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 for you, such as a personnelofficer, foreman, agent, or anyone elseacting in your interest. However, you arestill liable for 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 for 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 andfor you. However, you are still responsibleReverification Section on the I-9 (Sectionfor the contractor's actions and are liable3), and sign in the appropriate space. Youfor any violations of the employer sanctionsmay want to establish a calendar call-uplaws.system for 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 Handbookwhich 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 for 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 for 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 for anyviolations of the employer sanctions laws.If the agreement is for 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 for retainingthe I-9?If you are an employer, you must retain theI-9 for 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 for 3years after the date employment begins forpersons you recruit or refer for a tee.
1733. Q. Will I get any advance notice if an INS,DOL, or OSC officer wishes to inspectmy I-9s?34. Q.A. Yes. The officer will give you at least 3days (72 hours) advance notice before theinspection. If it is more convenient for you,you may waive the 3-day notice. You mayalso request an extension of time in whichto produce the I-9s. The INS, DOL, orOSC officer will not need to show you asubpoena or a warrant at the time of theinspection.A.NOTE: This does not preclude the INS,the DOL, or the OSC from obtainingwarrants based on probable cause forentry onto the premises of suspectedviolators without advance notice.Failure to provide the I-9s for inspection isa violation of the employer sanctions lawsand could result in the imposition of civilmoney penalties.Do I have to complete an I-9 forCanadians who entered the UnitedStates under the Free TradeAgreement?Yes. You must complete an I-9 for allemployees. Canadians must show identityand employment eligibility documents justlike all other employees.36. Q. If I am a recruiter or referrer for a fee,do I have to fill out I-9s on personswhom I recruit or refer?A. No, with three exceptions. Agriculturalassociations, agricultural employers, andfarm labor contractors are still required tocomplete I-9s on all individuals who arerecruited or referred for a fee. However,all recruiters and referrers for a fee muststill complete I-9s for their ownemployees hired after November 6, 1986.Also, all recruiters and referrers for a feeare still liable for knowingly recruiting orreferring for a fee aliens not authorized towork in the United States.37. Q.A.38. Q.A.Can I complete Section 1 of the I-9 foran employee?Yes. You may help an employee whoneeds assistance in completing Section 1of the I-9. However, you must alsocomplete the "Prepare/TranslatorCertification" block. The employee muststill sign the certification block in Section 1.If I am a business entity (corporation,partnership, etc.), do I have to fill outI-9s on my employees?Yes, you must complete I-9s for all of youremployees, including yourself.35. Q. If I acquire a business, can I rely on theI-9s completed by the previousowner/employer?A. Yes. However, you also accept fullresponsibility and liability for all I-9scompleted by the previous employerrelating to individuals who are continuing intheir employment.
Page 1 and 2: Handbook for EmployersInstructions
Page 3 and 4: 1ContentsPart OneThis Handbook is d
Page 5 and 6: 3Part TwoPart ThreeWhen You Must Co
Page 7 and 8: 5To reverify, you must:*Record the
Page 9 and 10: 7Part Three of this Handbook gives
Page 11 and 12: 9Additional InformationPart FiveFor
Page 13 and 14: 11C. CIVIL DOCUMENT FRAUDIf an inve
Page 15 and 16: 138. Q. What happens if I properly
Page 17: 1521. Q. I noticed on the Form I-9
Page 21 and 22: 19Questions About Employees Hired B
Page 23 and 24: 21LIST BDocuments That Establish Id
Page 25 and 26: 23Unexpired Foreign Passport with I
Page 27 and 28: 25Temporary Resident Card I-688Issu
Page 29 and 30: Unexpired Refugee Travel Document I
Page 31 and 32: 29Document List CDocuments That Est
Page 33 and 34: 31I-20 ID Card Accompanied by a For
Page 35 and 36: 33REMEMBER:* Hiring employees witho
Page 37: If you have questions after reviewi

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