Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9.
I-9 Employment Eligibility Verification Lawyers
Submission of the information required in this form is voluntary. However, an individual may not begin employment unless this form is completed, since employers are subject to civil or criminal penalties if they do not comply with the Immigration Reform and Control Act of 1986.
All employees, citizens and noncitizens, hired after November 6, 1986, must complete Section 1 of this form at the time of hire, which is the actual beginning of employment. The employer is responsible for ensuring that Section 1 is timely and properly completed.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. However, if employers hire individuals for a duration of less than three business days, Section 2 must be completed at the time employment begins.
Employers must record:
- document title
- issuing authority
- document number
- expiration date, if any
- the date employment begins
Employers must sign and date the certification. Employees must present original documents. Employers may, but are not required to, photocopy the document(s) presented. These photocopies may only be used for the verification process and must be retained with the I-9. However, employers are still responsible for completing the I-9.
Employers must complete Section 3 when updating and/or reverifying the I-9. Employers must reverify employment eligibility of their employees on or before the expiration date recorded in Section 1. Employers CANNOT specify which document(s) they will accept from an employee.
The immigration law firm of NPZ Law Group, assists human resources professionals in connection with the implementation of employment verification programs or Form I-9 audits. Our services relating to employment eligibility verification include:
- Providing on-site training for human resources staff on the appropriate methodologies for filling out and retaining the I-9 Form
- Form I-9 verification and employer sanctions
- Audits and process development
- Immigration-related visa compliance issues for human resources professionals
- Counseling employees and employers on their rights under the Immigration Reform and Control Act.
- Unfair immigration-related employment discrimination policies
- Prevailing wage compliance issues
- National origin and citizen discrimination complaints
- Social Security mismatch issues
- Immigration-related litigation
Form I-9 Inspection Overview
On November 6, 1986, the enactment of the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their employees and created criminal and civil sanctions for employment related violations. Section 274A (b) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. § 1324a (b), requires employers to verify the identity and employment eligibility of all individuals hired in the United States after November 6, 1986. 8 C.F.R. § 274a.2 designates the Employment Eligibility Verification Form I-9 (Form I-9) as the means of documenting this verification. Employers are required by law to maintain for inspection original Forms I-9 for all current employees. In the case of former employees, retention of Forms I-9 are required for a period of at least three years from the date of hire or for one year after the employee is no longer employed, whichever is longer. READ MORE . . . .
The number of I-9 audits are increasing. In just one day, 652 businesses nationwide were served with Notices of Inspection (NOIs) by the U.S. Immigration and Customs Enforcement (ICE). They affect every employer, whether you have foreign nationals working for you or U.S. citizens.
Our immigration lawyers have been involved in a large number of I-9 audits over the last few years. We help companies comply with I-9 regulations by reviewing their procedures and conducting internal audits. We also represent businesses involved in ICE worksite enforcement investigations and raids.
Contact NPZ Law Group
NPZ Law Group, was designated as a trainer for the U.S. Dept. of Justice by the U.S. Department of Justice Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC).
No matter what your business needs in the area of corporate and business immigration law, the highly skilled professionals at NPZ Law Group, may be of assistance to you. To schedule a consultation, please feel free to contact NPZ Law Group or call 201-670-0006.
- The new one-page Form I-9 Employee Information Sheet responds to common questions and prepares new employees to fill-in Section One of the Form I-9. This resource is available in English and Spanish.
- Employment Immigration Best Practices for Job Postings
- Employment Verification and Employer Sanctions
- Social Security Mismatch or No-Match