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
- 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