Acceptable Documents to Verify Legal Eligibility to Work Can Include:
Groundwork:
In 1986, Congress reformed U.S. immigration laws to preserve the tradition of legal clearing while seeking to close the door to illegal entry
The employer sanctions provisions, found in section 274A of the Clearing and Nationality Act (INA), were added by the Immigration Reform and Control Human activity of 1986 (IRCA)
These provisions further changed with the passage of the Immigration Human activity of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996
Why Employers Must Verify Employment Authorization and Identity of New Employees?
The purpose of the employer sanctions law is to implore employers to hire only individuals who may legally work here: U.S. citizens, noncitizen nationals, lawful permanent residents, and aliens authorized to work. To comply with the constabulary, employers must:
- Verify the identity and employment authority of each person they hire
- Consummate and retain a Form I-9, Employment Eligibility Verification, for each employee
- Refrain from discriminating against individuals based on nationality or citizenship
You tin download Form I-9 (PDF) (PDF, 726.73 KB) and the instructions (PDF, 355.87 KB) on the USCIS website at uscis.gov/i-9-fundamental. Y'all may also order paper forms at uscis.gov/forms/forms-by-mail or by calling the USCIS Contact Center at 800-375-5283 (TTY: 800-767-1833). Yous must use the current version of Grade I-9 found at uscis.gov/i-9. A revision appointment with an "N" next to it indicates that all previous versions with earlier revision dates are no longer valid.
Note: Form I-nine is bachelor in English and Spanish. Employers in the Usa and its territories may employ the Spanish version of Course I-nine as a translation guide for Spanish-speaking employees but must complete and retain the English version. Employers in Puerto Rico may use either the Spanish or the English language version of Form I-9.
Who Must Complete Grade ane-nine Documents?
- You must complete Form I-9 each time you hire whatever person to perform labor or services in the United states of america in return for wages or other remuneration
- Remuneration is anything of value given in exchange for labor or services, including food and lodging
- The requirement to complete Form I-nine applies to new employees hired in the Usa after Nov. 6, 1986, likewise as new employees hired in the Commonwealth of the Northern Mariana Islands (CNMI) on or after Nov. 28, 2009
For Employees:
- Please Ensure the employee completes Department 1 of Form I-9 at the time of hire
- "Hire" means the first of employment in exchange for wages or other remuneration
- The fourth dimension of hire is noted on the form every bit the kickoff day of employment
- Employees may consummate Department 1 earlier the time of hire, but not before the employer extends the job offer and the employee accepts
- Review the employee's document(due south) and fully complete Section ii within 3 business organization days of the rent. For example, if the employee begins employment on Monday, you must complete Section 2 past Th
What Documents from Employees are Acceptable?
An employee must present a document or combination of documents from List A (which shows both identity and employment authorization) or one document from List B (which shows identity) and one document from List C (which shows employment authority) or an acceptable receipt of those documents within three business days of the date work for pay begins.
Some Rules You Should Follow virtually Acceptable Documents:
- The employee that presents a receipt must present the actual document when the receipt validity period ends, or when they receive the document, whichever comes outset
- Do not require an employee who presents a Listing A certificate to present List B and List C documents
- Practise not require an employee who presents Listing B and List C documents to nowadays a List A certificate
- You lot cannot accept a receipt showing the employee has applied for an initial grant of employment authorisation
- Yous also cannot accept receipts if employment is for less than iii business days
- For a listing of acceptable receipts for Form I-9, see Table 1 in Section iv.iii, Adequate Receipts. For examples of acceptable employment authorisation documents issued by the Department of Homeland Security (List C #7), please visit gov/i-9-central
LIST A: Documents That Establish Both Identity and Employment Potency
All documents must be unexpired.
- U.Due south. passport or U.South. passport card
- Grade I-551, Permanent Resident Carte du jour or Alien Registration Receipt Carte (this is ordinarily called a Green Card.) Run across Department 6.i, Lawful Permanent Residents for when a Permanent Resident Carte is considered unexpired past the "Card Expires" date.
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa (MRIV)
- Form I-766, Employment Authorization Certificate (EAD) that contains a photograph. Notwithstanding, in certain circumstances, an EAD past its "Card Expires" date qualifies as an unexpired EAD. Come across Section 4.4, Automatic Extensions of Employment Dominance Documents in Certain Circumstances, for more information.
- For nonimmigrant aliens authorized to work for a specific employer incident to status, which ways they are authorized to be employed based on their nonimmigrant status, a foreign passport with Form I-94 bearing the same name equally the passport and an endorsement of their nonimmigrant status, as long equally the period of endorsement has non however expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form
- Passport from the Micronesia (FSM) or the Marshall islands (RMI) with Form I-94 indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
Listing B: Documents That Constitute Identity
All documents must be unexpired.
- Driver'due south license or ID card issued by a country or outlying possession of the United States provided information technology contains a photograph or information such as name, engagement of birth, gender, peak, centre colour, and address
- ID carte du jour issued by federal, country, or local government agencies or entities, provided it contains a photograph or information such equally proper name, engagement of birth, gender, peak, middle color, and address (This selection does not include the driver's license or ID menu issued by a state or outlying possession of the The states in Particular 1 of this list.)
- School ID menu with a photograph
- Voter's registration menu
- U.S. military card or typhoon record
- Military dependent'due south ID card
- U.South. Coast Baby-sit Merchant Mariner Carte
- Native American tribal document
- Driver's license issued by a Canadian government authorisation
For persons under age 18 who are unable to present a document listed above:
- Schoolhouse tape or report menu
- Clinic, physician, or infirmary record
- Daycare or nursery school record
Listing C: Documents That Found Employment Authorization
All documents must exist unexpired.
- A Social Security Business relationship Number carte, unless the card includes ane of the following restrictions:
- Non VALID FOR EMPLOYMENT
- VALID FOR Piece of work ONLY WITH INS Authorization
- VALID FOR Work ONLY WITH DHS Dominance
- Certification of the report of birth issued by the U.South. Department of State (Forms DS-1350, FS-545, FS-240)
- Original or certified copy of a birth document issued by a state, county, municipal authority, or outlying territory of the United States bearing an official seal
- Native American tribal document
- Grade I-197, U.S. Citizen Identification Bill of fare
- Form I-179, Identification Menu for Use of Resident Citizen in the The states
- Employment authority certificate issued by the Department of Homeland Security. For more examples, please visit gov/i-nine-central. (This does not include Course I-766, Employment Authorization Document, from Listing A.)
You Might As well Want to Consider Due east-Verify Program:
- E-Verify is a voluntary program
- However, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in E-Verify as a condition of federal contracting
- Eastward-Verify is available in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of Northern Mariana Islands, is currently the best means available to electronically confirm the employment eligibility
What Exactly is E-Verify?
East-Verify is an Internet-based arrangement that compares information entered by an employer from an employee's Form I-nine, Employment Eligibility Verification, to records bachelor to the U.S. Department of Homeland Security and the Social Security Assistants to confirm employment eligibility.
What Are the Benefits of Due east-Verify?
- E-Verify operates with speed and accuracy
- E-Verify is the just free, fast, online service of its kind that electronically confirms an employee's data against millions of government records and provides results within equally trivial every bit three to five seconds
- Has over 967,000 enrolled employers of all sizes
- Includes more than 2.4 million hiring sites
- Is joined by about i,500 new participating companies every week
- Is one of the federal government'south highest-rated services for user satisfaction
Note:you should take intendance to avert E-Verify misuse. As some types of misuse may leave the employer subject to legal action
Y'all can discover more about Eastward-Verify Compliance hither
Consider hiring an experienced immigration attorney to assistance you in this process of E-Verify Compliance
You can fill up out this contact class and schedule your consultation with one of our attorneys, or
Schedule a Consultation 469-994-9407 to talk over your options.
tschidaglearand1973.blogspot.com
Source: https://ustunlawgroup.com/what-are-acceptable-documents-for-verifying-employment-authorization-and-identity/
0 Response to "Acceptable Documents to Verify Legal Eligibility to Work Can Include:"
Post a Comment