GoffWilson Immigration bLAWg

Answer: By law, all employers are required to complete and retain an I-9 Employment Eligibility Verification Form for all employees (including U.S. citizens and non-citizens) hired to work in the United States after November 6, 1986.

Answer: New employees must complete Section 1 of the I-9 no later than the close of business on their first day of work.  The employer must complete Section 2 of the I-9 no later than the employee’s third day of employment (i.e., within three business days of the date employment begins).  The Form I-9 can be completed before employment begins, if it is completed for all new hires at the same point in the employment process.

Answer: Notify the employee that the document is not on the list.  Hand the employee the list of accepted documents and ask the employee for a document from that list.  Do not, under any conditions, demand a specific document.  You may provide examples from the list.  If the employee provides a document that is acceptable on its face and reasonably relates to that employee, do not ask for additional documentation.

Answer: According to the Handbook for Employers issued by the Department of Justice, “you may not accept a laminated Social Security Card as evidence of employment eligibility if the card states on the back ‘not valid if laminated’.  Lamination of such cards renders them invalid.” If the Social Security Card is invalid, please ask the employee to either present a document from List A or one document from List B and one document from List C.

Answer: No, the employee may sign the form outside of your presence.  However, you do need to personally examine the documents presented for Section 2 and verify that (1) the documents appear genuine on their face; and (2) they reasonably relate to the employee who is presenting the documents.

Answer: The company should adopt a uniform policy for photocopying documents, which is adhered to regardless of citizenship or nationality.  It is advisable to keep photocopies of all documents presented for all employees, including US citizens.

Answer: Yes, you can accept a receipt for a replacement of a lost, stolen, or damaged green card.  Yes, you do have follow-up obligations.  The employer must re-verify the I-9 Form within the next 90 days.  Proof of the employee’s ongoing efforts to replace the card or work with the Immigration Service is acceptable. The Form I-9 should be noted every 90 days until the lost, stolen, or damaged card is replaced and presented.

Answer: Employers are required to maintain I-9 records on file for three years from an employee’s date of hire or one year after an employee’s separation from the company, whichever is later.  Thus, employers are required to keep I-9s for (a) all current employees hired after November 6, 1986, and (b) all separated/terminated employees within the retention period.

Answer: The employer needs to review the employee’s attestation of status within Section 1, which is where the employee must swear to the expiration of their work eligibility.  Generally, an employee will only need to be re-verified if they have listed an expiration date for their work eligibility.  If re-verification is necessary, it must be completed by the employer on or before the expiration date. If the employee indicates in Section 1 that they are a U.S. citizen, then re-verification is never necessary.  It is important to note that not all documents listed within Section 2 will need to be re-verified.