An updated version of the Form I-9, Employment Eligibility Verification form, has been released by the USCIS (the United Stated Citizenship & Immigration Services) and must be the only form in use by employers effective January 22, 2017.
The Form I-9 is an important and required hiring document that all employers must use. Staff involved in management and human resources matters within your firm should be familiar with the rules governing both the form and the process. Employers are required to use the Form I-9 to verify the employment eligibility of their employees upon hire. Employers may not require individuals to complete a Form I-9 until the employee has accepted a job offer. Part A, on the first page of the form, must be completed by the new employee by the end of the first day of employment. Employers must complete Part B of the I-9 within three business days of the employee’s first day of employment.
Employees must provide, and employers examine, eligible forms of identification (listed on page three of the form) proving their identity and their eligibility to be employed in this country. Employees are able to choose what documents they provide, as long as they are unexpired and fit the requirements as listed on Part B of the Form I-9. Employers can accept documents that appear to be genuine, that relate to the employee providing them, and as long as they have no information that would indicate the documents are fraudulent. The I-9’s should be kept separately from employees’ personnel files, and retained as appropriate per the Form-I-9 instructions.
The USCIS has provided a separate document with complete instructions relating to the Form I-9.
Laws pertaining to required documents at time of hire can be complex and confusing. Contact Freeland Law APC for a free 30-minute consultation with Michael Freeland, experienced employment lawyer serving San Diego, California. Michael Freeland has been practicing law for 25 years and specializes in employment law matters.
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