All U.S. employers must complete a Form I-9 for a new hire to verify that the new hire is eligible for employment in the U.S.
Origin of I-9 Process
Who needs to Complete an I-9?
The I-9 Process.
The following graphic from USCIS is a good illustration of the process:
When to complete Section 1?
Complete Section 1
Employee’s responsibilities to complete:
Employer’s responsibilities to:
Complete Section 2
Employer must complete section 2 as early as employee has accepted job offer, but no later than 3rd day of date of hire. If the employee starts on a Monday, Section 2 must be completed by Thursday.
Employee must present document to verify that he/she is eligible to work in the U.S. by submitting either one List A document, or one List B plus one List C document.
List A documents are documents that establish Both Identity and Employment Authorization:
Acceptable List B Documents for individuals under the age of 18 who are unable to present a document listed above:
List C documents are documents that only establish employment authorization.
Complete Section 3
Employers must complete Section 3 when the employee’s employment authorization or documentation of employment authorization has expired (“reverification”).
Employers may complete Section 3 when:
There is no need to complete List 3 and reverify employment authorization of:
E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).
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. Employers may also be required to participate in E-Verify if their states have legislation mandating the use of E-Verify, such as a condition of business licensing. Finally, in some instances employers may be required to participate in E-Verify as a result of a legal ruling.
E-Verify, which is available in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and Commonwealth of Northern Mariana Islands, is currently the best means available to electronically confirm employment eligibility.
The follow states are mandatory E-verify states. Employers in these states must participate in the E-verify program:
Visa Employee Policy
Most companies will benefit from having a clear visa employee policy that is available to all stakeholders in the company and visa employees. Having a clear visa employee policy manage expectations of all parties involved. The policy may also answer questions such as when the green card process will start, who would pay for a trip to a U.S. consulate to obtain a visa, etc.
A visa employee policy typically covers the following:
Coordination between recruiters and H.R. department
To ensure a smooth hiring process of a visa employee, recruiters and the H.R. department work best to coordinate their effort. The following consideration should be made prior to extending an offer or setting up a start date:
Working closely with immigration counsel to lessen the burden of managing visa employees
Except in large companies, most H.R. teammates manage immigration processes, in addition to other responsibilities, such as payroll, OSHA, and other federal compliance. As such, having reliable immigration counsel can be of great benefits to the H.R. professional who manages visa employees. We routinely provide our clients the following services:
If we can provide any of the above reference services to you, please do not hesitate to contact us.