New I-9 Handbook for Employers - Immigration Lawyer

More documents

Recommendations

Info

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.
5To reverify, you must:*Record the date of rehire;*You should write "Individual under age 18" inSection 2, List B, in the space after the words"Document #"; and* Record the document title, number, andexpiration date (if any) of any document(s)presented;**Sign and date Section 3; andIf you are reverifying on a new form, write theemployee's name in Section 1.If you rehire an employee who has previouslycompleted a Form I-9, you may update on theemployee's original Form I-9 or on a new Form I-9 if:* You rehire the employee within 3 years of theinitial date of hire; and* The employee is still eligible to work on thesame basis as when the original Form I-9 wascompleted.To update, you must:* Record the date of rehire;* Sign and date Section 3; and* If you are updating on a new form, write theemployee's name in Section 1.In all of the situations described above with respect torehired employees, you always have the option ofcompleting Sections 1 and 2 of a new Form I-9instead of completing Section 3.*The minor must present a List C documentshowing his or her employment eligibility. Youshould record the required information in theappropriate space in Section 2.Handicapped Employees (Special Placement)If a person with a handicap, who is placed in a job bya nonprofit organization or as part of a rehabilitationprogram, cannot present a List A document or anidentity document from List B, the Form I-9 shouldbe completed in the following way:*A representative of the nonprofit organization, ora parent or a legal guardian, must completeSection 1 and write "Special Placement" in thespace for the employee's signature;*The representative, parent, or legal guardianmust complete the "Preparer/TranslatorCertification" block;*You should write "Special Placement" in Section2, List B, in the space after the words"Document #"; and*The handicapped employee must present a ListC document showing his or her employmenteligibility. You should record the requiredinformation in the appropriate space in Section2.Minors (Individuals Under Age 18)If a minor -- a person under the age of 18 -- cannotpresent a List A document or an identity documentfrom List B, the Form I-9 should be completed in thefollowing way:* A parent or legal guardian must completeSection 1 and write "Individual under age 18" inthe space for the employee's signature;*The parent or legal guardian must complete the"Preparer/Translator Certification" block;
Page 1 and 2: Handbook for EmployersInstructions
Page 3 and 4: 1ContentsPart OneThis Handbook is d
Page 5: 3Part TwoPart ThreeWhen You Must Co
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 and 18: 1521. Q. I noticed on the Form I-9
Page 19 and 20: 1733. Q. Will I get any advance not
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

New I-9 Handbook for Employers - Immigration Lawyer

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?