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
Copyright 2011. All rights reserved.
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