Employers must retain the completed forms for a designated period and make them available for inspection when called to do so. 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.S. citizens or work-authorized individuals. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. 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 law, regulation, executive order or government contract is permissible by law. U.S. citizens and all work authorized individuals are protected from document abuse.
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Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form upon commencing employment. The employer must complete Section 2 within three days of the employee’s starting date at work.[2] The employer is responsible for ensuring that the forms are completed properly and in a timely manner. Employers must update or reverify certain ID documents at or prior to their expiration date. This does not apply to already presented and accepted non-expired U.S. Passports or Permanent Resident Cards when they reach their expiration date, nor to any List B documents (e.g., state driver’s licenses and state IDs).
Prerequisites for employees
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- To reduce the risk of fraud and counterfeiting, USCIS redesigns the Employment Authorization Document (EAD) card every three to five years.
- The Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”) is a section within the Department of Justice’s Civil Rights Division that enforces the anti-discrimination provision of the Immigration and Nationality Act (“INA”).
- Some EADs issued after that date may still display the previous design format because USCIS uses existing card stock until supplies are depleted.
- Citizenship and Immigration Services, will help you verify your employee’s identity and employment authorization.
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- 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.S. citizens or work-authorized individuals.
- Receipt for a replacement of a lost, stolen, or damaged List B document may be presented in lieu of a document listed above for a temporary period.
- ID card issued to active-duty U.S. military personnel, selected reserve, Department of Defense civilian employees and eligible contractor personnel.
- You are responsible for reading, understanding and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website.
- Employees must complete Section 1 of the form upon commencing employment.
- Employees who supply an item from List B (to establish identity) must also supply an item from List C (to establish employment eligibility).
Instead, employers should encourage that employee to bring the acceptable documents which are under the List A, B and C. Employers may terminate the employment only if the employee cannot attest the person’s work authorization by bringing the proof after the start date. To reduce the risk of fraud and counterfeiting, USCIS redesigns the Employment Authorization Document (EAD) card every three to five years. Introduction of new EAD designs does not mean that previous designs are invalid. Both current and previous cards remain valid until the expiration date shown on the card (unless otherwise noted such as through an automatic extension of the validity period of the EAD indicated on a Form I-797, Notice of Action, or in a Federal Register notice).
Receipt for a replacement of a lost, stolen, or damaged List B document may be presented in lieu of a document listed above for a temporary period. ID card issued to active-duty U.S. military personnel, selected reserve, Department of Defense civilian employees and eligible contractor personnel. A driver’s license can be issued by any state or territory of the United States (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) or by a Canadian government authority. You may accept a driver’s license if it contains a photograph or, if it does not contain a photograph, it includes identifying information such as name, date of birth, gender, height, eye color, and address. In April 2013, Form I-94 was automated at airports and seaports. Customs and Border Protection no longer automatically provides travelers with a paper copy of Form I-94.
Citizenship
If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. All U.S. citizens, lawful permanent residents and work authorized individuals are protected from national origin discrimination. The Equal Employment Opportunity Commission https://www.bookstime.com/ has jurisdiction over employers with fifteen or more employees. Failure to use the current version of the form may subject the employer to fines and/or penalties in the event of an audit. Questions regarding these options should be directed to one of our immigration attorneys.
Humanitarian Based Forms
The documents on List A show both identity and employment authorization. Employees presenting an acceptable List A document should not be asked to present any other i-9 form 2017 printable version document. Some List A documents are in fact a combination of 2 or more documents. In these cases, the documents presented together count as one List A document.
- Employers can complete Form I-9 electronically on a fillable PDF or by hand by downloading the PDF using the latest version of the free Adobe Reader.
- Passports or Permanent Resident Cards when they reach their expiration date, nor to any List B documents (e.g., state driver’s licenses and state IDs).
- This does not apply to already presented and accepted non-expired U.S.
- The documents on List A show both identity and employment authorization.
The OSC can help workers by calling employers and explaining proper 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. For U.S. citizens, I-9s are valid continuously unless a break of more than a year of employment occurs. INS issued Forms I-179 to U.S. citizens who are residents of the United States.
Documents that Establish Both Identity and Employment Authorization
The USCIS website, in the Employer section, Employer Bulletins, lists the limited requirements and allowed instances for reverification. Renew now to continue enjoying unlimited articles and exclusive resources. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”) is a section within the Department of Justice’s Civil Rights Division that enforces the anti-discrimination provision of the Immigration and Nationality Act (“INA”).
Customs and Border Protection website or may request a paper Form I-94 during the inspection process. If you are human user receiving this message, we can add your IP address to a set of IPs that can access FederalRegister.gov & eCFR.gov; complete the CAPTCHA (bot test) below and click “Request Access”. This process will be necessary for each IP address you wish to access the site from, requests are valid for approximately one quarter (three months) after which the process may need to be repeated. All forms are fillable and printable unless a separate printable version is included. Citizenship and Immigration Services (USCIS) released a new version of its Form I-9, the Employment Eligibility Verification form. All U.S. employers must begin using the new Form I-9 after January 22, 2017.