I-9 by confirming that the employment eligibility document originally presented remains valid. If it does, the employer may merely record the rehire date in Section 3 of the form. However, if a new version of Form I-9 has been issued, the employee must provide documents from the current list of acceptable documents and the employer must complete the current version of Form I-9 and retain it with the previously completed I Some employers find it easier to complete a new Form I-9 for all rehires.
Use of agents. An employer can rely on a referral from a state employment service agency if the employer properly retains appropriate documentation of the referral certifying the employee's employment eligibility. The employer may also delegate verification obligations to a third party or agent, but the employer is ultimately liable for compliance with verification requirements and hiring prohibitions.
See As an employer, do I have to complete all the Forms I-9 myself? Retention of Form I-9 and Documents Employers must retain an employee's completed Form I-9 for as long as the individual works for the employer. Remedies and Penalties Employers must be careful not to go overboard in their employment verification practices. It is a crime to: Bring or attempt to bring an undocumented immigrant to the United States other than through a DHS-designated port of entry.
Transport or attempt to transport or move such undocumented immigrant within the United States. Conceal, harbor or shield from detection, or attempt to conceal, harbor or shield from detection, such undocumented immigrant. Encourage or induce an undocumented immigrant to come to, enter or reside in the United States, knowing or in reckless disregard of the fact that it will violate the law. Engage in any conspiracy to commit any of the preceding acts, or aid or abet the commission of any of the preceding acts.
Knowingly hire at least 10 undocumented immigrants within a month period. Possible penalties for these violations range from five to 20 years' imprisonment.
See : Form I-9 Fines Raised for ICE Planning Surge of I-9 Audits This Summer The Difference Between ICE Raids and Audits The good-faith provision of the law, which allows people committing technical or procedural failures on a Form I-9 up to 10 days to correct such failure without penalty, does not apply to a person or entity that has engaged in or is engaging in a pattern or practice of employing, recruiting or referring unauthorized workers.
Auditing and Correcting Form I-9 To ensure compliance with the law, employers must accurately complete Form I-9 at the outset.
The E-Verify process includes the following steps: The employer enters the employee's information from Form I-9 into E-Verify and submits the information to create a case. E-Verify compares the information to records available to the U.
Immigration and naturalization records. State-issued driver's licenses and identity document information. Social Security Administration records. E-Verify sometimes displays a photo for the employer to compare to the photo on the employee's document to ensure that the document photo has not been altered.
Additional action is required. This result may be issued when the employee's U. State Laws Concerning Verification of Eligibility for Employment Many states have enacted laws requiring employers doing business with the state to verify the legal status to work in the United States of each employee.
Eligibility Verification I You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark.
Delete Cancel. You have successfully removed bookmark. Delete canceled. Occasionally, SSA may require the employer, employee, or DHS to take additional action before a final case result can be issued. In these cases, SSA will update the case to reflect one of the following results:.
The above three case statuses are considered temporary. While a case is in continuance, the employer cannot terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against the employee because the employee received a TNC.
Occasionally, DHS may require the employee to take additional action before issuing a final case result. In rare cases, DHS may need more than 10 Federal Government working days to confirm employment eligibility.
This can happen for a number of reasons, including if an employee has lost the document that was presented for I-9 verification and has applied for a replacement document. Case in Continuance is considered a temporary case status. 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 Employers may designate an authorized representative to act on their behalf to complete Section 2 and may be any person the employer designates to complete and sign Form I-9 on their behalf. Section 2 Documents Must be Inspected Remotely Employers must still inspect the Section 2 documents but may do so remotely for instance, over a video link, fax, or email.
In-Person Verification Required after Normal Operations Resume Once normal operations resume, all employees who were onboarded using remote verification must report to their employer within three business days for in-person verification of identity and employment eligibility documentation they presented for their Form I Temporary Extension for Expired List B Documents That Have Not Been Extended List B documents that expire on or after March 1, , and have not been extended by the state may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.
At that time, in the Section 2 Additional Information field, employers must: Record the number and other required document information from the actual document presented; and Initial and date the change.
The employee is not required to present a valid unexpired List B document later. Under the IRCA employers are also prohibited from: Continuing to employ an individual knowing that they are unauthorized for employment in the United States.
Hiring any individual, including a U. Is There a New Form I-9? Additional forms available include: Form I-9 Paper Version This version is unfillable and must be printed for completion on paper only.
Instructions for Form I Form I-9 Supplement in Spanish. Instructions for Form I-9 in Spanish. Who Needs to Complete a Form I-9? How Long is an I-9 Good For? Do I-9 Forms Have to be Updated? Committing document fraud or abuse to satisfy a requirement of the verification process. Unlawful discrimination against an employment-authorized individual.
Hiring, recruiting, or referring unauthorized aliens. Re-verification must occur no later than the date that employment authorization expires. To avoid any breaks in service, you may want to establish a calendar call-up system for employees whose employment authorization will expire and provide the employee with at least 90 days' notice. During the re-verification process, the employee must present a document from either List A or List C that shows either an extension of his or her initial employment authorization or new employment authorization.
You must review this document and, if it reasonably appears to be genuine and to relate to the employee, enter the document title, number, and expiration date if any in Section 3 and sign in the appropriate space. Note: You may not re-verify an expired U. A: Employers must retain I-9 forms for at least three years, or for one year following the employee's separation from the company, whichever is later. It is a best practice to store all I-9 forms together in one file since they must be produced promptly following an official government request.
Make sure you use the new version of the I-9 by January 22, , and complete and retain the form in accordance with the law. This blog does not provide legal, financial, accounting, or tax advice.
This blog provides practical information on the subject matter. The content on this blog is "as is" and carries no warranties. ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content on this blog. All Rights Reserved.
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