Uscis Employer or Authorized Representative Review and Verification

i. I-ix Verification Requirements

Form I-9

Grade I-9, the Employment Eligibility Verification, is a U.Due south. Citizenship and Immigration Services (USCIS) form used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment.

Both employees and employers, or authorized representatives of the employer, are obliged to complete the form. Employees have to adjure their employment authorisation and too present their employer with adequate documents proving identity and employment potency. Within the I-ix verification procedure, the employer has to examine the employment eligibility and identity documents an employee presents in order to determine whether they appear to be genuine and tape the certificate information on the Form I-nine.

Employers need to retain original I-9 forms for three years after the date of hire, or one year after the engagement employment ends, whichever is later. The forms should be stored separately from other personnel files, and made available for inspection by authorized government officers.

USCIS Handbook for Employers M-274 is designed to supplement employers' understanding and knowledge regarding various I-9 verification obligations. Therefore, information technology tin be used as the main source of I-ix compliance information and education. A new version of the Handbook was issued in conjunction with the new Course I-nine, which became mandatory on May one, 2020. Information technology offers clarification on several I-nine verification procedures, such as revised guidance for completing Class I-9 in specific situations. This includes F-1 foreign students changing status to H-1B and foreign workers with an automatic extension of a USCIS Employment Say-so Document (EAD). Furthermore, the new Handbook explains how an individual tin can serve as an authorized representative to complete Form I-9 on behalf of an employer.

Prerequisites for Employees

In completing Grade I-9, prospective employees attest, under penalization of perjury, that they belong to one of the following categories:

a non-Us denizen national,

a lawful permanent resident, or

an conflicting authorized to work.

I-9 Procedures in Spanish

The USCIS offers a Spanish version of The Handbook for Employers: Instructions for Completing Form I-9 (M-274).

The Spanish Handbook for Employers provides comprehensive answers to questions almost Grade I-ix, instructions on how to complete and retain Form I-nine, lists of adequate employment dominance and identity documents, and gives specific guidance for recruiters.

two. Instructions for Completing Class I-9

All U.Southward. employers must ensure proper completion of Class I-ix.

Form I-9: Section 1 – Employee Data and Attestation

When an offer of employment is accepted, the employee must complete Section 1 of Course I-ix no later than the get-go twenty-four hours of work for pay, or before the first day of piece of work, if the employer has offered the individual a job and if the prospective employee has accepted it.

INSTRUCTIONS FOR EMPLOYEES

Section 1 is filled by employees who need to listing their full legal name, middle initial, and maiden proper noun, if applicable. They must provide their existing address and appointment of birth. Employees do not have to give their social security number unless the employer uses East-Verify. The employee must attest under the penalty of perjury his or her citizenship or employment-authorized immigration status, the Alien or Admission Number, if applicable, and the engagement employment authorisation expires. Employees have to sign and date Section 1, certifying the data as true. They have to sign the grade even if a translator assists in the preparation of Section i. The translator must also provide his or her name, address, signature, and engagement.

INSTRUCTIONS FOR EMPLOYERS

Employers need to review the information that the employee has provided in Section one and ensure that all required fields are completed. Otherwise, not adhering to I-9 compliance requirements may lead to penalties nether federal law. If in that location are whatever errors in Section 1, employees have to make necessary corrections, initial, and date them.

Class I-9: Section 2 – The Employer Review and Testament

PRESENTING ORIGINAL DOCUMENTATION

Section ii must be filled by the employer no subsequently than three business days of the employee's first twenty-four hours of piece of work for pay. The employee must present the employer with unexpired original documentation that shows identity and employment authority. Information technology is important to note that the employee chooses which documentation to present. An employer cannot specify which documentation the employee uses because doing and then would subject the employer to a merits of unlawful bigotry.

I-9 VERIFICATION REQUIREMENTS FOR EMPLOYERS

Employers physically examine each original document the employee presents to determine if the document reasonably appears to be 18-carat and relates to the person presenting information technology. Information technology is important to make sure the person who examines the documents is the same person who attests and signs Department ii.

Employers enter the document title, issuing dominance, number, and expiration engagement in Department 2 from original documents supplied by the employee. If employers choose to brand copies of the documents, they need to do then for all employees, regardless of national origin or citizenship condition. Otherwise, they may violate anti-bigotry laws. Upon completing the I-9 verification process, employers return the original documents to employees.

After filling in the date employment begins and information in the certification block, employers sign and date Form I-9.

DESIGNATING AUTHORIZED REPRESENTATIVE

Employers may designate or contract with someone such equally a personnel officer, foreman, agent, or anyone else acting on their behalf, including notary public, to consummate Department 2. All the same, anyone else who completes Form I-9 on their behalf must bear out full I-9 verification responsibilities. It is non acceptable for the designated person to physically examine the employee'due south employment potency and identity documents, and leave Department 2 for employers to complete.

According to the latest version of Form I-9, issued on Jan 31, 2020, employers may designate anyone to be an authorized representative to complete Section two. Notwithstanding, employers are still liable for whatever violations in connection with the form or the I-9 verification process, including whatsoever violations of the employer sanctions laws committed by the person designated to deed on their behalf.

Course I-ix: Section iii – Reverification and Rehires

I-9 REVERIFICATION INSTRUCTIONS

If employees nowadays documents that found a temporary right to work, they must be reverified on or earlier the expiration date of the document that controls work authorization.

Employers must track the expiration dates of work authorization documents to ensure reverification is completed before their expiration and it is recommended that employers notify employees of the upcoming expiration upward to six months in accelerate. Employers may not continue to employ employees beyond the date a temporary piece of work potency certificate expires without updating or reverifying their Course I-9.

Upon review of the original documents, the employer must consummate Section 3 by clearly and accurately recording the required information from the documents, including any expiration dates that announced on the documents.

CONFIRMING Piece of work Say-so

Employers must complete the Reverification and Rehires section by entering their full proper noun and signing and dating the Form I-9, acknowledging, nether penalty of perjury, that the employee appears to be authorized to piece of work. Thus, they also acknowledge that they have reviewed the original documents presented to confirm that they relate to the employee. To ensure I-9 compliance, section 3 must exist completed, signed, and dated on or before the date of expiration of the previous work authorizing document.

Section 3 FOR REHIRES

Section 3 may also be used to record a change in employees' names, as in a marriage, or for employees who are rehired before the I-9 retention period expires, every bit long as the documents originally presented remain valid at the time of rehire. Alternatively, the rehire process may be completed past executing a new Form I-9.

3. Form I-9 Retentiveness and Storage

Employers must maintain their I-9 records for possible inspection past the federal government. This ways they accept to be prepared to produce I-9 records for all electric current employees every bit well as for terminated employees who fall within the retention period – iii years from the date of rent or one year from the date of termination, whichever is afterward.

I-9 records may be stored at the worksite or other locations, simply the storage option must make it possible for the documents to exist transmitted to a primal location quickly. Official notices for the production of documents for inspection are legally required to provide 72 hours' notice.

Employers should avoid storing I-9 records in employees' personnel files considering it may exist hard to excerpt records from individual personnel files in time to come across a 3-twenty-four hour period deadline for official inspection, particularly if a large number of employees are involved. Therefore, systemized storage is critical to complying with retention requirements, monitoring reverification dates, and being prepared for a regime audit.

Electronic storage and retention of I-9 forms tin help yous reduce the fourth dimension allocated to administration and eliminate clerical errors that result in fines during an inspect.

4. Documentation for Proof of Identity or Employment Potency

With the form, prospective employees must provide documents that prove their eligibility to work. A diversity of documents is acceptable in a specified combination with some other. The prospective employee must provide:

One document that establishes both identity and employment eligibility (List A) or

One document that establishes identity (Listing B) together with another document that establishes employment eligibility (List C).

Listing A—DOCUMENTS THAT ESTABLISH BOTH IDENTITY AND EMPLOYMENT ELIGIBILITY

These documents plant identity and eligibility to work in the U.Southward. and are considered adequate proof of both.

1. U.Due south. Passport or U.S. passport carte,
2. Course I-551, Permanent Resident Card or Conflicting Registration Receipt Card,
3. Foreign passport that contains a temporary I-551 postage stamp or temporary I-551 printed notation on a machine-readable immigrant visa (MRIV),
4. Form I-766, Employment Authorisation Document (EAD) that contains a photograph,
5. For nonimmigrant aliens authorized to be employed based on their nonimmigrant status, a foreign passport with Form I-94 bearing the same proper name as the passport and an endorsement of their nonimmigrant condition,
6. Passport from the Federated States of Federated states of micronesia (FSM) or the Republic of the Republic of the marshall islands (RMI) with Form I-94 indicating nonimmigrant admission under the Compact of Free Association Betwixt the U.s.a. and the FSM or RMI.

LIST B—DOCUMENTS THAT ESTABLISH IDENTITY

In the absence of any of the in a higher place documents, an employee would accept to present two others, 1 for proof of identity and the other for proof of employment eligibility. The following documents can establish an employee's identity:

1. Commuter's license or ID carte issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, middle colour, and address,
2. ID card issued by federal, state, or local authorities agencies or entities, provided it contains a photograph or information such as name, date of nativity, gender, acme, center colour, and address,
3. School ID carte du jour with a photo,
4. Voter'southward registration menu,
5. U.S. Military card or typhoon tape,
6. Military dependent's ID card,
7. U.Due south. Coast Guard Merchant Mariner Card,
8. Native American tribal document,
9. Commuter's license issued by a Canadian government authority.

SPECIAL LIST FOR PERSONS WHO ARE MINORS

Employees who are younger than age xviii and who are therefore unable to present whatsoever of the higher up documents tin can provide historic period-appropriate documents instead, including:

1. Schoolhouse record or report bill of fare,
2. Dispensary, doctor, or hospital record,
3. Day care or nursery school tape.

Listing C—DOCUMENTS THAT ESTABLISH EMPLOYMENT ELIGIBILITY

I of these documents must exist presented in addition to a document from List B.

1. U.S. Social Security Card issued by the Social Security Assistants, other than a carte stating that it is not valid for employment,
2. Certification of a report of nascence issued by the U.Due south. Section of State (Forms DS-1350, FS-545, FS-240),
3. Original or certified copy of a birth document issued by a country, canton, municipal say-so, or outlying possession of the United States begetting an official seal,
4. Native American tribal certificate,
5. U.S. Citizen ID Card (Form I-197),
6. ID Card for use of a Resident Citizen in the United States (Form I-179),
7. Unexpired employment authorization document issued past the Department of Homeland Security.  This does not include Form I-766, Employment Authorization Document, from List A.

5. Form I-9 for Rehires

Rehiring workers depends on the company policy and the completion engagement of the previous I-ix.

Employers demand to make a policy conclusion: to use Department 3 of the existing I-9 when possible or to skip the analysis and simply do new Form I-9 for all rehires.

Employers may utilize Section 3 of the Course I-9 instead of doing a new one if they are rehiring the employee within three years of the date that the previous Form I-9 was completed.

If employees previously indicated that they were aliens authorized to work for a express period, and that catamenia has expired, employers also need to see a List A or C certificate and must tape the document information in Section 3 – this is known equally reverification. If employers are using Section three to reverify, they need to ensure that they are using the near recent version of the Form I-9.

If information technology has been more than 3 years since the original I-9 was completed, employers must complete a new Course I-ix, treating the employee equally a new rent for I-9 purposes.

Electronic I-9 verification helps you maintain E-Verify and I-9 compliance and become efficient and accurate employment verification of new hires.

six. I-9 for Remote Hires

When employers rent remote employees, they need to ensure connected I-9 compliance and follow the necessary I-ix verification requirements.

When employers are unable to be physically nowadays with employees for I-ix verification, such as situations where employers are onboarding remote employees, they accept to designate authorized representatives to complete Form I-9.

When employers designate authorized representatives, those representatives, including personnel officers, foremen, agents, or notaries, need to comport out all Course I-ix compliance responsibilities. This ways that they have to physically examine the documents to make up one's mind if the documents are from the List of Adequate Documents attached to Form I-nine and whether the documents appear to be genuine and relate to the employee that presented them.

If employers designate authorized representatives for Form I-ix verification, it is of import to have standard procedures and instructions in place. The instructions should include steps for the representative to follow, include guidance for the employee on what to do after the representative has completed his or her role, and instruct the representative to sign any additional business concern documentation when necessary.

If employers designate authorized representatives for Course I-9 purposes, information technology is important to take standard procedures and instructions in place. The instructions should include steps for the representative to follow, include guidance for the employee on what to do after the representative has completed his or her role and instruct the representative to sign whatsoever additional business documentation when necessary.

When employers designate notaries to act as authorized representatives for I-nine completion, the notaries are not acting in their notary public role for this process. Instead, the notaries are acting equally authorized representatives of employers and therefore should not provide notary seals on Form I-9.

Remote I-9 Verification during the COVID-19 Pandemic

Reviewing documents via webcam was not acceptable until March 20, 2020, when DHS announced that it is temporarily amending the Form I-9 verification and reverification procedures. Due to the coronavirus outbreak, DHS allowed remote I-9 verification of the original documents through an electronic medium, such as an online meeting, email, or fax, provided employers retain copies of the documents, and complete the Form I-nine within three concern days of an employee starting work. DHS extended this policy on May 19, June 19, and July 18, so the latest extension is set to expire on August nineteen.

According to USCIS, employers remain liable for any violations in connectedness with Forms I-ix where authorized representatives consummate the forms. To that end, it is disquisitional that employers understand proper Form I-9 procedures and ensure whatsoever authorized representatives are post-obit the necessary protocol and meet I-nine compliance requirements.

One of the changes introduced with the newest version of Course I-ix is that an authorized representative tin can be any person the employer authorizes to complete and sign the course on their behalf. This proved to be particularly useful during the COVID-nineteen pandemic when many employers opted for the authorized representative model instead of the traditional I-9 procedure.

Employers tin can remain compliant with Form I-9 requirements even when they are unable to be physically present for the I-9 procedure. All the same, it is critical for both employers and their designated representatives to follow right procedures and prevent potential penalties in the event of an I-9 inspection by the authorities. With proper planning and safeguards, employers should be able to ensure I-9 compliance and minimize liability for violations in connection with the Grade I-9 itself or the verification process.

To that cease, electronic I-9 verification enables remote completion of Form I-9, ensuring remote workers' I-nine forms are submitted timely. Transitioning to electronic I-ix verification provides a comprehensive technology platform to streamline this unabridged procedure, resulting in a proactive and compliant approach to onboarding remote employees.

7. East-Verify: The Web-Based I-9 Verification System

What is E-Verify

E-Verify is an Internet-based organization that compares information entered by an employer from an employee's Form I-9, Employment Eligibility Verification, to records available to the U.Southward. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.

Eastward-Verify is the only free, fast, online service of its kind that electronically confirms an employee'due south data against millions of regime records and provides results in a few seconds.

Is E-Verify Mandatory

East-Verify is voluntary except for employers with federal contracts or subcontracts containing the Federal Acquisition Regulation (FAR) Eastward-Verify clause requiring the use of E-Verify for a legal workforce. States that already have laws regarding E-Verify use include Alabama, Arizona, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, Rhode Isle, South Carolina, Tennessee, Texas, Utah, Florida, and Virginia.

Withal, legislation introduced in Congress in 2017 – Legal Workforce Act (H.R. 3711) – hopes to brand the E-Verify electronic employment eligibility verification system a mandatory and permanent requirement for U.Due south. employers to ensure the workers they hire are legally eligible to work in the United States.

Mandatory nationwide utilize of E-Verify was included in the White House Fiscal Year 2018 Budget in order to expand worksite enforcement strategies by mandating nationwide employ of the E-Verify system to reduce illegal employment.

How Does E-Verify Piece of work

1. The E-Verify process can be started any fourth dimension after the Course I-9 is completed but in no case subsequently than three business organisation days later on the new hire'southward bodily showtime date.
2. An employer inputs information from the I-9 course into E-Verify. Once all of the appropriate information has been put into the system, E-Verify compares the data to the records in the Social Security Assistants and Department of Homeland Security's databases.
3. If the information matches, E-Verify will render an Employment Authorized result if the information matches. If a mismatch appears, E-Verify will return a Tentative Nonconfirmation (TNC) event. The vast majority of cases are resolved within three days.

If the employee decides to contest the mismatch, they must contact the appropriate agency to resolve the mismatch within eight federal regime work days from the referral date. If the mismatch is resolved, an Employment Authorized issue will exist returned. Otherwise, a final non-confirmation volition exist sent and the employee tin be terminated based on Due east-Verify.

In response to the chop-chop spreading coronavirus, DHS introduced changes to E-Verify resolution deadlines. Given the numerous COVID-xix related closures and social distancing directives, the menstruation given to employees to make initial contact with SSA or DHS was temporarily suspended.

Advantages of Using Due east-Verify for I-9 Verification

1. E-Verify is available at any time and anywhere with a estimator and internet access. Also, the employer can outsource Due east-Verify to a designated third-party agency.
2. The results of the I-nine verification check are quickly produced.
3. Possible errors and mismatches with authorities records can be accurately spotted.
4. The E-Verify photo tool prevents document fraud and ensures the documents' genuineness.
5. It is a rebuttable presumption that companies that properly apply Due east-Verify maintain I-nine compliance and attach to employment eligibility laws.

Electronic I-9 solution fully integrated with E-Verify volition help you save time, eliminate potential errors, and remain Eastward-Verify compliant.

8. Different Types of I-9 Penalties

Upon inspecting forms for I-nine compliance, Immigration and Customs Enforcement (Water ice) agents or auditors may find technical or procedural violations. In this case, an employer is given ten business days to make corrections.

An employer may receive a budgetary fine for all substantive and uncorrected technical violations. Employers determined to have knowingly hired or connected to employ unauthorized workers will be required to cease the unlawful activity, may be fined, and in sure situations may be criminally prosecuted. Additionally, an employer constitute to accept knowingly hired or continued to employ unauthorized workers may be subject to debarment by Water ice, significant that the employer volition be prevented from participating in future federal contracts and from receiving other regime benefits.

Monetary penalties for knowingly hiring and continuing to employ violations range from $375 to $sixteen,000 per violation, with repeat offenders receiving penalties, at the higher end. Penalties for substantive violations, which include failing to produce a Course I-9, range from $110 to $1,100 per violation. In determining penalty amounts, ICE considers five factors: the size of the business, expert-religion effort to comply, the seriousness of violation, whether the violation involved unauthorized workers, and the history of previous violations of I-9 compliance.

9. Form I-ix Compliance Guidance

While the I-9 process may appear simple, it is important to ensure all the information employees provide is genuine in gild to avoid potential audits and not-compliance fees. As well, there are many common mistakes and man errors that can be fabricated while completing and maintaining I-ix records. If employers neglect to maintain I-nine compliance or to complete I-9 documentation correctly, this may lead to non-compliance with Clearing and Community Enforcement (ICE) rules, resulting in harsh financial penalties.

Tentative Nonconfirmation (TNC)

Employers may receive a Tentative Nonconfirmation (TNC) when either the Section of Homeland Security (DHS) or Social Security Administration (SSA) identifies something entered on the I-ix as not matching their records.

An SSA TNC may be issued because the employee'southward:

• Citizenship or immigration status was not updated with SSA,
• The name change was not reported to SSA,
• Proper noun, Social Security number or appointment of birth is incorrect in SSA records,
• SSA tape contains another blazon of mismatch,
• Data was not entered correctly by the employer.

A DHS TNC may be issued because the employee'due south:

• Name, A-number, I-94 number and/or foreign passport number were recorded incorrectly in DHS records,
• U.South. Passport, Passport Carte, driver'south license or state ID menu data could not be verified,
• Information was not updated in the employee'southward DHS records,
• Citizenship or immigration status inverse,
• The record contains some other type of error,
• Information was not entered correctly by the employer.

What Happens when E-Verify Returns A TNC Outcome

1. The employer notifies the employee of the TNC.

When Eastward-Verify displays a TNC case result, the employer must get-go notify the employee of the TNC. To notify the employee, the employer must impress the Farther Activeness Find (FAN) and provide it to the employee. The Further Action Notice is a critical certificate that lets the employee know:

• Whether the TNC is an SSA or DHS TNC. This is of import because the employee must know which one of these agencies to visit or contact to take action.
• Why the employee received a TNC.
• What the employee's options after having received a TNC.
• What the employee must do to take action to resolve the TNC.

The Further Action Detect also provides instructions to the employer for notifying an employee of a TNC. Specifically, the employer must:

• Print the Further Action Discover and review it privately with the employee.
• Read the Farther Action Discover to the employee if the employee cannot read.
• Provide the employee with the English version and a strange language version of the Further Action Find if the employee does not fully understand English language.
• Sign the employer department on the commencement folio of the Further Action Observe.
• Instruct the employee to consummate and sign the employee section on page two of the Further Action Notice.
• Provide the employee a re-create of the signed Further Action Notice and keep the original with the employer's records.

2. The employee decides whether to contest the TNC.

Employees also have certain rights and responsibilities later having received a TNC. After receiving a TNC, the employee must decide whether to contest it and indicate so on the Further Action Detect.

An employee who chooses to competition an SSA TNC must visit an SSA field role within 8 federal government working days to begin resolving the TNC. An employee who chooses to contest a DHS TNC must call DHS within viii federal government working days to begin resolving the TNC.

If the employee chooses not to competition a TNC, the example so results in Final Nonconfirmation, and the employer may terminate the employee based on E-Verify. At this point, the employer must close the case in Due east-Verify and indicate whether the employee was terminated.

3. Employer refers the employee's example to SSA or DHS.

An employee who chooses to contest a TNC must visit an SSA field part in person if an SSA TNC is received or call DHS inside eight federal government working days for a DHS TNC. When the employer refers the case, E-Verify will generate a Referral Date Confirmation which the employer must print and requite to the employee. The Referral Date Confirmation provides the employee the date by which he or she must visit an SSA field function or call DHS to resolve the TNC.

It is also of import for the employer to provide a copy of the Further Activeness Find to the employee so they can refer to it for instructions to resolve the mismatch and prove a re-create of it to the representative if they visit an SSA field function.

If the employee contests a DHS TNC issued considering of a photo mismatch, meaning the employer indicated that the photo displayed by E-Verify did not lucifer the photo on the employee'due south document, the employer must besides brand a re-create of the document the employee provided and submit it to DHS for review. The employer may either scan and upload an image of the document or send a re-create of the certificate via limited postal service at the employer's expense.

The employee must be immune to continue working while he or she resolves the mismatch. In improver, an employer may not take any adverse actions, such every bit delaying preparation or reducing work hours, confronting an employee because of a TNC while the instance condition is an Employee referred to SSA or DHS.

four. Employee takes action to resolve the mismatch.

Once the employer refers the case in E-Verify, the employee has eight Federal Government working days to visit an SSA field office or call DHS. When visiting SSA or contacting DHS, the employee should have the Further Action Discover forth with any required documents. The Further Activeness Notice explains what documents are required to resolve the different types of possible mismatches.

If the employee does non have the required activity to resolve the TNC within 10 Federal Government working days after the case is referred, E-Verify volition automatically change the employee'due south case status to SSA or DHS Final Nonconfirmation. Just after an employee receives an SSA or DHS Final Nonconfirmation may the employer terminate the employee based on Eastward-Verify.

5. Example updates in E-Verify.

If the employee is successful in resolving the mismatch, SSA or DHS will update its records and the example in E-Verify. It may take upward to two Federal Government working days after a mismatch is resolved for the employer to see the updated case status in Due east-Verify.

E-Verify features a case status alert that will notify the employer of an update in a example when the employer logs in to E-Verify.

In most SSA TNC cases, SSA will update the case with a final case result, which tin be either Employment Authorized or SSA Final Nonconfirmation. Occasionally, SSA may require the employer, employee, or DHS to accept additional activity earlier a final instance consequence tin be issued. In these cases, SSA will update the case to reverberate 1 of the following results:

• Case in Constancy: In rare cases, SSA may need more than 10 Federal Government working days to ostend an employee's employment eligibility. This can happen when an employee has lost and has applied for a replacement document, such as a birth certificate. The employee must first visit SSA and attempt to resolve the TNC before SSA volition put a case in constancy. Employers should check Eastward-Verify regularly for status updates.
• DHS Verification in Process: The employee may accept resolved the discrepancy with SSA, but Eastward-Verify cannot instantly confirm employment authorization because it needs to manually review the records in government databases. For cases requiring manual review, Due east-Verify will return a DHS Verification in Procedure response and in virtually cases provide I-9 verification results inside 24 to 48 hours. No action is required by the employer or employee during this time. Employers should check Due east-Verify regularly for status updates.
• Review and Update Employee Data: In some cases, SSA will prompt an employer to review and correct the information that was entered into E-Verify and update the instance. This occurs when an employee who has received an SSA TNC visits SSA and SSA determines there are no errors in the employee's record. This discrepancy may result from either of the following situations:

• An employer typing error in E-Verify.
• The employee provided incorrect information on the Grade I-ix, Employment Eligibility Verification grade.

The above three instance statuses are considered temporary. While a example is in continuance, the employer cannot stop, suspend, delay preparation, withhold or lower pay, or take any other adverse activeness confronting the employee because the employee received a TNC.

In most DHS TNC cases, DHS will update the employee's case with a final case result, which can be Employment Authorized, DHS No Show, or DHS Concluding Nonconfirmation. Occasionally, DHS may require the employee to take additional action before issuing a final case result. In these situations, DHS will update the employee'south example to Case in Continuance.

In rare cases, DHS may demand more than x Federal Government working days to confirm employment eligibility. This can happen for a number of reasons, including if an employee has lost the document that was presented for I-nine verification and has applied for a replacement document. The employee must contact DHS and effort to resolve the TNC earlier DHS can put a case in constancy.

Example in Continuance is considered a temporary case condition. While a case is in continuance, the employer cannot terminate, append, delay training, withhold or lower pay, or take any other adverse action confronting the employee considering the employee received a TNC.

half dozen. Employer closes the employee's case in East-Verify.

One time the employee has received a final case status, such as Employment Authorized or SSA or DHS Final Nonconfirmation, the employer must close the example in East-Verify. If the employee received an SSA or DHS Terminal Nonconfirmation, the employer must likewise signal whether the employee was terminated.

Using an electronic I-9 solution integrated with East-Verify volition enable automated bulk closing of resolved cases and salvage you hours of in-house work dedicated to maintaining compliance.

Maintaining I-9 Compliance

Even though Eastward-Verify is a voluntary programme, it could soon become mandatory nationwide nether comprehensive clearing reform. Statistics show that 98.93% of E-Verify cases are automatically confirmed as work authorized, and for the ones that aren't, merely 0.27% remain unresolved. This proves that Eastward-Verify is an accurate, comprehensive, and verifiable way for employers to ensure a legal workplace for both employees who are verified as eligible to work in the U.S., and for potential employees considering it speeds the hiring process. Withal, mistakes happen and can lead to TNCs, which is why employers need to undertake the recommended steps leading to I-9 compliance and free themselves from civil and criminal liabilities.

x. I-9 Verification Best Practices: Avoid I-9 Violations and Fines

1. Using E-Verify to verify the employment eligibility of all new hires. By participating in E-verify, employers show they are being proactive every bit a company to keep the workforce legal. E-verify statistics show that 98.6% of submissions are employment authorized.
2. Ensuring that the I-9 and E-Verify process is conducted only by individuals who have received appropriate training and include a secondary review as role of each employee'south verification. With fines existence applied for clerical errors, the secondary review of the Grade I-9 is a critical pace as it is extremely valuable in correcting a human fault.
3. Avoiding improper storage of documents to make sure they are hands accessible in case of Water ice audits. Though at that place is no legal requirement that Forms I-nine need to be stored separately from the employment file, employers have only 3 business concern days after receipt of a Observe of Inspection from the Ice to assemble necessary documentation.
4. Performing regular self-audits and correcting whatever problems earlier the regime gets involved. While performing a Form I-9 self-audit may seem tedious and fourth dimension-consuming, it can help companies avoid possible penalties. Plus, this is a good step in creating policy inside the Hr department to reach and maintain I-9 compliance.
5. Using electronic I-9 verification software for creating, managing, and storing Form I-nine that provide the all-time way to handle I-ix compliance. Employers can relieve time and reduce the potential for errors past relying on an electronic I-9 verification solution, fully integrated with East-Verify, that completes an electronic Course I-ix, and simultaneously begins the E-Verify procedure. Furthermore, such solutions ensure electronic I-9 verification that meets the necessary guidelines, followed by the management, grooming, certificate storage, and auditing of the Class I-9.

Use this step-by-step guide to ensure a thorough I-ix cocky-audit and exit no space for omissions, non-compliance, and fines.

eleven. Anti-Discriminatory Provisions

The Immigration Reform and Control Act which introduced the requirement leading to the promulgation of the Form I-nine as well included anti-discrimination provisions. Under the Human activity, virtually U.S. citizens, permanent residents, temporary residents, asylees or refugees who are legally immune to work in the United States cannot be discriminated against on the basis of national origin or citizenship status. This provision applies to employers of three or more workers and covers both hiring and termination decisions.

An employer cannot reject to rent a candidate because his I-9 revealed that he was a non-citizen rather than a U.S. citizen. For this reason some immigration lawyers suggest companies to avoid requiring an I-nine until a candidate is hired rather than gamble a lawsuit.

A company cannot ask an employee to provide a passport rather than another document considering anti-discrimination provisions require that employers enforce I-9 compliance in a uniform manner. Too, employers cannot assume that the employee is unauthorized to piece of work just because the individual either could not bring proof of employment authorization or has brought unacceptable documents until the start engagement of the employment.

The Office of Special Counsel for Clearing-Related Unfair Employment Practices ("OSC") is a section within the Section of Justice's Ceremonious Rights Division that enforces the anti-bigotry provision of the Clearing and Nationality Act ("INA"). The OSC can assistance workers by calling employers and explaining proper I-ix verification practices and, when necessary, by providing victims of bigotry with accuse forms. Upon receipt of a charge of discrimination, OSC investigations typically have no longer than 7 months. Victims may obtain diverse types of relief including job relief and back pay.

Types of Discrimination

The OSC investigates the following types of discriminatory carry under the anti-bigotry provision of the Immigration and Nationality Deed (INA), 8 U.South.C. § 1324b.

CITIZENSHIP OR Immigration STATUS DISCRIMINATION

With respect to hiring, firing, recruitment, or referral for a fee past employers with iv or more employees, employers may not treat individuals differently because they are or are not U.S. citizens or piece of work-authorized individuals. U.Southward. citizens, recent permanent residents, temporary residents, asylees, and refugees are protected from citizenship status discrimination. However, permanent residents who do non employ for naturalization inside six months of eligibility are not protected from citizenship condition discrimination. Citizenship status discrimination which is otherwise required to comply with the law, regulation, executive order, or government contract is permissible by law.

NATIONAL ORIGIN DISCRIMINATION

With respect to hiring, firing, recruitment or referral for a fee by employers with more than than three and fewer than fifteen employees, employers may not treat individuals differently because of their place of birth, land of origin, ancestry, native language, accent or because they are perceived as looking or sounding strange. All U.S. citizens, lawful permanent residents, and work-authorized individuals are protected from national origin bigotry. The Equal Employment Opportunity Committee has jurisdiction over employers with fifteen or more employees.

UNFAIR DOCUMENTARY PRACTICES

Relating to verifying the employment eligibility of employees, employers may not request more or different documents than are required for I-9 verification, pass up reasonably genuine-looking documents, or specify sure documents over others with the purpose or intent of discriminating based on citizenship status or national origin. U.S. citizens and all piece of work-authorized individuals are protected from document abuse.

RETALIATION

Individuals who file charges with OSC, who cooperate with an OSC investigation, who contest action that may found unfair documentary practices or discrimination based upon citizenship, immigration condition, or national origin, or who assert their rights under the INA'southward anti-discrimination provision are protected from retaliation.

Utilize this updated, detailed checklist to prepare for I-9 audits, identify and forestall mistakes, and maintain I-ix compliance with current I-9 regulations.

12. Groundwork of the Form I-ix

In 1986, President Reagan enacted the Immigration Reform and Control Act (IRCA) to curtail illegal immigration. IRCA mandates that U.S. employers must verify the employment eligibility status of newly hired employees, and makes it illegal for employers to knowingly recruit, hire, or employ unauthorized workers.

In response to the law, the Immigration and Naturalization Service (INS), now an integrated component of the DHS, created Form I-9 and mandated its accurate and timely completion by all U.S. employers and their employees.

The constabulary changed the hiring mural for employers in ii major ways – IRCA imposed significant legal, financial, and public relations risks for noncompliance and information technology forced employers to enforce the immigration laws.

Form I-9 Updates

While some federal documents remain unchanged for years, Form I-9 updates are more common. In recent years, enforcement efforts take increased, making it more important now than e'er for employers to continue Grade I-9s updated to avoid civil fines and criminal penalties.

USCIS released a new version of Form I-9 on January 31, 2020, but employers were immune to employ the prior version until April 30, 2020. The new version of the I-nine is very similar to the previous version of the form with some small changes.

The new Form I-ix includes the revised "Country of Issuance" field in Section 1 and the revised "Issuing Authorization" field in Section 2 to include Eswatini and North Macedonia.

Changes to Form I-9 instructions include:

• Clarification of who tin human activity every bit an employer'southward authorized representative,
• Updated USCIS web addresses,
• Clarification on acceptable documents,
• Updated process for requesting paper Forms I-9,
• Updated DHS Privacy Notice.

Although changes in the new Form I-9 appear pocket-sized, they nowadays a skillful opportunity for reviewing hiring policies and ensure employers are properly completing and retaining the form. It is a must for everyone involved in I-9 verification to use the most updated version to ensure I-9 compliance and avert form violations and fines.

With the I-9 verification solution fully customizable to see your needs, you will take control of I-9 compliance, minimize HR assistants, and supercede paperwork, physical filing, and maintenance with compliant, organized, and completely paperless processes.

13. Avoid Costly Mistakes with Successful I-ix Verification

Course I-nine allows employers not only to determine the eligibility of employees to work in the U.s.a. but also to prevent discrimination against people of foreign origin and citizenship. Given the increased intensity and frequency of Form I-nine audits by U.S. Immigration and Community Enforcement, employers need to be certain they are compliant with regulations for Form I-nine. Otherwise, they tin face penalties or even lawsuits from the government.

The guidelines for Course I-9 verification are very specific. If all sections of the Course I-nine are not filled out completely and correctly, dated accurately, updated with changes and corrections, reverified when necessary, and retained according to federal guidelines, businesses are at high chance of fines and criminal penalties.

To ensure that businesses maximize E-Verify and I-9 compliance and to forestall potential fines, i of the all-time practices for employers is to rely on an electronic I-9 verification software as an invaluable tool for tracking and storing documentation. Automated I-9 verification software helps minimize gamble with its built-in quality command mechanisms, easy admission to stored I-9s, immediate notification of employment authorization expiration dates, integration with Eastward-Verify, and information security measures. Therefore, the I-9 verification process, which is unremarkably perceived as complex and daunting, becomes elementary, secure, and efficient.

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