New I-9 Handbook for Employers - Immigration Lawyer

2*Review document(s) establishing eachemployee's identity and eligibility to work;*Properly complete Section 2 of the Form I-9;*Retain the Form I-9 for 3 years after the date theperson begins work or 1 year after the person'semployment is terminated, whichever is later;and*Make the Form I-9 available for inspection to anofficer of the Immigration and NaturalizationService (INS), the Department of Labor (DOL),or the Office of Special Counsel for ImmigrationRelated Unfair Employment Practices (OSC)upon request. You will be given at least 3 daysadvance notice.NOTE: This does not preclude the INS, theDOL, or the OSC from obtaining warrants basedon probable cause for entry onto the premises ofsuspected violators without advance notice.If you are an agricultural association, agriculturalemployer, or farm labor contractor who employspeople, or recruits or refers people for a fee, theserequirements apply to you. (See Part 6.)If you employ anyone for domestic work in yourprivate home on a regular basis (such as everyweek), these requirements apply to you.If you are self-employed, you do not need to completea Form I-9 on yourself unless you are also anemployee of a business entity, such as a corporationor partnership, in which case the business entity isrequired to complete a Form I-9 on you.The instructions in this Handbook will help you assessyour responsibilities for completing the form andcomplying with the law.New Developments In the LawThe Immigration Act of 1990On November 29, 1990, the President signed into lawthe Immigration Act of 1990 which amended theImmigration and Nationality Act. You should be awareof several provisions in this new law which affect yourresponsibilities as an employer.New Anti-Discrimination ProvisionsFor the purpose of satisfying the employmenteligibility verification requirements, an employercannot request that an employee present more ordifferent documents than are required. Also, anemployer cannot refuse to honor documents which ontheir face reasonably appear to be genuine and torelate to the person presenting them. The new lawmakes these actions unfair immigration-relatedemployment practices. (See Part 4.)New Document Fraud ProvisionsUnder the new law, it is unlawful for anyone knowinglyto engage in any of the following activities for thepurpose of satisfying a requirement of the Act:* To forge, counterfeit, alter, or falsely make anydocument;* To use, attempt to use, possess, obtain, accept,or receive any forged, counterfeit, altered, orfalsely made document;*To use or attempt to use any document lawfullyissued to a person other than the possessor(including a deceased individual); or*To accept or receive any document lawfullyissued to a person other than the possessor(including a deceased individual) for the purposeof complying with the employment eligibilityverification requirements. (See Part 5.)Where to Get the Form I-9Two copies of the Form I-9 are included in thisHandbook. If you need more forms, you canphotocopy or print the forms, provided both sides arereproduced. The Instructions page must also bemade available to both you and the employee duringthe completion of the form. You may obtain a limitednumber of copies from the INS or you may orderthem in bulk from the Superintendent of Documentsat the following address:Superintendent of DocumentsU.S. Government Printing OfficeWashington, D.C. 20402