FORM I-9, EMPLOYMENT ELIGIBILITY VERIFICATION
QUESTIONS & ANSWERS
1. What is the purpose of Form I-9?
The Immigration and Nationality Act (INA) makes it illegal to hire or retain workers that are not authorized to work in the US. Form I-9 was created so that employers would verify new hires’ employment authorization and re-verify the continued employment authorization of those workers with employment authorization that is limited to a certain period of time
2. What are the employer’s duties for each person they hire?
a. Verify the identity and employment authorization of each person they hire.
b. Complete & retain a Form I-9, Employment Eligibility Verification, for each person they hire.
c. Refrain from discriminating on the basis of national origin or citizenship.
3. Who must complete Form I-9?
Form I-9 must be completed every time an employer hires a new person to perform labor or services in the US in return for wages or remuneration.
4. When should Form I-9 be completed?
Part 1 must be completed by the employee at the time of hire (first day of employment) & Part 2 must be completed by the employer within 3 days of hire. The employer must inspect the original documents provided by the employee.
5. Which documents may an employer accept to verify employment eligibility?
The form includes a list of acceptable documents and the employer must become familiar with these documents in order to review them and be able to make an honest determination regarding genuineness. Some acceptable documents include: U.S. Passport, Permanent Resident Card, Birth Certificate, Social Security Card, Employment Authorization Document, Driver’s License.
6. Can the employer accept copies of the documents?
No. The documents must be presented in original form.
7. Can the employer accept documents that have expired?
No. The documents presented by the employee cannot be expired.
8. How long must an employer retain a completed Form I-9?
Employers must retain a Form I-9 for each person hired. Once the individual’s employment has terminated, the Form I-9 must be retained, either for three years after the date of hire or for one year after the date employment is terminated, whichever is later.
9. Can the employer retain copies of Form I-9 documentation provided by the employee?
The employer may choose to retain copies of an employee’s documents. If the employer chooses to do this, the employer must do so for ALL employees, regardless of actual or perceived national origin or citizenship status, or the employer may be in violation of anti-discrimination laws.
10. What can an employer do if an employee fails to present acceptable documents?
An employer should terminate an employee who fails to produce an acceptable document or documents or an acceptable receipt for a document within three business days of the date employment begins.
11. Does the employer have a duty to re-verify employment authorization for current employees?
When an employee’s employment authorization or employment authorization documentation expires, the employer must re-verify their employment authorization no later than the date employment authorization expires.
12. Can an employer conduct internal audits & correct errors or omissions?
An employer may conduct internal audits and make corrections. The employer must make sure that ALL employees are treated the same during the internal audit process in order to avoid potential discrimination issues.
An attorney or other third party may assist with this process.
13. Are there penalties for failing to complete Form I-9?
Yes. The employer may be fined for failure to complete Form I-9 or for errors in completing Form I-9. In certain instances, the employer may face criminal charges.
14. What is E-Verify and is it mandatory?
E-Verify is an electronic system that provides access to federal databases to help employers confirm the employment authorization of new hires. It is not mandatory to sign up to use E-Verify but many federal contracts will require the contractor to use E-Verify.
If you have questions about your immigration case here in Florida, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Groups. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any family or marital legal issues you may be experiencing.
