Part II: Which Employers Collect Form I-9

This is Part II of a blog series for employers to maintain and and complete Form I-9, and to avoid audit by US Immigration and Customs Enforcement (ICE).

ICE uses Form I-9 to protect national security and to protect employees from employers; I-9 is used to prevent employers from hiring unauthorized workers and to prevent discriminatory practices against employees. It is vital that employers keep a record of I-9 for every employee hired in the US, both for citizens and non-citizens. Put simply, Form I-9 is a documentation of an employee’s eligibility to work in the US, and a worker’s proof of identity. I-9 is retained in order to show the validity and authenticity of those documents.

Which employers need to collect Form I-9? All employers must maintain I-9 for all US employees that work for pay and benefits; all employers must fill out I-9 for employees hired after Nov. 6, 1986.

Employers should file Form I-9 for employees who are on specific visas; for employees that are asylees or refugees; for students; for those on some other kind of non-immigrant visa with authorization to work; or for those who are US citizens and legal permanent residents (i.e. green card holders).

Employees who do not need Form I-9 are those that work only intermittently for their employers; or employees over whom the employer has no control in directing their work.

Who is an employer? Check the previous post for a full description.

Next week : Part III: How to fill Section 1 of Form I-9

Part IV: How to fill Section 2 of Form I-9

Part V: When do you complete Section 3 of Form I-9

Part VI: Steps in the ICE Audit Process

Part VII: Penalties

Part VIII: How can employers protect themselves from discrimination?

Part IX: Best Practices

Part X: Managing I-9 in Mergers and Acquisitions

Part XI: Correcting I-9

Part XII: Storing/Retaining I-9

See you in my next blog.

Nalini S Mahadevan, JD, MBA

Attorney at Law

Tara Mahadevan

Copyright 2011. All rights reserved.

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