New I-9 Handbook for Employers - Immigration Lawyer

4*It employees are unable to present the requireddocument(s) within 3 business days of the dateemployment begins, they must present a receiptfor the application for the document(s) within 3business days. The employees must haveindicated, by having checked an appropriate boxin Section 1, that they are already eligible to beemployed in the United States. When theyprovide you with a receipt showing that theyhave applied for a document evidencing thateligibility, you should record the document title inSection 2 of the Form I-9 and write the word''receipt'' and any document number in the"Document #" space. The employee mustpresent the actual document within 90 days ofthe date employment begins. At that time, youshould cross out the word "receipt" and anyaccompanying document number, insert thenumber from the actual document presented,and initial and date the change.*You must retain the Form I-9 for 3 years afterthe date employment begins or 1 year after theperson's employment is terminated, whicheveris later.Future Expiration DatesFuture expiration dates may appear on the Form I-9 oron the employment authorization documents of aliens,including, among others, permanent residents,temporary residents, and refugees. INS includesexpiration dates even on documents issued to alienswith permanent work authorization. The existence ofa future expiration date:*Does not preclude continuous employmentauthorization;* Does not mean that subsequent employmentauthorization will not be granted; and* Should not be considered in determiningwhether the alien is qualified for a particularposition.Consideration of a future employment authorizationexpiration date in determining whether an alien isqualified for a particular job may constituteemployment discrimination. (See Part 4.) You will,however, need to reverify the employee's eligibility towork when any expiration date on the Form I-9 isreached.Reverifying Employment Authorization for CurrentEmployeesWhen an employee's work authorization expires, youmust reverify his or her employment eligibility. Youmay use Section 3 of the Form I-9 or, if Section 3 hasalready been used for a previous reverification orupdate, use a new Form I-9. If you use a new form,you should write the employee's name in Section 1,complete Section 3, and retain the new form with theoriginal. The employee must present a document thatshows either an extension of the employee's initialemployment authorization or now work authorization.If the employee cannot provide you with proof ofcurrent work authorization, you cannot continue toemploy that person.To maintain continuous employment eligibility, anemployee with temporary work authorizationshould apply for new work authorization at least90 days before the current expiration date. If theService fails to adjudicate the application foremployment authorization within 90 days, then theemployee will be authorized for employment on FormI-688B for a period not to exceed 240 days.You must reverify on the Form I-9 not later thanthe date the employee's work authorizationexpires.Reverifying or Updating EmploymentAuthorization for Rehired EmployeesWhen you rehire an employee, you must ensure thathe or she is still authorized to work. You may do thisby completing a new Form I-9 or you may reverity orupdate the original form by completing Section 3.If you rehire an employee who has previouslycompleted a Form I-9, you may reverify on theemployee's original Form I-9 (or on a new Form I-9 ifSection 3 of the original has already been used) if:*You rehire the employee within 3 years of theinitial date of hire; and* The employee's previous grant of workauthorization has expired but he or she iscurrently eligible to work on a different basis orunder a new grant of work authorization thanwhen the original Form I-9 was completed.