I-9, Employment Eligibility Verification
Purpose of Form
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
NOTE: State agencies may use Form I-9. Also, some agricultural recruiters and referrers for a fee may be required to use Form I-9.
Where to File
Employers must have a completed Form I-9 on file for each person on their payroll who is required to complete the form. Form I-9 must be retained and stored by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.
E-Verify is an electronic program through which employers verify the employment eligibility of their employees after hire. The program was authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In short, employers submit information taken from a new hire's Form I-9 (Employment Eligibility Verification Form) through E-Verify to the Social Security Administration and U.S. Citizenship and Immigration Services (USCIS) to determine whether the information matches government records and whether the new hire is authorized to work in the United States.
An employer that participates in E-Verify must post the “Notice of E-Verify Participation” and “Right to Work” posters, at the company’s hiring location. If the posters cannot be displayed at the hiring location, they should be provided to you with your job application materials.
Once you have accepted an offer of employment and completed Form I-9, the employer takes the information from your Form I-9 and enters it into E-Verify. E-Verify checks the information against records available to DHS and provides the employer with a case result within 3-5 seconds.
How E-Verify Works
1. Complete Form I-9
The employer enters the employee’s information from Form I-9 into E-Verify and submits the information to create a case. An E-Verify case must be created no later than the third business day after the employee starts work for pay.
2. Process Case
E-Verify compares the information to records available to the U.S. Department of Homeland Security, including:
- U.S. passport and visa information
- Immigration and naturalization records
- State -issued driver’s licenses and identity document information
- Social Security Administration records.
3. Receive Results
If the information matches, the case will receive an Employment Authorized result almost immediately.
If the information does not match, the case will receive a Tentative Nonconfirmation result.
The case result indicates whether the information entered in E-Verify matches records available to the U.S. Department of Homeland Security (DHS). E-Verify does not provide your employer with any immigration, citizenship status or document information about you.
|If the E-Verify case result is...
The information entered by the employer matches with DHS or SSA records
You are authorized to work and your employer simply closes your E-Verify case.
No additional action is required by you.
DHS or SSA Tentative Nonconfirmation (TNC)
The information entered by the employer does not match with DHS, SSA, or DOS records.
Your employer must inform you in private about the DHS or SSA TNC. Your employer must also give you the opportunity to take action (contest) to correct your DHS or SSA records.
Your employer may terminate your employment if:
- You decide not to contest a DHS or SSA TNC.
- You receive a Final Nonconfirmation result indicating your work authorization cannot be confirmed.
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