I-9 Documents Overview of immigration law for employers Comparison of work visas Applying for permanent residency for an employee News on How Visa Delays Are Affecting Businesses Immigration Basics Immigration Glossary The basic requirement to verify work authorization is the Form I-9. The I-9 form is designed to determine who is authorized to work in the United States.
Employers must fill out and keep a Form I-9 for every person hired on or after November 6, 1986.
If the document provided is not in List A, the employee must provide a document from List B and a document from List C. Employers cannot specify which document or documents are acceptable from an employee.
If the person provides a document from List A, or a document from List B and a document from List C, the employer may not request any other document to verify employment eligibility.
If you do not participate in E-Verify, you are not required to make photocopies of documents.
If you do not participate in E-Verify, and you choose to photocopy the documents presented for an I-9 form, you must photocopy the documents of ALL new hires, not just those you think may be aliens.
Receipts are not acceptable, however, if employment lasts fewer than three business days. You may terminate an employee who fails to produce the required documents, or a receipt for replacement document(s) (in the case of lost, stolen or destroyed documents), within three business days of the date employment begins.
Other documents may be added to Photo Matching in the future.To do otherwise could be an unfair immigration-related employment practice. The only exception is an employee may present a certified copy of a birth certificate.If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. Employers should not re-verify Lawful Permanent Residents (LPRs) who presented a Permanent Resident Card (Form I-551) for Section 2 of the I-9 Form.While all citizens are authorized to work here, it is not always easy to recognize who is and is not a citizen because of the diverse heritage of our country.Employers must fill out an I-9 form for every employee, not just those who appear to be non-citizens. You need to complete Form I-9 only for people you actually hire.The employer must also see proof of authorization to work such as a U. Social Security Card (a Social Security Card that says "Not Valid for Employment" is not acceptable), a birth certificate showing birth in the U. or a valid Immigration document showing work authorization such as an employment authorization card or an H-1 or other working visa approval notice. The employer cannot require more than the minimum needed to comply with the I-9 form.The employer cannot specify which documents it wants to see. If the documents reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. The back of the form lists the types of documents that a new hire must provide to verify his or her identity and that he or she is authorized to work in the United States.Its purpose is not to determine who is and who is not a citizen.Additionally, the following documents should not be re-verified: an expired U. Passport or Passport Card, an Alien Registration Receipt Card, or a List B document that has expired Expired documents are no longer acceptable for Form I-9.However, the USCIS Handbook for Employers (page 43) specifically states that "You may accept Employment Authorization Documents (Forms I-766) and Permanent Resident Cards (Forms I-551) that appear to be expired on their face, but have been extended by USCIS. An employer may not refuse to hire because work authorization will expire in the future.