I-9 Audit
The Immigration Reform and Control Act of 1986 (IRCA) made the knowing employment of unauthorized aliens illegal. With the enactment of IRCA, the legal obligations of employers, hiring new employees have been greatly increased. Employers are required to verify the identity and eligibility for employment of all persons they hire after November 6, 1986.
It is also unlawful for employers to knowingly hire a person who is not authorized to work in the U.S., or continue to employ such a person. Thus, IRCA requires employers to complete a Form I-9 for each new employee within 72 hrs of the employee's start date.
On November 20, 2009 The Department of Homeland Security (DHS) made it mandatory for all federal contractors to use the E-Verify System to check that contractors are legally authorized to work in the United States,
making the employment eligibility verification (EEV)
process more complicated.
As an E-Verify Designated
Agent eSource-HR, LLC simplifies the
process by accessing the Department of Homeland Security
and the Social Security Administration databases to
verify employment eligibility. In addition we provide
the following auditing services:
I-9 Audit Services:
- Complete review of completed I-9 forms
- Verify an employee's legal ability to work in the United States
- Written report on I-9 audit findings
- Certification of the I-9 Audit
- Review existing process/procedure and recreate as necessary to ensure compliance
- Create a compliant record retention process
- Provide a user-friendly training guide on I-9 compliance procedures
Please contact us to get additional details on I-9 audits for your organization.
|
I-9 Completion Tips
|
Section 1. Employee Information and Verification
- This part of the form must be completed ONLY by the employee. The form must be completed before the end of the third day of employment. The employer is responsible for ensuring that Section 1 is timely and all boxes are properly completed (Name, Home Address, Date of Birth, Immigration Status, Employee’s Signature and Date). Providing the Social Security number is voluntary unless the employee will be working on a federal contract with a Federal Acquisition Regulation(FAR) clause.
- Preparer/Translator Certification. The Preparer/Translator Certification must be completed if Section 1 is prepared by a person other than the employee. A preparer/translator may be used only when the employee is unable to complete Section 1 on his/her own. However, the employee must still sign Section 1 personally.
Section 2. Employer Review and Verification-
Employers must complete Section 2 by examining evidence of identity and employment eligibility within 3 business days of the date employment begins. If employees are authorized to work, but are
unable to present the required document(s) within 3 business days, they must present a receipt from the appropriate Issuing Authority showing they applied for the document(s) within 3 business days and the actual document(s) must be presented within 90 days of the date of employment.
- Employers must examine one document from List A or examine one document from List B and one from List C as listed on the back of the I-9 Form.
- Employers must record ALL of the following information for each document presented.
- Document title;
(i.e. Passport, Employment Authorization Card, Driver’s License, Social Security Card, Birth Certificate, etc.)
- Issuing authority;
(i.e. Passport Agency, U.S. Dept of Homeland Security, Social Security Administration,
State of NC, etc.)
- Document number;
- Expiration date, if any; and
- CERTIFICATION -- The date employment begins (i.e. first day of work).
- Employers attest to examining the documents provided by filling out the signature block, printing their name and title and entering the current date at the bottom of Section 2.
- Enter appropriate address in the the Business or Organization Name and Address box
Section 3. Updating and Reverification
- Complete Section 3 for all updates and reverifications using the employee’s original I-9 Form on file.
|
|
