Why do we have this I-9 Federal Law if we are not going to heed it? Good luck to Mr. Vasquez.....
Employment Eligibility Verification (I-9) Form
October 8, 2001
By Dana Scott
Why are I-9 Forms required and who needs to have them?
The original purpose of the implementation of the I-9 Form was to prevent employers from unknowingly or unlawfully hiring, recruiting or referring (for a fee) aliens who were not authorized to work in the United States.Today, all employers are required to have an I-9 Form on file for each employee (those who are citizens and those who are not) hired after November 8, 1986, and to have verified the employee’s identity and eligibility to work in the United States.
Does an employee have to comply?
While submission of the information required for the I-9 Form is "voluntary" on the employee’s part, an employee should not begin work without submission of the appropriate documentation since the employer may be liable for civil or criminal penalties for non-compliance with the Immigration and Reform Control Act of 1986. Therefore, it is an excellent idea to include language in your offer letter that says, in part,
"Your employment is conditioned upon your submission of proof of your identity and eligibility to work in the United States, as required by federal law. Please plan to bring appropriate documentation with you such as a valid driver’s license and original Social Security cards, or a U.S. Passport."
When is the I-9 Completed?
Generally, the employee and employer complete the form on the employee’s date of hire, with the employee providing the appropriate documentation at that time. However, the employer may give the employee up to three days to provide this documentation. If the employee still does not have the information after three days, s/he must provide the employer with proof of the application for that document within three days of the date of hire, and the actual document within 90 days.
What documents are required?
Common documents which establish identity are a driver’s license, federal state, or local government agency identification card, school ID card (with a photograph), voter registration card or U.S. Military Card. Documents which provide verification of employment eligibility include U.S. Social Security card, or birth certificate. In this instance, and employer would need to examine one of each type of identification to establish both identity and employment eligibility.
Common documents which establish both identity and employment eligibility are a U.S. Passport (current or expired), a Certificate of U.S. Citizenship (INS Form N-560 or N-561) or a Certificate of Naturalization (INS Form N-550 or N-570). In this case, one of the documents will suffice for both identity and employment eligibility.
The employer must examine the original document(s), not a photocopy, and certify that the document is valid. Most employers make a photocopy of the document(s) to attach to the I-9 Form. Forms should be kept in a separate I-9 file (rather than the personnel file) for INS audit purposes.
Where can I get more information?
There are also rules regarding updating the information (if an employee has a name change or is re-hired, for example). This information and other details about the I-9, along with the I-9 Form, list of acceptable documents and an Employer’s Guide can be found at the Immigration and Naturalization Service website.
This article is intended to inform readers generally about new developments and to report on current trends. As such, it cannot be a substitute for legal advice based on specific facts.
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