New York SBDC Research Network

From US Citizenship and Immigration Services : Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retai

According to the Bizjournals.com website and the Business Review newsweekly, employers must begin using a revised I-9 work eligibility verification form for new employees by December 26, 2007. The U.S. Citizenship and Immigration Service revised it to update the types of documents that can be used. "The new form also instructs employees that they don't have to include their Social Security number on the form unless they used their Social Security card as evidence of their work eligibility or unless their employer participates in the E-Verify program. Employers in this voluntary program electronically check a new worker's Social Security or visa number against government databases." In other employer news from the US government, the Department of Homeland Security plans to revise its new regulation that would require employers to fire employees if they can't resolve discrepancies between the Social Security numbers submitted by workers and government records. "

A question we were asked recently: Does a business need to get I-9 forms (employment eligibility verification) from its independent contractors? My answer: No. And yes. No, it’s not required of them, but if someone, say Wal-Mart, had a bunch of illegal immigrants working 60-hour weeks with no overtime on their behalf, that would look bad for Wal-Mart. Wait, that DID happen . From this law site : The government is looking beyond the mere labels of "independent contractor" to see if the employer had knowledge of its contractors' practices. In this type of environment, prudent employers who do not want to be the target of a federal investigation or prosecution will review their immigration law compliance efforts and make sure that they, and their executives, are not aware of violations by their contractors... At a minimum, require your contractors to furnish you with copies of Forms I-9 and supporting documentation for the workers they bring onto your site. From this legal