do i have to upload copies of my identification for I9 verification?

one. I-9 Verification Requirements

Form I-nine

Course I-9, the Employment Eligibility Verification, is a U.S. Citizenship and Immigration Services (USCIS) form used for verifying the identity and employment say-so of individuals hired for employment in the United States. All U.Southward. employers must ensure proper completion of Class I-9 for each individual they rent for employment.

Both employees and employers, or authorized representatives of the employer, are obliged to complete the form. Employees have to attest their employment authorization and also present their employer with acceptable documents proving identity and employment authorization. Within the I-nine verification procedure, the employer has to examine the employment eligibility and identity documents an employee presents in lodge to determine whether they announced to be genuine and record the document information on the Grade I-9.

Employers demand to retain original I-nine forms for three years after the date of hire, or i year after the date employment ends, whichever is later. The forms should be stored separately from other personnel files, and made bachelor for inspection past authorized government officers.

USCIS Handbook for Employers K-274 is designed to supplement employers' understanding and noesis regarding various I-9 verification obligations. Therefore, it can be used equally the main source of I-9 compliance information and instruction. A new version of the Handbook was issued in conjunction with the new Class I-9, which became mandatory on May 1, 2020. It offers clarification on several I-9 verification procedures, such as revised guidance for completing Course I-nine 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 Authorization Document (EAD). Furthermore, the new Handbook explains how an individual tin can serve every bit an authorized representative to complete Grade I-9 on behalf of an employer.

Prerequisites for Employees

In completing Course I-nine, prospective employees attest, under penalty of perjury, that they belong to one of the following categories:

a non-US citizen national,

a lawful permanent resident, or

an alien authorized to work.

I-nine 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 about Form I-nine, instructions on how to complete and retain Form I-9, lists of adequate employment authorization and identity documents, and gives specific guidance for recruiters.

ii. Instructions for Completing Class I-9

All U.South. employers must ensure proper completion of Course I-9.

Class I-9: Department 1 – Employee Data and Attestation

When an offer of employment is accustomed, the employee must consummate Section 1 of Form I-9 no subsequently than the first day of work for pay, or before the beginning mean solar day of work, if the employer has offered the private a job and if the prospective employee has accepted it.

INSTRUCTIONS FOR EMPLOYEES

Section i is filled past employees who need to list their full legal proper name, middle initial, and maiden name, if applicable. They must provide their existing address and engagement of birth. Employees do non take to give their social security number unless the employer uses E-Verify. The employee must attest under the penalty of perjury his or her citizenship or employment-authorized immigration condition, the Alien or Admission Number, if applicable, and the date employment authorization expires. Employees take to sign and date Department one, certifying the data as true. They have to sign the form even if a translator assists in the training of Section 1. 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 1 and ensure that all required fields are completed. Otherwise, not adhering to I-9 compliance requirements may atomic number 82 to penalties under federal law. If there are any errors in Section 1, employees have to make necessary corrections, initial, and date them.

Form I-nine: Section 2 – The Employer Review and Attestation

PRESENTING ORIGINAL DOCUMENTATION

Section 2 must exist filled by the employer no later than three business organization days of the employee's first day of work for pay. The employee must nowadays the employer with unexpired original documentation that shows identity and employment authorization. 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 so would subject the employer to a claim of unlawful discrimination.

I-9 VERIFICATION REQUIREMENTS FOR EMPLOYERS

Employers physically examine each original document the employee presents to determine if the certificate reasonably appears to exist genuine and relates to the person presenting it. It is of import to brand certain the person who examines the documents is the aforementioned person who attests and signs Section 2.

Employers enter the certificate title, issuing authorisation, number, and expiration appointment in Section 2 from original documents supplied by the employee. If employers choose to make copies of the documents, they need to do so for all employees, regardless of national origin or citizenship status. Otherwise, they may violate anti-discrimination laws. Upon completing the I-9 verification process, employers render the original documents to employees.

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

DESIGNATING AUTHORIZED REPRESENTATIVE

Employers may designate or contract with someone such every bit a personnel officeholder, foreman, agent, or anyone else interim on their behalf, including notary public, to complete Section 2. However, anyone else who completes Form I-9 on their behalf must carry out full I-9 verification responsibilities. It is non acceptable for the designated person to physically examine the employee's employment authorization and identity documents, and get out Department 2 for employers to complete.

According to the latest version of Form I-9, issued on January 31, 2020, employers may designate anyone to be an authorized representative to complete Section 2. However, employers are even so liable for any violations in connexion with the form or the I-9 verification process, including whatsoever violations of the employer sanctions laws committed by the person designated to act on their behalf.

Class I-nine: Section 3 – Reverification and Rehires

I-9 REVERIFICATION INSTRUCTIONS

If employees present documents that institute a temporary correct to work, they must exist reverified on or earlier the expiration date of the document that controls work authorisation.

Employers must track the expiration dates of work authorization documents to ensure reverification is completed before their expiration and information technology is recommended that employers notify employees of the upcoming expiration up to half-dozen months in accelerate. Employers may not continue to apply employees across the engagement a temporary work dominance document expires without updating or reverifying their Form I-nine.

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

CONFIRMING Piece of work AUTHORIZATION

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

Section iii FOR REHIRES

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

iii. Course I-9 Retention and Storage

Employers must maintain their I-9 records for possible inspection by the federal government. This means they have to be prepared to produce I-9 records for all current employees also as for terminated employees who fall within the retention period – three years from the date of hire or i year from the date of termination, whichever is later.

I-9 records may be stored at the worksite or other locations, just the storage choice must brand it possible for the documents to be transmitted to a central location speedily. Official notices for the production of documents for inspection are legally required to provide 72 hours' notice.

Employers should avoid storing I-nine records in employees' personnel files because information technology may be hard to excerpt records from private personnel files in time to meet a three-day deadline for official inspection, particularly if a large number of employees are involved. Therefore, systemized storage is critical to complying with retentivity requirements, monitoring reverification dates, and being prepared for a government audit.

Electronic storage and retention of I-9 forms can help you reduce the time allocated to assistants and eliminate clerical errors that effect in fines during an audit.

4. Documentation for Proof of Identity or Employment Authorization

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

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

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

List A—DOCUMENTS THAT Establish BOTH IDENTITY AND EMPLOYMENT ELIGIBILITY

These documents establish identity and eligibility to piece of work in the U.S. and are considered acceptable proof of both.

U.S. Passport or U.South. passport card,
Course I-551, Permanent Resident Carte or Conflicting Registration Receipt Card,
Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa (MRIV),
Grade I-766, Employment Potency Certificate (EAD) that contains a photograph,
For nonimmigrant aliens authorized to be employed based on their nonimmigrant status, a foreign passport with Course I-94 bearing the aforementioned proper name as the passport and an endorsement of their nonimmigrant status,
Passport from the Micronesia (FSM) or the Republic of the Republic of the marshall islands (RMI) with Course I-94 indicating nonimmigrant admission nether the Meaty of Costless Clan Between the United states and the FSM or RMI.

List B—DOCUMENTS THAT ESTABLISH IDENTITY

In the absence of any of the higher up documents, an employee would have to present ii others, one for proof of identity and the other for proof of employment eligibility. The following documents can institute an employee's identity:

Driver's license or ID carte issued by a country or outlying possession of the U.s. provided it contains a photograph or data such equally name, date of birth, gender, pinnacle, eye colour, and accost,
ID card issued by federal, state, or local government agencies or entities, provided it contains a photo or data such equally name, date of birth, gender, height, heart color, and accost,
Schoolhouse ID card with a photograph,
Voter's registration card,
U.Due south. Armed forces card or draft record,
Military dependent's ID card,
U.S. Coast Guard Merchant Mariner Card,
Native American tribal document,
Driver's license issued by a Canadian government authority.

SPECIAL Listing FOR PERSONS WHO ARE MINORS

Employees who are younger than age 18 and who are therefore unable to present any of the above documents tin can provide age-appropriate documents instead, including:

School record or report card,
Dispensary, doc, or hospital record,
Twenty-four hours intendance or plant nursery school record.

LIST C—DOCUMENTS THAT ESTABLISH EMPLOYMENT ELIGIBILITY

Ane of these documents must be presented in addition to a certificate from Listing B.

U.South. Social Security Bill of fare issued past the Social Security Administration, other than a bill of fare stating that it is non valid for employment,
Certification of a written report of nascency issued past the U.S. Department of Land (Forms DS-1350, FS-545, FS-240),
Original or certified re-create of a birth certificate issued by a country, county, municipal authority, or outlying possession of the United States bearing an official seal,
Native American tribal document,
U.Southward. Denizen ID Bill of fare (Form I-197),
ID Card for use of a Resident Citizen in the Us (Form I-179),
Unexpired employment potency document issued by the Section 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 date of the previous I-9.

Employers need to make a policy conclusion: to use Section 3 of the existing I-9 when possible or to skip the assay and simply do new Class I-nine for all rehires.

Employers may use Department three of the Form I-9 instead of doing a new one if they are rehiring the employee inside three years of the appointment that the previous Form I-9 was completed.

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

If it has been more than iii years since the original I-9 was completed, employers must complete a new Grade I-9, treating the employee as a new hire for I-9 purposes.

Electronic I-ix verification helps yous maintain East-Verify and I-9 compliance and become efficient and accurate employment verification of new hires.

6. I-9 for Remote Hires

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

When employers are unable to be physically present with employees for I-9 verification, such as situations where employers are onboarding remote employees, they have 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 bear out all Form I-ix compliance responsibilities. This means that they have to physically examine the documents to decide if the documents are from the List of Acceptable Documents attached to Grade I-nine and whether the documents appear to be 18-carat and chronicle to the employee that presented them.

If employers designate authorized representatives for Form I-9 verification, it is important to accept standard procedures and instructions in place. The instructions should include steps for the representative to follow, include guidance for the employee on what to exercise after the representative has completed his or her role, and instruct the representative to sign any boosted business concern documentation when necessary.

If employers designate authorized representatives for Form I-9 purposes, it is important 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 whatsoever additional business documentation when necessary.

When employers designate notaries to act as authorized representatives for I-ix completion, the notaries are non acting in their notary public part for this process. Instead, the notaries are acting equally authorized representatives of employers and therefore should non provide notary seals on Form I-9.

Remote I-nine Verification during the COVID-19 Pandemic

Reviewing documents via webcam was non acceptable until March 20, 2020, when DHS announced that information technology is temporarily amending the Class I-9 verification and reverification procedures. Due to the coronavirus outbreak, DHS allowed remote I-ix verification of the original documents through an electronic medium, such as an online meeting, electronic mail, or fax, provided employers retain copies of the documents, and complete the Form I-ix within 3 business organization days of an employee starting piece of work. DHS extended this policy on May xix, June 19, and July 18, so the latest extension is gear up to elapse on August nineteen.

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

Ane of the changes introduced with the newest version of Form I-ix is that an authorized representative tin can be any person the employer authorizes to consummate and sign the form on their behalf. This proved to be especially useful during the COVID-19 pandemic when many employers opted for the authorized representative model instead of the traditional I-9 process.

Employers can remain compliant with Form I-nine requirements fifty-fifty when they are unable to be physically nowadays for the I-9 process. However, information technology is critical for both employers and their designated representatives to follow correct procedures and prevent potential penalties in the outcome of an I-9 inspection past the government. With proper planning and safeguards, employers should exist able to ensure I-9 compliance and minimize liability for violations in connection with the Class I-9 itself or the verification process.

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

vii. E-Verify: The Web-Based I-9 Verification System

What is East-Verify

E-Verify is an Internet-based system that compares information entered past an employer from an employee'southward Form I-nine, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.

E-Verify is the just free, fast, online service of its kind that electronically confirms an employee's information against millions of government records and provides results in a few seconds.

Is E-Verify Mandatory

E-Verify is voluntary except for employers with federal contracts or subcontracts containing the Federal Acquisition Regulation (FAR) Due east-Verify clause requiring the use of Eastward-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, N Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Florida, and Virginia.

Still, legislation introduced in Congress in 2022 – Legal Workforce Human activity (H.R. 3711) – hopes to make the East-Verify electronic employment eligibility verification system a mandatory and permanent requirement for U.S. employers to ensure the workers they hire are legally eligible to work in the Us.

Mandatory nationwide apply of Due east-Verify was included in the White House Financial Yr 2022 Upkeep in order to expand worksite enforcement strategies past mandating nationwide utilize of the E-Verify organisation to reduce illegal employment.

How Does E-Verify Work

The E-Verify process can be started whatsoever time after the Grade I-9 is completed but in no instance later than three business days after the new rent's actual start date.
An employer inputs information from the I-9 form into E-Verify. Once all of the appropriate information has been put into the system, Eastward-Verify compares the data to the records in the Social Security Administration and Department of Homeland Security's databases.
If the information matches, East-Verify volition return an Employment Authorized result if the information matches. If a mismatch appears, E-Verify will return a Tentative Nonconfirmation (TNC) result. 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 viii federal government work days from the referral appointment. If the mismatch is resolved, an Employment Authorized result will be returned. Otherwise, a final non-confirmation will be sent and the employee can be terminated based on Eastward-Verify.

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

Advantages of Using East-Verify for I-9 Verification

East-Verify is available at whatsoever fourth dimension and anywhere with a calculator and internet access. As well, the employer can outsource E-Verify to a designated third-party agency.
The results of the I-9 verification check are speedily produced.
Possible errors and mismatches with government records tin exist accurately spotted.
The E-Verify photo tool prevents document fraud and ensures the documents' genuineness.
It is a rebuttable presumption that companies that properly use Eastward-Verify maintain I-ix compliance and adhere to employment eligibility laws.

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

8. Different Types of I-nine Penalties

Upon inspecting forms for I-9 compliance, Immigration and Community Enforcement (ICE) agents or auditors may find technical or procedural violations. In this instance, an employer is given x business days to make corrections.

An employer may receive a budgetary fine for all substantive and uncorrected technical violations. Employers determined to take knowingly hired or continued to employ unauthorized workers will be required to end the unlawful activity, may be fined, and in certain situations may be criminally prosecuted. Additionally, an employer found to take knowingly hired or continued to employ unauthorized workers may be subject to debarment by Ice, meaning that the employer will be prevented from participating in future federal contracts and from receiving other government benefits.

Monetary penalties for knowingly hiring and continuing to apply violations range from $375 to $sixteen,000 per violation, with repeat offenders receiving penalties, at the higher end. Penalties for noun violations, which include failing to produce a Form I-nine, range from $110 to $1,100 per violation. In determining penalisation amounts, Ice considers v factors: the size of the business concern, good-faith 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-9 Compliance Guidance

While the I-9 process may appear simple, it is important to ensure all the information employees provide is 18-carat in guild to avoid potential audits and not-compliance fees. Besides, there are many mutual mistakes and human errors that tin can be fabricated while completing and maintaining I-9 records. If employers fail to maintain I-ix compliance or to complete I-9 documentation correctly, this may pb to non-compliance with Immigration and Customs Enforcement (ICE) rules, resulting in harsh financial penalties.

Tentative Nonconfirmation (TNC)

Employers may receive a Tentative Nonconfirmation (TNC) when either the Department of Homeland Security (DHS) or Social Security Administration (SSA) identifies something entered on the I-9 every bit not matching their records.

An SSA TNC may exist issued because the employee'south:

Citizenship or immigration status was non updated with SSA,
The name change was not reported to SSA,
Name, Social Security number or date of birth is incorrect in SSA records,
SSA record contains another type of mismatch,
Data was non entered correctly past the employer.

A DHS TNC may be issued because the employee's:

Name, A-number, I-94 number and/or foreign passport number were recorded incorrectly in DHS records,
U.S. Passport, Passport Card, commuter's license or state ID bill of fare information could not be verified,
Data was non updated in the employee'due south DHS records,
Citizenship or immigration status changed,
The record contains another type of fault,
Information was non entered correctly by the employer.

What Happens when E-Verify Returns A TNC Result

1. The employer notifies the employee of the TNC.

When E-Verify displays a TNC instance result, the employer must first notify the employee of the TNC. To notify the employee, the employer must print the Further Action Notice (FAN) and provide it to the employee. The Farther Activity Discover is a disquisitional document that lets the employee know:

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

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

Print the Further Activeness Notice and review information technology privately with the employee.
Read the Further Action Find to the employee if the employee cannot read.
Provide the employee with the English language version and a foreign language version of the Further Action Find if the employee does non fully understand English.
Sign the employer section on the get-go page of the Further Action Notice.
Instruct the employee to complete and sign the employee department on page ii of the Further Action Notice.
Provide the employee a re-create of the signed Further Action Detect and keep the original with the employer'south records.

2. The employee decides whether to competition 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 information technology and betoken so on the Further Activeness Notice.

An employee who chooses to competition an SSA TNC must visit an SSA field office inside 8 federal government working days to brainstorm resolving the TNC. An employee who chooses to competition a DHS TNC must phone call DHS within 8 federal government working days to brainstorm resolving the TNC.

If the employee chooses not to contest a TNC, the case then results in Final Nonconfirmation, and the employer may cease the employee based on E-Verify. At this point, the employer must close the case in E-Verify and indicate whether the employee was terminated.

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

An employee who chooses to contest a TNC must visit an SSA field office in person if an SSA TNC is received or phone call DHS within 8 federal government working days for a DHS TNC. When the employer refers the case, Due east-Verify will generate a Referral Engagement Confirmation which the employer must print and requite to the employee. The Referral Engagement Confirmation provides the employee the date by which he or she must visit an SSA field office or call DHS to resolve the TNC.

Information technology is besides important for the employer to provide a re-create of the Further Action Find to the employee so they can refer to it for instructions to resolve the mismatch and evidence a copy of it to the representative if they visit an SSA field office.

If the employee contests a DHS TNC issued because of a photo mismatch, significant the employer indicated that the photo displayed by E-Verify did not match the photo on the employee's document, the employer must also make a copy of the document the employee provided and submit it to DHS for review. The employer may either browse and upload an image of the document or send a copy of the document via express mail at the employer's expense.

The employee must exist allowed to continue working while he or she resolves the mismatch. In addition, an employer may not take any adverse deportment, such as delaying preparation or reducing piece of work hours, against an employee considering of a TNC while the case status is an Employee referred to SSA or DHS.

4. Employee takes activeness to resolve the mismatch.

In one case the employer refers the case in E-Verify, the employee has eight Federal Government working days to visit an SSA field office or telephone call DHS. When visiting SSA or contacting DHS, the employee should accept the Further Action Notice along with whatever required documents. The Further Action Notice explains what documents are required to resolve the different types of possible mismatches.

If the employee does not take the required action to resolve the TNC within 10 Federal Regime working days after the instance is referred, E-Verify volition automatically change the employee'due south example status to SSA or DHS Final Nonconfirmation. Only afterward an employee receives an SSA or DHS Final Nonconfirmation may the employer stop the employee based on E-Verify.

five. Case updates in E-Verify.

If the employee is successful in resolving the mismatch, SSA or DHS will update its records and the instance in E-Verify. It may take up to two Federal Government working days after a mismatch is resolved for the employer to come across the updated case condition in Eastward-Verify.

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

In virtually SSA TNC cases, SSA will update the case with a last example result, which can be either Employment Authorized or SSA Final Nonconfirmation. Occasionally, SSA may require the employer, employee, or DHS to take boosted activeness before a concluding case outcome can be issued. In these cases, SSA will update the case to reflect one of the following results:

Case in Continuance: In rare cases, SSA may need more than 10 Federal Regime working days to confirm an employee'due south employment eligibility. This tin happen when an employee has lost and has applied for a replacement document, such every bit a birth certificate. The employee must beginning visit SSA and attempt to resolve the TNC before SSA will put a case in constancy. Employers should check Due east-Verify regularly for status updates.
DHS Verification in Process: The employee may have resolved the discrepancy with SSA, simply E-Verify cannot instantly ostend employment authorization because it needs to manually review the records in government databases. For cases requiring transmission review, E-Verify will render a DHS Verification in Process response and in most 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 E-Verify regularly for status updates.
Review and Update Employee Data: In some cases, SSA will prompt an employer to review and correct the data that was entered into E-Verify and update the case. This occurs when an employee who has received an SSA TNC visits SSA and SSA determines in that location are no errors in the employee'south tape. This discrepancy may result from either of the following situations:

An employer typing error in E-Verify.
The employee provided incorrect information on the Course I-9, Employment Eligibility Verification form.

The above iii case statuses are considered temporary. While a example is in continuance, the employer cannot finish, suspend, delay training, withhold or lower pay, or take whatever other agin action against the employee because the employee received a TNC.

In most DHS TNC cases, DHS will update the employee'south case with a final case result, which can be Employment Authorized, DHS No Evidence, or DHS Final Nonconfirmation. Occasionally, DHS may require the employee to take boosted activity before issuing a final case result. In these situations, DHS will update the employee's case to Case in Constancy.

In rare cases, DHS may need more than ten Federal Government working days to ostend employment eligibility. This can happen for a number of reasons, including if an employee has lost the document that was presented for I-9 verification and has practical for a replacement document. The employee must contact DHS and effort to resolve the TNC earlier DHS tin can put a case in continuance.

Case in Continuance is considered a temporary case status. While a example is in continuance, the employer cannot end, append, delay training, withhold or lower pay, or have whatever other adverse action confronting the employee considering the employee received a TNC.

vi. Employer closes the employee'southward case in E-Verify.

Once the employee has received a final case status, such every bit Employment Authorized or SSA or DHS Last Nonconfirmation, the employer must close the case in E-Verify. If the employee received an SSA or DHS Last Nonconfirmation, the employer must also bespeak whether the employee was terminated.

Using an electronic I-nine solution integrated with E-Verify volition enable automatic bulk closing of resolved cases and save you hours of in-house work defended to maintaining compliance.

Maintaining I-9 Compliance

Even though Eastward-Verify is a voluntary program, it could shortly become mandatory nationwide under comprehensive immigration reform. Statistics evidence that 98.93% of E-Verify cases are automatically confirmed every bit work authorized, and for the ones that aren't, simply 0.27% remain unresolved. 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.S., and for potential employees because it speeds the hiring procedure. However, mistakes happen and can pb to TNCs, which is why employers need to undertake the recommended steps leading to I-nine compliance and gratis themselves from civil and criminal liabilities.

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

Using Due east-Verify to verify the employment eligibility of all new hires. Past participating in Due east-verify, employers show they are being proactive equally a visitor to proceed the workforce legal. E-verify statistics show that 98.6% of submissions are employment authorized.
Ensuring that the I-nine and Due east-Verify process is conducted only by individuals who take received advisable training and include a secondary review equally role of each employee's verification. With fines being applied for clerical errors, the secondary review of the Class I-9 is a critical stride as it is extremely valuable in correcting a homo error.
Avoiding improper storage of documents to make sure they are easily accessible in case of Ice audits. Though at that place is no legal requirement that Forms I-nine demand to be stored separately from the employment file, employers take just 3 business days after receipt of a Observe of Inspection from the Water ice to gather necessary documentation.
Performing regular self-audits and correcting whatsoever problems before the government gets involved. While performing a Form I-nine cocky-audit may seem tedious and fourth dimension-consuming, information technology tin help companies avoid possible penalties. Plus, this is a practiced step in creating policy inside the Hour section to achieve and maintain I-9 compliance.
Using electronic I-9 verification software for creating, managing, and storing Class I-9 that provide the all-time style to handle I-ix compliance. Employers can save time and reduce the potential for errors by relying on an electronic I-nine verification solution, fully integrated with E-Verify, that completes an electronic Grade I-9, and simultaneously begins the E-Verify process. Furthermore, such solutions ensure electronic I-9 verification that meets the necessary guidelines, followed by the direction, preparation, certificate storage, and auditing of the Form I-9.

Utilise this step-by-footstep guide to ensure a thorough I-nine self-audit and get out no space for omissions, non-compliance, and fines.

11. Anti-Discriminatory Provisions

The Immigration Reform and Control Human action which introduced the requirement leading to the promulgation of the Course I-9 also included anti-discrimination provisions. Under the Act, most U.S. citizens, permanent residents, temporary residents, asylees or refugees who are legally allowed to work in the United States cannot exist discriminated confronting on the basis of national origin or citizenship condition. This provision applies to employers of three or more workers and covers both hiring and termination decisions.

An employer cannot pass up to rent a candidate considering his I-9 revealed that he was a non-citizen rather than a U.Due south. citizen. For this reason some immigration lawyers suggest 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 certificate because anti-bigotry provisions crave that employers enforce I-9 compliance in a uniform manner. Also, employers cannot assume that the employee is unauthorized to work but considering the private either could not bring proof of employment authorization or has brought unacceptable documents until the start date of the employment.

The Office of Special Counsel for Immigration-Related Unfair Employment Practices ("OSC") is a section within the Department of Justice's Ceremonious Rights Division that enforces the anti-discrimination provision of the Immigration and Nationality Act ("INA"). The OSC can help workers by calling employers and explaining proper I-9 verification practices and, when necessary, by providing victims of discrimination with accuse 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.

Types of Bigotry

The OSC investigates the post-obit types of discriminatory comport nether the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.

CITIZENSHIP OR IMMIGRATION STATUS DISCRIMINATION

With respect to hiring, firing, recruitment, or referral for a fee by employers with four or more employees, employers may non treat individuals differently because they are or are not U.Due south. citizens or piece of work-authorized individuals. U.South. citizens, contempo permanent residents, temporary residents, asylees, and refugees are protected from citizenship status discrimination. Nevertheless, permanent residents who do non apply for naturalization within vi months of eligibility are not protected from citizenship condition bigotry. Citizenship status discrimination which is otherwise required to comply with the police, regulation, executive order, or government contract is permissible by law.

NATIONAL ORIGIN Bigotry

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 every bit looking or sounding foreign. All U.Southward. citizens, lawful permanent residents, and work-authorized individuals are protected from national origin discrimination. The Equal Employment Opportunity Commission has jurisdiction over employers with fifteen or more than employees.

UNFAIR DOCUMENTARY PRACTICES

Relating to verifying the employment eligibility of employees, employers may non request more or different documents than are required for I-9 verification, reject 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.Due south. citizens and all 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 constitute unfair documentary practices or discrimination based upon citizenship, immigration status, or national origin, or who assert their rights under the INA's anti-discrimination provision are protected from retaliation.

Apply this updated, detailed checklist to prepare for I-ix audits, place and forbid mistakes, and maintain I-nine compliance with electric current I-ix regulations.

12. Background of the Form I-9

In 1986, President Reagan enacted the Immigration Reform and Control Human activity (IRCA) to curtail illegal immigration. IRCA mandates that U.S. employers must verify the employment eligibility condition 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), at present an integrated component of the DHS, created Form I-ix and mandated its accurate and timely completion by all U.S. employers and their employees.

The law changed the hiring landscape for employers in two major ways – IRCA imposed meaning legal, financial, and public relations risks for noncompliance and it 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 mutual. In contempo years, enforcement efforts have increased, making it more important now than ever for employers to go on Class I-9s updated to avoid ceremonious fines and criminal penalties.

USCIS released a new version of Form I-nine on January 31, 2020, but employers were allowed to apply 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-scale changes.

The new Form I-9 includes the revised "State of Issuance" field in Section 1 and the revised "Issuing Say-so" field in Section two to include Eswatini and North Macedonia.

Changes to Form I-9 instructions include:

Clarification of who can human activity equally an employer's authorized representative,
Updated USCIS web addresses,
Clarification on acceptable documents,
Updated process for requesting paper Forms I-9,
Updated DHS Privacy Detect.

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

With the I-nine verification solution fully customizable to meet your needs, you will have control of I-nine compliance, minimize HR administration, and supervene upon paperwork, concrete filing, and maintenance with compliant, organized, and completely paperless processes.

xiii. Avoid Costly Mistakes with Successful I-9 Verification

Form I-ix allows employers non only to determine the eligibility of employees to work in the The states but as well to preclude discrimination against people of foreign origin and citizenship. Given the increased intensity and frequency of Course I-ix audits past U.Southward. Immigration and Customs Enforcement, employers demand to be certain they are compliant with regulations for Form I-9. Otherwise, they tin face up penalties or even lawsuits from the regime.

The guidelines for Form I-9 verification are very specific. If all sections of the Grade 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 take chances of fines and criminal penalties.

To ensure that businesses maximize E-Verify and I-9 compliance and to foreclose potential fines, one 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. Automatic I-9 verification software helps minimize risk with its congenital-in quality control mechanisms, easy admission to stored I-9s, firsthand notification of employment authorization expiration dates, integration with East-Verify, and information security measures. Therefore, the I-nine verification process, which is normally perceived equally complex and daunting, becomes unproblematic, secure, and efficient.

The information contained within this document is general in nature and is non intended and should not be construed every bit legal, HR, or stance past Emtpech. Please contact Emptech or another subject matter professional person prior to acting on any information provided in this document. We recommend circumspection when contemplating acting on any information provided in this document as information technology may not exist applicable or suitable for the specific viewer's needs. Emptech assumes no obligation to update any viewer of any changes in law, rule, or regulation that could affect the information contained herein. Without express written permission from Emptech, no part of this document may be reproduced, re-transmitted, or otherwise redistributed in any form or by any means, including, just non limited to photocopying, electronic, facsimile transmission, or using any other data storage and retrieval organisation.

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