This is Part III of a blog series for employers to maintain and complete Form I-9 and to avoid audit by ICE. Employees should fill out the first section of Form I-9 before the first paid workday. A translator can help the employee complete Section 1. The best practice for an employer is to have the potential employee complete Section 1 and present documents from either List A, or List B and List C.
Both the employee and employer need to work together to fill out Section 1 of Form I-9.
Employees should provide:
• Their full legal name—women should give their maiden name, including hyphenated names, as it appears on their identity documents
• Current address
• Date of birth
• Social security number
• Citizenship or immigration status
• Alien or Admission number, if applicable
• Date employment authorization expires
• Signature and date
• If a translator helps the employee, then the translator has to provide his or her name, address, signature, and date the form
• The employee and translator’s signatures must be dated on the same day
Employers must confirm:
• All employee’s information in Section 1
• The employee and translator have both signed and dated Section 1
• The employee specified when their employment authorization ends
• The employee’s employment authorization is valid and current on the date of the employee signing and dating Form I-9
• And communicate to the employee, at least 90 days before employment authorization expires, that they need to present a List A or List C document to show continued employment authorization. Employees must present these documents on the date their current employment authorization expires.
Which employers need to collect Form I-9? Check the previous post for a full description.
Next week : 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
Copyright 2012. All rights reserved.
Post Footer automatically generated by Add Post Footer Plugin for wordpress.by