Case in Continuance is considered a temporary case status. Even though E-Verify is a voluntary program, it could soon become mandatory nationwide under comprehensive immigration reform. Statistics show that This proves that E-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.
However, 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. The Immigration Reform and Control Act which introduced the requirement leading to the promulgation of the Form I-9 also included anti-discrimination provisions. Under the Act, most U. This provision applies to employers of three or more workers and covers both hiring and termination decisions.
An employer cannot refuse to hire a candidate because his I-9 revealed that he was a non-citizen rather than a U. For this reason some immigration lawyers advise companies to avoid requiring an I-9 until a candidate is hired rather than risk a lawsuit.
A company cannot ask an employee to provide a passport rather than another document because anti-discrimination provisions require that employers enforce I-9 compliance in a uniform manner. Also, employers cannot assume that the employee is unauthorized to work just because the individual either could not bring proof of employment authorization or has brought unacceptable documents until the start date of the employment. The OSC can help workers by calling employers and explaining proper I-9 verification practices and, when necessary, by providing victims of discrimination with charge forms.
Upon receipt of a charge of discrimination, OSC investigations typically take no longer than seven months. Victims may obtain various types of relief including job relief and back pay. With respect to hiring, firing, recruitment, or referral for a fee by employers with four or more employees, employers may not treat individuals differently because they are or are not U. However, permanent residents who do not apply for naturalization within six months of eligibility are not protected from citizenship status discrimination.
Citizenship status discrimination which is otherwise required to comply with the law, regulation, executive order, or government contract is permissible by law. With respect to hiring, firing, recruitment or referral for a fee by employers with more than three and fewer than fifteen employees, employers may not treat individuals differently because of their place of birth, country of origin, ancestry, native language, accent or because they are perceived as looking or sounding foreign.
The Equal Employment Opportunity Commission has jurisdiction over employers with fifteen or more employees. Relating to verifying the employment eligibility of employees, employers may not request more or different documents than are required for I-9 verification, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating based on citizenship status or national origin.
IRCA mandates that U. The law changed the hiring landscape for employers in two major ways — IRCA imposed significant legal, financial, and public relations risks for noncompliance and it forced employers to enforce the immigration laws.
While some federal documents remain unchanged for years, Form I-9 updates are more common. In recent years, enforcement efforts have increased, making it more important now than ever for employers to keep Form I-9s updated to avoid civil fines and criminal penalties.
The new version of the I-9 is very similar to the previous version of the form with some minor changes. Although changes in the new Form I-9 appear minor , they present a good 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 avoid form violations and fines. Form I-9 allows employers not only to determine the eligibility of employees to work in the United States but also to prevent discrimination against people of foreign origin and citizenship.
Given the increased intensity and frequency of Form I-9 audits by U. Immigration and Customs Enforcement, employers need to be certain they are compliant with regulations for Form I Otherwise, they can face penalties or even lawsuits from the government.
The guidelines for Form I-9 verification are very specific. If all sections of the Form I-9 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 risk of fines and criminal penalties.
To ensure that businesses maximize E-Verify and I-9 compliance and to prevent potential fines, one of the best 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 risk with its built-in quality control mechanisms, easy access to stored I-9s, immediate notification of employment authorization expiration dates, integration with E-Verify, and data security measures.
Therefore, the I-9 verification process, which is usually perceived as complex and daunting, becomes simple, secure, and efficient. Prerequisites for Employees In completing Form I-9, prospective employees attest, under penalty of perjury, that they belong to one of the following categories: a U. Accordingly, readers are encouraged to research the current status of federal, state and local law when attempting to comply with standards for verification of eligibility for employment, and especially when taking actions that may result in denial of employment or termination of employment based on violation of immigration law standards.
What You Need to Know About Form I I I-9 Audit Checklist. I-9 Reverification Memo. I-9 Audit Procedure. Endnote 1 U. Citizenship and Immigration Services. Completing section 3, reverification and rehires. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. July 24, Reuse Permissions. Page Content. IRCA prohibits an employer from: Knowingly hiring an alien who is not authorized to work. Hiring any individual without verifying identity and work authorization.
Continuing the employment of a person if the employer knows or should know that the person is not authorized to work. Knowingly forging, counterfeiting, altering or falsifying any document to satisfy any immigration-related requirement. Knowingly using, accepting or receiving any false document to satisfy any immigration-related requirement. Discriminating in hiring or firing against a citizen or an intending citizen based on national origin or citizenship status. Intentionally requiring an employee to present any specific document or combination of documents for Form I-9 purposes.
Intentionally requiring an employee to present more or different documents than are minimally required for the employment verification process. Intentionally refusing to honor documents that reasonably appear to be genuine.
Instances in which completing Form I-9 varies from the norm In a few situations, the rules stated above may be different: Reverification. If the employee's work authorization document has an expiration date, the employer must reverify the employee's right to work prior to that expiration date. Also, when an employment authorization expiration date is provided in Section 1, employers are required to reverify employment authorization on or before the date shown. For reverification purposes, the earlier date should be used to determine when reverification is necessary.
A new Form I-9 does not need to be completed for people rehired within three years of completing a prior Form I The employer can instead update the prior Form I-9 by confirming that the employment eligibility document originally presented remains valid. If it does, the employer may merely record the rehire date in Section 3 of the form. However, if a new version of Form I-9 has been issued, the employee must provide documents from the current list of acceptable documents and the employer must complete the current version of Form I-9 and retain it with the previously completed I Some employers find it easier to complete a new Form I-9 for all rehires.
Use of agents. An employer can rely on a referral from a state employment service agency if the employer properly retains appropriate documentation of the referral certifying the employee's employment eligibility.
The employer may also delegate verification obligations to a third party or agent, but the employer is ultimately liable for compliance with verification requirements and hiring prohibitions.
See As an employer, do I have to complete all the Forms I-9 myself? Retention of Form I-9 and Documents Employers must retain an employee's completed Form I-9 for as long as the individual works for the employer.
Remedies and Penalties Employers must be careful not to go overboard in their employment verification practices. Neither members nor non-members may reproduce such samples in any other way e. You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States regardless of citizenship or nationality. The exceptions to this requirement are as follows:.
In addition, a self-employed person does not need to complete an I-9 on his or her own behalf unless the person is an employee of a business entity, such as a corporation or partnership. Interns do not complete an I-9 unless they receive something of value from the employer in exchange for their labor and services. This is known as remuneration. Job applicants should not complete an I Only individuals who have actually been extended and accepted an offer of employment should complete an I An individual referred to the employer from a state employment agency or state workforce agency may be certified by the referring agency as authorized to work in the U.
When you receive this type of certification for a new hire, you may accept the certification in lieu of completing an I You may be trying to access this site from a secured browser on the server.
Employees rehired more than three years after completing the Form I-9 must complete a new Form I Employees who cannot produce documentation to complete the Form I-9 within three days of hire must not work or be paid. If documentation is not produced by the end of the third day, employees must not be permitted to work. If Form I-9 is not completed within seven 7 business days of hire, employment will be terminated. Employees who are unable to meet federal I-9 requirements cannot lawfully be employed.
Failure to timely complete the Form I-9 can result in serious penalties.
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