New I-9 Handbook for Employers - Immigration Lawyer

138. Q. What happens if I properly complete a 10. Q. If an employee writes down an AlienForm I-9 and INS discovers that myNumber or Admission Number whenemployee is not actually authorized tocompleting Section 1 of the I-9, can Iwork?ask to see a document with thatnumber?A. You cannot be charged with a verificationviolation. You will also have a good faithdefense against the imposition of employersanctions penalties for knowingly hiring anunauthorized alien, unless the governmentcan show you had actual knowledge of theunauthorized status of the employee, if youhave done the following:A. No. Although it is your responsibility as anemployer to ensure that your employeesfully complete Section 1 at the timeemployment begins, there is norequirement that employees present anydocument to complete this section.When you complete Section 2, you may*Ensured that employees fully andproperly completed Section 1 of theI-9 at the time employment began;not ask to see a document with theemployee's Alien Number or AdmissionNumber or otherwise specify whichdocument(s) an employee may present.*Reviewed the required documentswhich should have reasonably11. Q. What is my responsibility concerningappeared to have been genuine andto have related to the personthe authenticity of document(s)presenting them;presented to me?A. You must examine the document(s) and, if*Fully and properly completed Sectionthey reasonably appear on their face to be2 of the I-9, and signed and dated thegenuine and to relate to the personemployer certification;presenting them, you must accept them.* Retained the I-9 for the required To do otherwise could be an unfairperiod of time; andimmigration-related employment practice.If the document(s) do not reasonably*Made the I-9 available upon requestappear on their face to be genuine or toto an INS, DOL, or OSC officer.relate to the person presenting them, youmust not accept them.Questions About Documents12. Q. Why are certain documents listed inboth List B and List C? If these9. Q. May I specify which documents I willdocuments are evidence of bothaccept for verification?identity and employment eligibility, whyA. No. The employee can choose which aren't they found in List A?document(s) he or she wants to presentA. Three documents can be found in both Listfrom the lists of acceptable documents.B and List C- the U.S. Citizen ID Card andYou must accept any document (from Listthe ID Card for use of Resident Citizen inA) or combination of documents (one fromthe U.S. -- acceptable as ID Cards in List BList B and one from List C) listed on the I-9-- and a Native American tribal document.and found in Part 8 of this Handbook whichAlthough these documents are evidence ofreasonably appear on their face to beboth identity and employment eligibility,genuine and to relate to the personthey are not found in List A because List Apresenting them. To do otherwise couldbe an unfair immigration-relatedemployment practice. Individuals who lookand/or sound foreign must not be treateddifferently in the hiring or verificationprocess.documents are limited to those designatedby Congress in the law. An employee canestablish both identity and employmenteligibility by presenting one of thesedocuments. You should record thedocument title, issuing authority, number,and expiration date (if any) for thatdocument in the appropriate spaces forboth list B and List C.