New Developments on Verifying Employment Eligibility
by Attorney Lisa Guerin
Learn the new rules for Form I-9, which employers must complete to verify that new hires are authorized to work in the United States.
When you hire an employee, you must verify his or her identity and eligibility to work in the United States. Employers fulfill this requirement by completing Form I-9 within three days after an employee is hired. The employee must fill in his or her name, address, birth date, and Social Security number. The employer then certifies that the employee has presented documents confirming his or her identity and authorization to work in the U.S., and that these documents appear to be genuine. (For more information on Form I-9 and instructions for completing the form, go to the website of the United States Citizenship and Immigration Service, www.uscis.gov.)
Employers have been required to complete I-9 forms for the last 20 years. In the past year or so, however, the Department of Homeland Security -- the federal government agency now in charge of immigration issues, among other things -- has taken steps to make compliance easier for employers, by:
- allowing employers to verify work authorization online
- allowing employers to store I-9 forms electronically, and
- telling employers what to do if they learn that the information provided by the employee does not match information on file with the government.
Verifying Employment Authorization Online
Employers in all 50 states may now use a Web-based system to verify that new hires are eligible to work in the U.S. This program, called "Basic Pilot," is voluntary, but Congress is considering making it mandatory. Here's how it works:
- Employers who choose to use the program must register to do so and complete a "Memorandum of Understanding" -- essentially a contract with the government regarding use of the system.
- Employers then receive a user ID and password, which they can use to access the system and make sure the employee's documents match government records.
- If the Social Security number the employee provided matches the number on file with the Social Security Administration, the employer will receive an immediate confirmation. If not, or if there is some other problem with the employee's documents, it might take a few days to hear back.
- If the employer ultimately learns that the employee's work authorization cannot be verified, it will be instructed to have the employee contact the Social Security Administration to clear up the matter. The employee then has eight days in which to resolve the situation.
Employers who choose to use the online verification service are still required to complete Form I-9 for every new hire; the service simply provides immediate information regarding the employee's eligibility. For more information on the program, go to www.uscis.gov.
Page 1 of 3
Next Page
Copyright 2007 Nolo
