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New I-9 Handbook for Employers - Immigration Lawyer

New I-9 Handbook for Employers - Immigration Lawyer

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1627. Q. What do I do when an employee's workauthorization expires?28. Q.A. You will need to reverify on the I-9 in orderto continue to employ the person.Reverification must occur not later than thedate that work authorization expires. Theemployee must present a document thatshows either an extension of theemployee's initial employment authorizationA.29. Q. As an employer, do I have to fill out allthe I-9s myself?A. No. You may designate someone to fill outthe I-9s <strong>for</strong> you, such as a personnelofficer, <strong>for</strong>eman, agent, or anyone elseacting in your interest. However, you arestill liable <strong>for</strong> any violations of the employersanctions laws.or new work authorization. You must 30. Q. Can I contract with someone toreview this document and, if it reasonablycomplete the I-9s <strong>for</strong> my business?appears on its face to be genuine and toA. Yes. You can contract with another personrelate to the person presenting it, recordor business to verify employees' identitythe document title, number, and expirationand work eligibility and to complete the I-9sdate (if any), in the Updating and<strong>for</strong> you. However, you are still responsibleReverification Section on the I-9 (Section<strong>for</strong> the contractor's actions and are liable3), and sign in the appropriate space. You<strong>for</strong> any violations of the employer sanctionsmay want to establish a calendar call-uplaws.system <strong>for</strong> employees whose employmentauthorization will expire in the future.NOTE: You cannot refuse to accept adocument because it has a futureexpiration date. You must accept anydocument (from List A or List C) listed onthe I-9 and in Part 8 of this <strong>Handbook</strong>which on its face reasonably appears to begenuine and to relate to the personpresenting it. To do otherwise could be anunfair immigration-related employmentpractice.Can I avoid reverifying the I-9s by nothiring persons whose employmentauthorization has an expiration date?You cannot refuse to hire persons solelybecause their employment authorization istemporary. The existence of a futureexpiration date does not precludecontinuous employment authorization <strong>for</strong> anemployee and does not mean thatsubsequent employment authorization willnot be granted. In addition, considerationof a future employment authorizationexpiration date in determining whether analien is qualified <strong>for</strong> a particular job couldbe an unfair immigration-relatedemployment practice.31. Q.A.32. Q.A.As an employer, can I negotiate myresponsibility to complete the I-9s in acollective bargaining agreement with aunion?Yes. However, you are still liable <strong>for</strong> anyviolations of the employer sanctions laws.If the agreement is <strong>for</strong> a multi-employerbargaining unit, certain rules apply. Theassociation must track the employee's hireand termination dates each time theemployee is hired or terminated by anemployer in the multi-employerassociation.What are the requirements <strong>for</strong> retainingthe I-9?If you are an employer, you must retain theI-9 <strong>for</strong> 3 years after the date employmentbegins or 1 year after the date the person'semployment is terminated, whichever islater. If you are an agricultural association,agricultural employer, or farm laborcontractor, you must retain the I-9 <strong>for</strong> 3years after the date employment begins <strong>for</strong>persons you recruit or refer <strong>for</strong> a tee.

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