The I-9 Form is needed by the Immigration Reform Act to verify the identification of an employee and the eligibility to work lawfully in the United States of America. If the employer missed any step or forgets to incorporate the proper documents and records, they are at risk to pay a fine with quite serious legal complexities. This is the reason why it is necessary to verify each and every aspect of an employee I-9.
Before analyzing the I-9 requirements for employers, let’s know what I-9 foam is.
What is an I-9 form?
I-9 Form is required by the government after the validation of the Control Act and Immigration Reform of 1986. It established civil and criminal penalties for employment-related violations. After the enactment of this law, the IRCA legalized a lot of illegal immigrant employees who arrived in the US before 1982 and made it unlawful for organizations to hire non-verifiable employees.
Form I-9 is needed for all workers in the United States, and it verifies two specific areas:
- It verifies the identity of the employees with the help of supporting documents.
- It verifies whether the employee is authorized to work legally in the country or not.
The I-9 form is analyzed by the employers to verify employee identity and authorization forms and authenticate to the forms that are legal. New workers must present the I-9 document and acknowledge the form three days before hire. If workers do not provide the required forms, then the organization is required to separate the employment agreement immediately. Some organizations make copies of the provided documents for legal purposes. These copies of the documents are not required by the government, but they may be helpful for the employees whose work authorization forms have expired. Having a copy of the foam can remind the organization to re-verify the employee’s authorization after the update.
Here are some requirements of documents that establish identity and employment eligibility both.
Documents that Establish Identity and Employment Eligibility
The I-9 requires a list of documents that establishes the identity and eligibility to work in the United States of America. These documents are acceptable proof of both.
- Certificate of the U.S. Citizenship
- The U.S. Passport (expired or unexpired)
- Certificate of Naturalization
- Alien Registration Receipt Card with a photo or Permanent Resident Card
- Unexpired foreign passport with Form I-94 showing unexpired employment authorization
- Unexpired Temporary Resident Card
- Unexpired Reentry Permit
- Unexpired Refugee Travel Document
- Unexpired Employment Authorization Card
Unexpired Employment Authorization Document is issued by the DHS (Department of Homeland Security) that includes a photograph.
Special List for Minors
Workers who are younger than 18 years and are unable to give identity and employment eligibility documents can present age-appropriate documents which will include:
- School record
- Report card
- Doctor, clinic, or hospital record
- Nursery school record
Conclusion
Form I-9 is a must for every new employee regardless of their nationality. The federal immigration law is violated if the employer fails to verify the employment authorization and identity.
Join the Compliance Prime webinar for more information regarding the I-9 requirements for employers.
