Ensuring Your Employees Are Eligible to Work in the US

Setting up a business as a first-time employer is equally exciting and stressful. There are many responsibilities, from registering the business to securing operational space. Eventually, you’ll be ready to hire employees to support your mission. When you reach that stage, your concern might lie primarily in finding the right person and screening them for safety. However, do you know how to confirm that your employees are eligible to work in the US?

Under immigration law in the United States, every employer must verify that employees have the appropriate authorization to work here. Failing to do so could lead to fines and other actions if a federal audit uncovers poor or lacking recordkeeping. To verify employment eligibility, you must become familiar with the Form I-9. Here’s a brief overview of the core points new employers need to know about the I-9.

What Is the Form I-9?

The Form I-9 is the document the government requires employers to use to verify employment authorization. It primarily consists of two fundamental parts: Section 1 and Section 2. Section 1 is for employees, while Section 2 is for employers. The I-9 requires specific information about the employee and employer. It serves as an evidentiary record of the employer’s due diligence.

The I-9 process requires employees to present specific documents. These documents, selected according to the employee’s choice from an expansive list, can verify identity, authorization, or both. A few common forms – such as a birth certificate – are sufficient for most US citizens. Employers may encounter a wider variety of documents from foreign nationals or immigrants presenting different authorizing documents.

The I-9 is not a document filed or formally lodged with the government. Instead, employers must maintain I-9 records for all current and some former employees according to specific rules. If the government requests a review of your I-9 forms, you have a limited window to respond for compliance. Therefore, it’s essential to use procedures that produce accurate and complete I-9s for every employee.

Who Completes the Form I-9?

Only the employee who is the subject of the form may complete Section 1. If the employee requires the assistance of a translator or preparer, a supplementary section is completed. The translator or preparer must also complete this section with personal contact information.

Only the employer may complete Section 2, which contains information about the business and the document verification process you undertake. You may make copies of an individual’s documents and keep them associated with their I-9 file. If you need to correct the form, use a new form or attach an explanatory note to the existing I-9. Only the relevant party can make corrections to their section. Never use corrective fluid.

A Quick Overview of the Form I-9 Sections 1 and 2

Section 1 is the employee section that provides personal details and affirms their employment status. Information includes the individual’s full legal name, any legal aliases, birth date, and address. The employee must indicate whether they are a USA-authorized non-citizen, a permanent resident, or another status. The employee then signs and dates the form to vouch that they’ve represented themselves truthfully. The employee then presents their documents from the I-9 lists for review.

When the employer completes section 2, they must note information about the documents the employee provides. These include the document type, the issuing authority, the expiration date, and any unique document ID number—if one exists. You may need to examine List A documents only or use a combination of List B and C documents. When noting this information, you must also examine the documents to verify that they appear reasonably genuine.

Afterward, you will also sign and date this section, pledging that you examined the documents, which appear to be in order. Employers may designate anyone they wish to be an authorized business representative capable of conducting this review and signing the affirmation.

How Do You Spot Fraudulent Documents?

The USCIS states that an employer is only responsible for ensuring the documents appear genuine. You must also ensure that the document relates to the employee who provides it. In other words, photos must match when present, along with names, birthdays and other identifying information.

The goal of the I-9 process is not to turn employers into document detectives. However, you should still carefully examine documents to confirm there are no apparent signs of defects. Some signs that might indicate a document isn’t genuine include:

• Mismatched personal information.
• Typographical errors that would never be present on an official document.
• Incorrect, blurry, or dark photographs.
• Misaligned text or clear printing errors.
• Inferior document quality
• Considerably damaged documents.

Remember, the standard is a reasonable appearance of genuine quality. Review the different acceptable documents on the USCIS and view pictures of what represents validity. You can also sign up for E-Verify for an additional layer of due diligence.

E-Verify checks document data against the information the government holds. It also checks photo IDs on documents against government data. E-Verify reports potential mismatches or clears your employee. Fast, free, and practical, this service helps ensure you’ve done as much as possible to prevent forgeries and fraud.

Finding Additional Help for Streamlining I-9 Workflows

When companies rely strictly on paper-based processes, completing employee I-9s can become very time-consuming. At backgroundchecks.com, we contract with a trusted third party to provide a digital solution for completing the form I-9 online. Additional integration with E-Verify makes it simple for you to obtain the benefits of that service, too.

Ensure you’ve done everything necessary to be confident that your employees are eligible to work in the US. Refer to the USCIS Handbook for Employers M-274 for complete details and in-depth guidance on I-9 procedures. With the proper steps, you can make your new business compliant quickly.