Employment and Form I- 9 Essay

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OMB No. 1615-0047; Expires 06/30/09

Form I-9, Employment
Eligibility Verification

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions

Read all instructions carefully before completing this form.
Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the
United States) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status.
It is illegal to discriminate against work-authorized individuals.
Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination. For more information, call the
Office of Special Counsel for Immigration Related Unfair
Employment Practices at 1-800-255-8155.

What Is the Purpose of This Form?
The purpose of this form is to document that each new employee (both citizen and noncitizen) hired after November
6, 1986, is authorized to work in the United States.

When Should Form I-9 Be Used?
All employees, citizens, and noncitizens hired after November
6, 1986, and working in the United States must complete
Form I-9.

Filling Out Form I-9

in Section 2 evidence of employment authorization that contains an expiration date (e.g., Employment Authorization
Document (Form I-766)).
Preparer/Translator Certification
The Preparer/Translator Certification must be completed if
Section 1 is prepared by a person other than the employee. A preparer/translator may be used only when the employee is unable to complete Section 1 on his or her own. However, the employee must still sign Section 1 personally.
Section 2, Employer
For the purpose of completing this form, the term "employer" means all employers including those recruiters and referrers for a fee who are agricultural associations, agricultural employers, or farm labor contractors. Employers must complete Section 2 by examining evidence of identity and employment authorization within three business days of the date employment begins. However, if an employer hires an individual for less than three business days, Section 2 must be completed at the time employment begins. Employers cannot specify which document(s) listed on the last page of Form I-9 employees present to establish identity and employment authorization. Employees may present any List A document
OR a combination of a List B and a List C document.

This part of the form must be completed no later than the time of hire, which is the actual beginning of employment.
Providing the Social Security Number is voluntary, except for employees hired by employers participating in the USCIS
Electronic Employment Eligibility Verification Program (EVerify). The employer is responsible for ensuring that
Section 1 is timely and properly completed.

If an employee is unable to present a required document (or documents), the employee must present an acceptable receipt in lieu of a document listed on the last page of this form.
Receipts showing that a person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable. Employees must present receipts within three business days of the date employment begins and must present valid replacement documents within
90 days or other specified time.

Noncitizen Nationals of the United States

Employers must record in Section 2:

Section 1, Employee

Noncitizen nationals of the United States are persons born in
American Samoa, certain former citizens of the former Trust
Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad.
Employers should note the work authorization expiration date (if any) shown in Section 1. For employees who indicate an employment authorization…