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Legal Guide: Documents Required for I-9 Compliance

Top 10 Legal Questions and Answers: What Documents Required for I-9

# Question Answer
1 What is Form I-9 and why is it important? Form I-9 used verify identity employment individuals hired employment United States. It ensures that businesses are employing individuals who are authorized to work in the country, and helps prevent unlawful discrimination in hiring practices. Without a properly completed Form I-9, businesses may face fines and penalties. Like gatekeeper legal employment – right?
2 What are the acceptable documents for Form I-9? There are three lists of acceptable documents that can be presented to satisfy the requirements of Form I-9 – List A, List B, and List C. List A includes documents such as a U.S. passport, Permanent Resident Card, or foreign passport with I-551 stamp, while List B includes documents like a driver`s license or ID card issued by a state. List C includes documents such as a Social Security card or birth certificate. Each document must unexpired original, employees must present one document List A combination one document List B one document List C. Like together puzzle, legal documents!
3 Can an employer specify which documents they will accept for Form I-9? No, employers specify documents accept employee. As long as the documents presented appear to be reasonably genuine and relate to the individual, the employer must accept them. Employers also cannot require specific documents over others, as this could lead to discrimination claims. Fairness following law, isn`t fascinating?
4 Can an employer reverify an employee`s Form I-9? Yes, an employer can reverify an employee`s Form I-9 when their employment authorization document (EAD) expires. This must be done by the expiration date of the employee`s EAD and the employer cannot reverify based on citizenship or national origin. It`s like staying on top of the legal paperwork to make sure everything is in order – exciting, right?
5 Can an employer reject documents presented by an employee for Form I-9? An employer reject presented employee unless reasonably appear genuine relate individual. If an employer has reason to believe that the documents are fraudulent, they must follow specific procedures laid out by the U.S. Citizenship and Immigration Services (USCIS) addressing situations. It`s like being a detective to ensure legal compliance – thrilling, isn`t it?
6 Can an employer accept photocopies of documents for Form I-9? No, an employer cannot accept photocopies of documents for Form I-9. The documents presented must be original and unexpired, and the employer must physically examine each document to determine if it reasonably appears to be genuine and to relate to the individual presenting them. Authenticity real deal, isn`t fascinating?
7 Can an employer use E-Verify in place of Form I-9? No, E-Verify is an electronic program that allows employers to verify the employment eligibility of their employees, but it does not replace Form I-9. Employers must still complete and retain Form I-9 for each individual they hire for employment in the United States, and then use E-Verify to confirm the information provided on Form I-9. It`s like a double-check to ensure legal compliance – fascinating, isn`t it?
8 What happens if an employer fails to properly complete Form I-9? If an employer fails to properly complete Form I-9, they may face fines and penalties. U.S. Immigration and Customs Enforcement (ICE) is responsible for conducting audits of Form I-9 compliance, and noncompliance can result in significant monetary penalties. It`s like a high-stakes game of legal compliance – thrilling, isn`t it?
9 Can an employer require additional documents beyond what is required for Form I-9? No, employer require documents beyond required Form I-9. The documents presented by an employee to satisfy the requirements of Form I-9 must only be used for that purpose, and an employer cannot request or specify additional documents beyond what is necessary. It`s all about following the rules and regulations, isn`t it fascinating?
10 Who is responsible for retaining Form I-9? Employers are responsible for retaining Form I-9 for each individual they hire for employment in the United States. These forms must be retained for a certain period of time after the date of hire or the date employment ends, whichever is later. It`s like keeping a historical record of legal employment – fascinating, isn`t it?

 

Documents Required for I-9

As a law blog, it`s important to understand the intricacies of the I-9 form, especially when it comes to the documents required to establish an employee`s identity and authorization to work in the United States. This is a vital part of the employment eligibility verification process, and getting it right is crucial in staying compliant with immigration law.

Understanding the I-9 Form

The I-9 form, officially known as the Employment Eligibility Verification Form, is used by employers to verify the identity and employment authorization of individuals hired for employment in the United States. Both employees and employers must complete the form, and it requires the individual to present specific documents to establish their identity and eligibility to work.

Documents Required for I-9

When comes Documents Required for I-9 form, important note employees option present either one document List A, combination one document List B one document List C. Let`s take closer look these document lists:

List A List B List C
• U.S. Passport U.S. Passport Card • Driver`s License ID card issued state outlying possession United States • Social Security card issued Social Security Administration (other card specifies face does not authorize employment United States)
• Permanent Resident Card Alien Registration Receipt Card (Form I-551) • School ID card photograph • Certification report birth issued Department State (Form DS-1350)
• Foreign passport contains temporary I-551 stamp temporary I-551 printed notation machine-readable immigrant visa • Voter`s registration card • Native American tribal document

Importance of Compliance

Ensuring that the proper documents are presented and recorded on the I-9 form is crucial for compliance with immigration law. Failure to comply with I-9 requirements can result in fines and other penalties for employers. Also important note U.S. Immigration and Customs Enforcement (ICE) regularly conducts I-9 audits to ensure compliance, and non-compliant employers can face serious consequences.

With employment eligibility verification process crucial aspect hiring employees, understanding Documents Required for I-9 form essential. Employers must ensure that they are diligent in collecting and recording the appropriate documents, while employees should be aware of their options when it comes to presenting acceptable forms of identification and employment authorization. By staying informed and compliant, both employers and employees can contribute to a lawful and productive work environment.

 

Legal Contract: Documents Required for I-9

Before an employee can officially start work in the United States, they must complete Form I-9, Employment Eligibility Verification. This form requires the employee to present specific documents to prove their identity and authorization to work. This legal contract outlines the documents required for Form I-9 compliance.

Section 1: Introduction Section 2: Documents Required Form I-9
1.1 This contract (“Contract”) is entered into between the employer and the employee for the purpose of establishing the required documents for Form I-9 compliance. 2.1 Pursuant 8 U.S. Code §1324a, following documents acceptable completion Form I-9:
1.2 The employer shall provide the employee with a list of acceptable documents for Form I-9 completion, as outlined by the U.S. Citizenship and Immigration Services (USCIS). 2.2 List A Documents: Documents that establish both identity and employment authorization, such as a U.S. Passport or Permanent Resident Card.
1.3 The employee agrees to present original, unexpired documents to the employer within three business days of their hire date, as stipulated by Form I-9 requirements. 2.3 List B Documents: Documents that establish identity, such as a state-issued driver`s license or ID card.
2.4 List C Documents: Documents that establish employment authorization, such as a Social Security card or birth certificate.
2.5 The employer shall not require the employee to present specific documents for Form I-9 completion, as it is the employee`s choice which acceptable documents to present.