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Common I-9 Issues Faced by Employers and Employees

Form I-9 is a USCIS (U.S. Citizenship and Immigration Services). The form is a critical document for employers and applicants alike to ensure that work authorization is being provided for all employees. 

 

The USCIS is responsible for administering Form I-9, which is used by all companies to determine that the applicants are eligible to work in the United States. The USCIS issues guidelines that employers must follow for completing Form I-9. Although the guidelines are helpful, businesses must still ensure that each employee has the required documentation before hiring the employee.

 

Common Issues Faced While Filling The Form I-9

 

The Department of Homeland Security (DHS) has published a new form, Form I-9, for employers to use in verifying the employment eligibility of their employees. Form I-9 has undergone a number of revisions since its inception in 1986. 

 

Correcting Errors

As an employer, you should make sure that your I-9s are properly filled out and accurately reflect your employees’ citizenship status. If you misspell an employee’s name or make an error, that could lead to a lawsuit against you. To avoid this hassle, employers should regularly review their I-9 forms and make appropriate corrections if needed. 

 

Requesting Specific Documents

The form I-9 (or “Employment Eligibility Verification Form”) asks for the employer to present certain documents to verify that the employee is authorized to work. These documents include; Picture I.D. (a current, government-issued photo ID), Legal Proof (such as a “green card”, a Social Security card, a birth certificate, or a marriage license), and pay stubs. Companies are required to allow their employees to choose which documents to complete the “Employee Rights and Responsibilities” portion of Form I-9, which is used to verify that employees are eligible to work in the United States. 

 

False Identification

The general rule is that an applicant for employment or another benefit must provide truthful information to the employer (that is, the form and supporting documents) and the employer must rely on that information. However, if the organization learns that the worker used false identification documents, the organization must take appropriate action.

 

Retaining Document Copies

An employer may choose to retain a copy of a current employee’s Form I-9 (Employment Eligibility Verification form) on file. The employer must retain a copy of the employee’s Form I-9 for three years from the date the employee submitted the document to the employer. Employers may also choose to retain a copy of a document on file for a period of time determined by the employer.

 

Final Words

 

The Form I-9 must be in a format acceptable to the U.S. Citizenship and Immigration Services (USCIS) when it is filed electronically using the E-Verify System. The Form I-9 must be completed in a legible manner and in English. In addition, the employee must sign Form I-9. 

To know more about Form I-9, attend the Compliance Prime webinar.

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