USCIS Revises the I-9 Handbook for Employers
In order to assist employers in completing the Form I-9, required for each
new hire, the U.S. Citizenship and Immigration Service released a revised
version of its I-9 instruction manual on January 11, 2011.
Completion and retention of Form I-9 is done in compliance with U.S. immigration
laws that seek to restrict illegal immigration while preserving legal
immigration. The law requires hiring of only those with a status allowing the
person to work in the United States. Employers are required to complete and
retain a Form I-9, verifying both identity and authorization to work in the
U.S., for each employee they hired after November 6, 1986. The law also protects
potential employees from discrimination on the basis of national origin and
citizenship.
The manual seeks to clarify every aspect of Form I-9 completion and retention in
an extensive question and answer section. Numerous questions about verification
of status, required documents, completing the form and issues concerning
avoiding discrimination are covered. Additionally, the question and answer
section covers employees hired before November 6, 1986, the proper use of
different versions of Form I-9 and the use of military IDs.
Instructions on retention of the Form I-9 now include using a PDF formatted Form
I-9 for both completion and retention. Forms may be generated, completed and
retained in electronic format with the conditions that the employee receives
instructions for completing Section One of the form, and the employer maintains
documentation of how the form was created and retained. Forms that originated as
paper forms may also be uploaded and retained in electronic format.
The timeline for completing and retaining Form I-9 is clarified. The form is not
begun until after the employee has been offered and accepted a position. Section
One must be completed by the employee before working for compensation begins,
and Section Two, verifying documentation, must be completed within three
business days of starting work.
A discussion of the role of the new E-Verify system and its function in
confirming employment authorization is included along with Form I-9 requirements for
subcontractors, staffing firms and professional employer organizations. Staffing
firms are considered the employers and must complete and retain Form I-9. The
client the employee is placed with is not required to complete Form I-9. The
same is true for subcontractors and their employees. The firm using the
subcontractor is not required to complete Form I-9.
Form I-9 and the updated Handbook for Employers can be obtained in PDF format
from the U.S. Citizenship and Immigration Services website at www.uscis.gov or directly by visiting the following URL:
http://www.uscis.gov/files/form/m-274.pdf.
About the Author
Website: http://www.i-9compliance.com
I-9Compliance.com provides companies with the resources necessary to maintain full compliance with the ever-changing laws of the Department of Homeland Security. The functions of this program also include: Integration with the Basic Pilot/E-Verify programming, “Mismatch” and dispute resources, and more.
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