I-9 Compliance Assistance:

  • Purpose: employer must verify employee’s identity and work authorization per the Immigration Reform and Control Act of 1986
  • If I-9 is correctly completed, employer is not responsible even if employee is not actually authorized to work, provided
    – Employer did not knowingly hire an employee who is not authorize to work in the U.S.
  • Monetary and criminal sanctions are imposed for incorrect completion of Form I-9

Who completes Form I-9:

  • All employers must complete for all employees to perform labor or services in return for wages or remuneration
  • Exempt employees:
    – Grandfathered employees- Hired before 1986
    – Casual domestic workers
    – Contractors (1099) and their employees
    – Employees not physically present in the U.S.
    – Failure for employee to complete the I-9 is ground for termination

Acceptable Documents:

  • Employee must present original, unexpired documents
  • Employer must examine documents to determine if they are genuine and related to the employee
  • List A: document establishes both identity and employment authorization-employee who presents List A documents need not to present other documents from List B or C
  • List B: Document establishes identity only. List B document must be submitted in conjunction with List C document
  • List C: Document establishes employment authorization and must be presented in conjunction with List B document
  • For E-verify: If you accept List B document, it must have a photo.
  • Unexpired documents are not accepted, except:
    – Automatic Extension of EAD for TPS
    – Automatic Extension for F-1 OPT STEM students until USCIS makes a decision within 180 days
    – LPR with conditional residence with receipt to remove condition that extends work authorization

When these extensions expire, you must re-verify

If you are looking for a I-9 Compliance Assistance in Texas contact Houston based immigration firm – Gasana Law Firm.