Frequently Asked Questions
- Why must an employer complete the Form I-9? According to USCIS, U.S. employers are required by law to verify the employment eligibility of ALL workers regardless of the workers national origin or immigration status. This includes all U.S. citizens. Employers who fail to comply with the requirements of the Form I-9, Employment Eligibility Verification may face fines and in some cases criminal penalties for non-compliance.
- Where can I get the new Form I-9 and instructions? USCIS issued a new Form I-9 to be used for all new hires beginning April 3, 2009. You may download the most current Form I-9 on our FORMS page or by going to www.uscis.gov. Instructions for completing the Form I-9 are available on both sites. Employers without internet access can call I-9 Okay at 866-580-9390 to order free copies of the Form I-9 with instructions or call USCIS 1-800-870-3676 to order the form.
- Can I-9 Okay take care of all of our company's Form I-9 and E-Verify needs? Yes. I-9 Okay is an Employer Agent of both the Department of Homeland Security and the Social Security Administration. We are experts in managing all of your E-Verify and employment eligibility verification needs.
- What happens if the Department of Homeland Security, Immigration and Customs Enforcement (ICE) wants to see my Forms I-9? You will be served a Notice of Inspection by an ICE Agent who visits your business. In order to comply with the notice, you must produce all of the Forms I-9 requested on the Notice of Inspection within 3 business days. Usually, ICE will request to see all current employee's I-9's as well as all of your past employee's Forms I-9 going back 3 years. In the event you are served a Notice of Inspection, contact a qualified immigration attorney immediately.
- How long after I hire someone do I have to complete the Form I-9? According to Form I-9 instructions, the employer is required to verify the employment eligibility of each new hire using the Form I-9 within 3 days of hire, however if someone only works 1 day, they must have a completed Form I-9 on file.
- I KNOW the person I just hired is a U.S. Citizen. Do I still have to complete a Form I-9? YES! Employment eligibility verification applies to all new hires, even if you are sure the person is a U.S. Citizen.
- What about independent contractors or sub-contractors? Do I need to complete Forms I-9 for their employees? According to USCIS guidelines, you must not knowingly hire independent contractors or sub-contractors to circumvent the law against hiring unauthorized workers. I-9 Okay strongly recommends that companies who use independent contractors and/or subcontractors consult qualified legal counsel to address employment eligibility verification within their contracts. Savvy employers will develop a written policy concerning subcontractors in their corporate Employment Eligibility Compliance Plan. Contact I-9 Okay for details.
- Someone presented a U.S. Passport Card. Can I accept that as a List A document? Yes. The U.S. Passport Card is a wallet-sized, fully valid passport that attests to U.S. Citizenship and the identity of the bearer. The U.S. Passport Card is a valid List A document for purposes of the Form I-9 and proof of employment eligibility.
- What if a new hire cannot provide the required documents within 3 business days of the date employment? If the employee is unable to provide the appropriate documents as required by the Form I-9 within 3 business days of hire, in some cases he or she may provide certain receipts showing they have applied for a replacement of the document in question. Not all receipts are acceptable for employment eligibility verification. Contact I-9 Okay for more details.
- May I accept an expired document? No. This is a change with the new Form I-9 issued April 3, 2009. There are some very specific exceptions to this rule. Contact I-9 Okay for more details.
- What is E-Verify and am I required to use it? E-Verify is a web-based electronic method of verifying work authorization.The E-Verify system uses information from the Form I-9 to search the Department of Homeland Security and Social Security Administration databases for verification of employment authorization. E-Verify for employers is currently a voluntary program, however some States are requiring its use. On September 8, 2009 a new rule went into effect that requires most employers with Federal contracts to use E-Verify. As part of the FAR (Federal Acquisition Requirements) most federal contract awarded or renewed after September 8, 2009 contain an E-Verify clause. Contact I-9 Okay for more details.
- How long do I have to keep Forms I-9? According to Form I-9 instructions, an employer must retain all I-9 Forms for 3 years after the date employment begins or for 1 year after the date employment is terminated, whichever is later. There are special rules that apply to agricultural employers and farm laborers I-9 Forms. Contact I-9 Okay with questions concerning these groups.
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may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government agencies or with an attorney, particularly as
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