Immigration Attorneys
Employers are required to both complete and retain Form I-9, Employment Eligibility Verification for every person hired for employment in the U.S. to work for pay. There are three sections of Form I-9 that must be completed in full and accurately. Here, we will go over those three sections. These forms can be complicated, but even more so when the employee is not a U.S. citizen. For questions regarding the intersections of immigration law and Form I-9, our Team is here to help.
The Three Sections of Form I-9
Before diving into the details of the three sections of Form I-9, it may be helpful to give a bird’s eye view of the timeline related to the completion of the form. First, the employee accepts an employment offer and then goes on to complete Section One no later than the first day working for pay. The employee then gives the form to the employer and the employer is tasked with completing Section Two no later than the third business day of the employee starting to work for pay. Section Three of the form comes into play if the employee’s work authorization expires. Otherwise, it is not necessarily relevant.
Section One of Form I-9 is the “Employee Information and Attestation” section, and it is to be completed by the employee. Employers must first provide the employee with instructions for completing the form and with the Lists of Acceptable Documents to prove the employee’s identity and authorization to work in the U.S. The employee must complete Section One in full, providing things such as their full legal name, date of birth, and citizenship or immigration status, as well as their USCIS Number/Alien Number, if applicable.
The form must be signed by the employee even if they were assisted by a translator or form preparer. However, the form must also be signed by the preparer or translator as well as stating their name, address, and date of certification. The employer has the responsibility to review all information provided by the employee to help ensure that all fields are properly completed. The employer should also make a notation as to when the employee’s work authorization is set to expire.
Section Two of Form I-9 is the “Employer or Authorized Representative Review and Verification” section and it is to be completed by the employer. Employees are required to present unexpired, original documentation showing their identity and employment authorization to the employer. The employer, in turn, must physically examine the documentation and sign the form. Once that is done, the employer must return the presented documentation back to the employee.
Section Three of Form I-9 is the “Reverification and Rehires” section and it is to be completed by employers for those employees who end up being rehired or who have employment authorization that requires verification. To complete this section, the employer must examine unexpired documents of employment authorization. The title of the document as well as its number and expiration date should also be recorded, if available. Section 3 must be signed and dated by the employer.
Immigration Law Attorneys
If you have any questions about how the immigration and nationality laws in the United States may impact you or your family, or if you want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. You can send us an email at info@visaserve.com or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com.