Monday, November 26, 2012

Form I-9

In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA).
IRCA forbids employers from knowingly hiring individuals who do not have work authorization in the United States.
The employment eligibility verification provisions of IRCA are found in Section 274A of the Immigration and Nationality Act (INA).

Individuals who may legally work in the United States are:
Citizens of the United States
Noncitizen nationals of the United States
Lawful Permanent Residents
Aliens authorized to work

To comply with the employment eligibility verification provisions of the INA an employer must:
Verify the identity and employment authorization documents of employees hired after November 6, 1986
Complete and retain a Form I-9 for each employee hired after November 6, 1986
Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status

The anti-discrimination provisions of the INA prohibit four types of unlawful conduct:
Citizenship or immigration status discrimination*
National origin discrimination*
Document abuse during Form I-9 process
* Actual or perceived

All U.S. employers must have a Form I-9 on file for all current employees.
Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986.
You may delegate the authority to complete Form I-9 to a responsible agent, however, you will retain liability for any errors.

You must make the Lists of Acceptable Documents available to your EMPLOYEE when he or she is completing the Form I-9.

Section 2: Lists of Acceptable Documents
List A Establishes Identity and Employment Authorization
List B Establishes Identity
List C Establishes Employment Authorization
The EMPLOYEE MUST provide either:
One document from List A OR
One document from List B AND one document from List C

If you discover a mistake on Form I-9:
Correct the existing form OR prepare a new Form I-9.
If you choose to correct the existing Form I-9, line out the incorrect portions, enter the correct information, and initial and date the correction.
If you do a new Form I-9, retain the old form. You should also attach a short memo to both the new and old Forms I-9 stating the reason for your action.

If you discover you are missing the Form I-9 for an employee:
•Immediately provide the employee with a Form I-9.
•Allow employee 3 business days to provide acceptable documents.
•DO NOT backdate the Form I-9.

Form I-9 MUST be on file for all current employees.
Store Forms I-9 securely in a way that meets your business needs – on site, off-site, storage facility or electronically.
Store Forms I-9 and document copies together.
Ensure that only authorized personnel have access to stored Forms I-9.
Make Forms I-9 available within 3 days of an official request for inspection.

To identify the retention date, add 3 years to the hire date and 1 year to the date employment was terminated. The date that is later is the retention date. Example: John Smith was hired on November 1, 1993, and on July 5, 1994, employment was terminated. November 1, 1993 + 3 years = November 1, 1996 July 5, 1994 + 1 year = July 5, 1995 The retention date is November 1, 1996.

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