Frequently Asked Questions I-9 Employment Eligibility Verification
Background
The Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from knowingly hiring persons who are not authorized to work in the U.S. The Act requires employers to verify the identity and employment authorization documents of each employee. The employer is also required to fill out Form I-9 and retain the forms for all employees hired after November 6, 1986. The anti-discrimination provisions prohibit the unlawful conduct of employers like discrimination on the basis of immigration status, citizenship or national origin.
What is the Purpose of Form I-9?
The purpose of Form I-9 is to verify the identity and employment authorization of individuals. All employers must maintain a Form I-9 on file for all current employees. The employer may delegate the authority to complete Form I-9 to a responsible Agent but the liability will be with the employer.
Must Form I-9 Be Completed for Every Employee?
Completion of Form I-9 is not required for sporadic or intermittent domestic workers working in a private household, independent contractors for whom the employer does not set working hours or provide tools, and for employees working outside the U.S. But employers may remain liable if they know that their independent contractors are using unauthorized aliens to perform labor or services.
What Are My Obligations in Case of Mergers and Acquisitions?
In case of mergers and acquisitions where employees from a previous employer become employees of a newly formed entity, the new employer has two options: he can treat acquired workers as newly hired and complete new Forms I-9 or he can consider them as continuing employees, thereby retaining the Form I-9 liability for previous mistakes. To avoid discrimination, all acquired employees should be treated in the same manner. We advise that you complete new Forms I-9 as it is the best way to avoid inheriting any errors committed by the previous entity.
How Do I Complete Form I-9?
Employment Eligibility Verification Form I-9 consists of three sections. In the first section, the employee attests to his status (i.e. citizen, LPR, or alien authorized to work temporarily in the U.S.). It should be completed at the time of hire. The employee must complete Section I no later than the first business day of employment for pay. Please note that only the employee can sign at the signature block. If someone other than the employee prepares this section, the preparer/translator should sign and print their name in the box designated for them.
The second portion is for the employer’s certification of document review. Employers are required to record that they have examined the original and unexpired documents from a specified list verifying the employee’s identity and eligibility to work, provided they appear reasonably genuine. It must be completed within three days of starting work. The employer must make the “List of acceptable documents” available to the new employee while he/she is completing Form I-9. Three lists (i.e. List A, List B and List C) provide the acceptable documents. The employee must provide any one document mentioned in these three lists.
The employer must complete Section 3 if any or all of these situations occur:
- the employee’s temporary employment authorization document has expired;
- the employee is rehired within 3 years of original hire date; or
- if the employee’s biographic information changed and needs to be updated. Please note that the U.S. Citizenship & Immigration Service recommends that you complete a new Form I-9 for rehires.
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