Under the Immigration Reform and Control Act, all employers are required to verify both identity and work authorization of all employees.
Employers comply with this law through the proper completion of Form I-9 and compliance with related rules. The following are important points for employers to keep in mind, but should not be considered a substitute for the full Form I-9 instructions:
Be Familiar with Form I-9 and Related Reference Materials
- Always use the most recent version of Form I-9 (currently updated as of March 8, 2013)
- Ensure that the two pages of Form I-9 remain together (either double sided or stapled)
- Read carefully all instruction pages for Form I-9
- For Further Guidance: See Handbook for Employers (http://www.uscis.gov/files/form/m-274.pdf)
Avoiding Discrimination
- Prior to job offer, you may only ask: “Are you legally authorized to work in the United States?”
- Do not ask for any documents prior to a job offer and acceptance
- Only complete Form I-9 prior to the first day of employment if you have extended a written offer
- Always allow employee to choose which documents to present, using the USCIS List of Acceptable Documents: Either one List A document OR a combination of one List B and One List C document
- Do not record or photocopy more documents than required
Timing of Form I-9 Completion
- Ensure that the employee completes Section 1 on (or before) first day of employment
- Ensure that you complete Section 2 within three business days of first day of employment
Completion and Review of Section 1
- Ensure that the employee has completed Section 1 entirely
- Look for obvious inaccuracies (e.g. listing the work address instead of residential address)
- Employee must make any necessary corrections, and initial and date each correction. Do not make corrections to Section 1 yourself
- Do not ask for any documentation to verify the information in Section 1
Review of Documents Presented by Employee
- Provide employee with the List of Acceptable Documents. Do not suggest which documents to produce
- You must review original documents while employee is physically present
- Documents should reasonably appear to be genuine and relate to the person presenting them
- Ensure that all documents are unexpired at the time they are presented
Completion of Section 2 by Employer
- Record Document Title, Document Number, Issuing Authority and Expiration Date (if any) for each document produced
- Do not over-document: Record only one document from List A, OR one document each from List B and List C
- First Day of Employment field should be consistent with payroll records
Review & Retention of Form I-9
- Make copies of original documents and attach to completed I-9
- Keep all original I-9s in a designated file, separate from other employee/HR information
- Ensure that you maintain a list of those employees who have temporary employment authorization, and reverify their employment authorization in advance of the expiration date
- Ask a second person to review the I-9 at time of completion
- Do not use Wite-Out to correct errors: Cross out any errors and correct. Date and initial each correction
- Forms may be pre-printed with employer name and address only. No other information may be pre-printed
Contact Klasko Immigration Law Partners, LLP for further guidance on Form I-9
