When hiring an employee there are quite a few forms you’ll need to have filled out and returned to you including an application, a W4 form (Employee’s Withholding Allowance Certificate) and potentially an employment contract. One of the forms many employers don’t realize they need to have completed is the I-9 form which is used to verify the employment eligibility of the worker. The employee must fill out their section and certify they are authorized to work in the United States. Documentation proving this status must be presented as well.
The employer must review the documents and determine if they are acceptable as proof of identity and employment authorization. The documents are listed on the form I-9 with identification numbers and expiration dates. Form I-9 must be retained and stored by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. Forms must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.
Most employers are not required to use e-verify, an Internet-based system that compares information from Form I-9 to Department of Homeland Security (DHS), Social Security Administration (SSA), and Department of State (DOS) records to confirm the worker is authorized to work in the United States. Although most employers are not mandated to use this service, you may choose to do so. If you use this system, you must post the “Notice of E-Verify Participation” and “Right to Work” posters at the hiring location.
When the documents provided as identification approach the expiration date, you’ll need to be aware of the fact that you’ll be required to review the new documentation and fill out section 3 on the form. The employee must be able to prove they are able to continue working in the U.S. or their employment will have to be terminated.
For more information on Form I-9 and the requirements for properly completing it, see http://www.uscis.gov/.
