At that time, the employer should use Section 3 on the current version of the Form I-9 to update the information or draw a line through the old information so that it is still legible , insert the new information, and sign and initial the change. If, within the day period, the employee chooses to present another acceptable document that differs from the document that the receipt was issued for, the employer should complete Section 2 on a new Form I-9 and attach it to the original Form I-9 and provide a note of explanation either in the additional information box included on page 2 of the Form I-9 or as a separate attachment.
I-9 forms that list green cards that have since expired should not be reverified. Green cards indicate permanent residency in the United States, and they expire just as driver's licenses do. The expiration date does not indicate that the holder is no longer authorized to work in the U. Employers may also choose to update the Form I-9 in Section 3 when an employee has a name change, but there is no requirement to do so. You may be trying to access this site from a secured browser on the server.
Please enable scripts and reload this page. July 7, Reuse Permissions. Page Content. Eligibility Verification I You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Receipts are not acceptable, however, if employment lasts fewer than three business days. You may terminate an employee who fails to produce the required documents, or a receipt for replacement document s in the case of lost, stolen or destroyed documents , within three business days of the date employment begins.
However, you must apply these practices uniformly to all employees and not just to those who do not appear to be citizens. The employer is required to verify both identity and authorization to work in the United States. The back of the I-9 Form describes which documents establish a new hire's identity and work authorization. Documents listed in List A establish both identity and authorization to work in the United States. List B documents only establish identity.
List C documents only establish employment eligibility, meaning the person is authorized to work in the United States. Can I refuse to hire a person who does not have a U. The employer must review the other documents to determine whether they prove identity and work authorization. An employer cannot require that the new hire provide specific documents, such as a U.
A new hire may show any of the documents listed on the I-9 form. The documents shown in List A on the back of the I-9 form prove both identity and authorization to work. If a new hire provides a document in List A , only one document is needed. If the document provided is not in List A , the employee must provide a document from List B and a document from List C.
Employers cannot specify which document or documents are acceptable from an employee. If the person provides a document from List A , or a document from List B and a document from List C , the employer may not request any other document to verify employment eligibility. If the person states he or she is now employment-authorized, he or she must visit a local Social Security office with proof of lawful employment status to apply for a Social Security Card without restrictions.
The employer must also see proof of authorization to work such as a U. The employer cannot require more than the minimum needed to comply with the I-9 form. The employer cannot specify which documents it wants to see. You must examine the document or documents. If the documents reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them.
To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate. Additionally, the following documents should not be re-verified: an expired U. To do otherwise could be an unfair immigration-related employment practice.
If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local Immigration Service office for assistance. The addresses and telephone numbers of the Immigration Service office nearest you is available at the Immigration Service district office directory. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate. Do not reverify the following documents: An expired U.
All documents, including a U. An employer may not refuse to hire an individual or refuse to accept a document because it has a future expiration date. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA. The employer may choose to copy or scan documents an employee presents when completing Form I-9, which the employer may, but is not required to, retain with his or her Form I Even if the employer retains copies of documentation, the employer is still required to fully complete Section 2 of Form I This means that you should retain I-9s for all current employees for as long as they are employed AND continue to maintain them for a year after they are terminated.
If an employee leaves before they have been with the employer for 3 years, the employer must maintain the I-9 for longer than 1 year from the date employment is terminated. These penalties may add up quickly. There are anti-discrimination rules. An employer could be fined or penalized for failing to hire an authorized worker for discriminatory reasons, for demanding specific documents, for asking to see more than the minimum documents, and for other reasons. The amount of the fine will depend on whether the employer made a genuine error, if the workers were authorized to work, if there were repeated violations or warnings, and other factors.
Note: The answers provided on this page are for informational purposes only and do not constitute legal advice. Whether you are a job candidate with questions about our processes or an employer ready to stay compliant we are here to serve you. Our award-winning support team is ready to make every effort to respond as quickly as possible.
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