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Attention Employers: Immigration and Employee Eligibility

You read it in the newspapers. You see it on TV. Immigration has become a hot topic and employers need to take the proper steps to ensure employee eligibility.

Here are some helpful tips:

All employees, citizens and non-citizens, hired after November 6, 1986, must complete Section 1 of Employment Eligibility Form I-9 at the time of hire. The employer is responsible for ensuring that Section 1 is timely and properly completed.
Employers must complete Section 2 of Form I-9 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins.
List of acceptable documentation include:

Documents that establish both identity and employment eligibility

LIST A

U.S. Passport (unexpired or expired)
Certificate of U.S. Citizenship(Form N-560 or N-561)
Certificate of Naturalization(Form N-550 or N-570)
Unexpired foreign passport with I-551 stamp or attached Form I-94 indicating unexpired employment authorization
Permanent Resident Card or Alien Registration Receipt Card with photograph(Form I-151 or I-551)
Unexpired Temporary Resident Card (Form I-688)
Unexpired Employment Authorization Card(Form I-688A)
Unexpired Reentry Permit(Form I-327)
Unexpired Refugee Travel Document (Form 1-571)
Unexpired Employment Authorization Document issued by DHS that contains a photograph(Form I-688B)

LIST B

Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
School ID card with a photograph
Voter's registration card
U.S. Military card or draft record
Military dependent's ID card
U.S. Coast Guard Merchant Mariner Card
Native American tribal document
Driver's license issued by a Canadian government authority

For persons under age 18 who are unable to present a document listed above:
School record or report card
Clinic, doctor or hospital record
Day-care or nursery school record

AND (items of lists B & C together)

LIST C

U.S. social security card issued by the Social Security Administration(other than a card stating it is not valid for employment)
Certification of Birth Abroad issued by the Department of State (FormFS-545 or Form DS-1350)
Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal
Native American tribal document
U.S. Citizen ID Card (Form I-197)
ID Card for use of Resident Citizen in the United States(Form I-179)
Unexpired employment authorization document issued by DHS (other than those listed under List A)

Frequently Asked Questions About Employment Eligibility

Do citizens and nationals of the U. S. need to prove, to their employers, they are eligible to work?
Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.

Do I need to complete a Form I-9 for everyone who applies for a job with my company?
No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is "hired" when he or she begins to work for you for wages or other compensation. I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is "remuneration"? Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.

Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

What happens if I properly complete a Form I-9 and the ICE discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.

What is my responsibility concerning the authenticity of document(s) presented to me?
You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local ICE office for assistance. To get the address and telephone number of the ICE office nearest you, please click the ICE district office directory.

May I accept a photocopy of a document presented by an employee?
No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.

Source: U.S. Citizenship and Immigration Services

For more information, visit www.uscis.gov.

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