The I-9 Form is used by the US Department of Homeland Security and Citizenship and Immigration Services to ensure that each employee who has been hired after 1986, is legally authorized to be employed in the United States. Both the employee and the employer need to fill up the Employment Verification Form when a new employee is hired. The employer needs to keep this form even after the employee leaves the organization.
Let’s have a look at the requirements of the I-9 Form.
I-9 Form Requirements
Section 1: The employee needs to fill up Section 1 of the form. He or she must provide the name, Social Security Number, address and if he or she is a Resident Alien or a US citizen. The document number has to be mentioned, if the employee is a Resident Alien.
Section 2: The employer needs to fill up the section 2 of the employment eligibility verification form. The employer needs to ask for two forms of employee identification. One of the form will establish the identity of the employee and the other form will establish his or her employment authorization. The employment authorization card can serve the second purpose. For establishing his or her identity, the employee can produce Social Security Card, driving license, passport, birth certificate, Permanent Resident Card, work permit, school ID and Military ID. The employer needs to record the document numbers on the I-9 form.
Section 3: The employer needs to update the 3rd section of the form, if the work authorization of the employee expires. In such cases, a new unexpired document must be furnished. This will prove that the employee is authorized to work in the United States. Otherwise the employee will be terminated from the job.
What is the purpose of the employment verification form?
According to the Section 274A of the Immigration and Nationality Act, employing unauthorized aliens is unlawful. Filling up the I-9 Form ensures that a company is complying with the law. If an organization hires a new employee without verifying his or her background, the company can face legal hassle in future. Both citizens and non-citizens should fill up the form. It is the employer’s duty to evaluate the documents submitted by the employee.
Misconceptions about I-9 Form
Many people think that the form is filed with ICE i.e Immigration and Customs Enforcement or the USCIS i.e United States Citizenship and Information Services. This is a misconception. The employer needs to keep the form for three years after the new employee is hired. If the employee leaves the organization before three years, the employer needs to keep the form for one year after the employee is terminated. The form should be available to the U.S Government officials for inspection.
Filling up the employment verification form is necessary for both the employee and the employer. On the employee’s part it proves that he or she is legally eligible to work in the United States and on the employer’s part it proves that an unauthorized alien is not hired by the company.
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