Form I-9 and Immigration
Having an authorized workforce is a must. The US Immigration and Customs Enforcement (ICE) has recently escalated its enforcement efforts. As a result, employers must ensure that they only hire authorized workers and are complying with the Form I-9 verification process. No industry, regardless of size, type or location is immune from an ICE investigation or exempt from the requirement to comply with the employment verification process. If an employer does not properly comply with the Form I-9 process it could find itself exposed to serious civil and potentially criminal penalties.
To comply with Form I-9 requirements, many employers are enrolling in the E-Verify program to verify their new employees' authorization to work in the US and their identity. However, simply enrolling in E-Verify does not shield employers and they must properly comply with all E-Verify requirements.
Further, if an employer has foreign citizens working for it on US soil, it must ensure that those foreign citizens have the proper work visas. An employer with an immigration program needs to be aware of its obligations when sponsoring a foreign national for employment as well as the foreign national's responsibilities.
Using XpertHR's various Tools and resources will help employers better understand and comply with the Form I-9 verification process and address immigration issues.
- Comply With Immigration-Related Paperwork Requirements
- Obtain Visas When Employing Foreign Citizens
- Verify an Employee's Eligibility for Employment During the Form I-9 Process
Quick Reference Charts
- State Mandated E-Verify Laws
- Dos and Don'ts When Using E-Verify
- Dos and Don'ts Regarding the Form I-9 Process
Policies and Documents
- Immigration Policy
- Form I-9, Employment Eligibility Verification
- Employment Verification and Required Documentation During the Form I-9 Process - Checklist
- Appropriate Usage of the B-1 Visa - Checklist
- Hiring an H-1B Worker - Checklist
- Sponsoring a Worker for an L-1A or L-1B Nonimmigrant Visa - Checklist
Employment Law Manual
- How should an employer prevent discrimination during the Form I-9 process?
- Should an employer conduct an internal audit to ensure its compliance with the Form I-9?
- What is the Form I-9?
- What documents does an employer need to obtain from a new employee to verify his or her eligibility for employment?
- Is the at-will employment relationship affected by the employer filing employment-based immigration petitions and applications with the government?
- If an employer is seeking to employ a foreign worker for a seasonal job, what visa program applies?
- What is an immigrant visa?
- What are the penalties if an employer does not verify an employee's eligibility of employment?
- What is E-Verify?
- Which employees must complete the Form I-9?
- May an employer include the Form I-9 in a job application packet?
- Do name changes need to be updated on the Form I-9?
- May an employer complete Section 1 of the Form I-9 along with the Preparer/Translator section?
- Is an employer required to terminate an employee if the employee's work permit expired and he or she is waiting for the new one?
- On a job application, is it unlawful for an employer to ask whether the individual "will now or in the future require sponsorship for employment"?
- Are unpaid interns or volunteers required to complete the Form I-9?
- May an employer accept an expired driver's license from an employee to establish his or her identity for Form I-9 purposes?
- If an employer has a photocopying policy for Form I-9 documents, may it change this policy to stop photocopying?
- If an employee has a P.O. Box address, is that an acceptable address for the Form I-9?
- Is an employee required to provide his or her Social Security Number on the Form I-9?
- If an employee has two last names, should both be included on the Form I-9?
- May a new hire complete Section 1 of the Form I-9 before he or she begins work?