Form I-9 Compliance
U.S. businesses are not permitted to employ non-U.S. citizens or foreigners lacking a valid work authorization.
Responsibility for enforcement of this requirement now lies with the Department of Homeland Security (DHS).
Dealers Insurance Services is pleased to be one of the very first companies authorized by DHS to conduct I-9 employment eligibility verifications through the E-Verify program on behalf of our clients.
This helps insure your company’s compliance with the new laws by running your candidate’s documents through DHS and Social Security Administration (SSA) databases.
DHS then issues a confirmation that the I-9 forms and documents are valid and the candidate is eligible to work in the U.S., or a tentative non-confirmation which requires the candidate to contact the appropriate agency to resolve any potential I-9 verification discrepancy.
Over 19,000 US companies are already enrolled in this online program. See description of I-9 Employment Form Regulations below:
I-9 Verification of employment eligibility is the sole responsibility of the employer.
Form I-9 requires every employer to obtain and keep on file positive evidence that they have checked each employee’s identity and U.S. work eligibility. Employers are subject to audit by DHS and may be required to show I-9 employment form documentation upon request.
Please contact Larry at 800.966.6909 for more information.
The following information which was excerpted from an article published by John Messing Esq. on August 17th 2007
Immigration reform is in the air and its intensity seems to be rising. Employers should begin to evaluate their present employment verification and record-keeping systems in light of probable new laws and regulations mandating electronic technology verification. This will require learning and using new human resource skills, including effective collaboration with employment eligibility verification lawyers and providers of information technology services.
Despite criticism and misgivings, it is likely that some form of electronic employment verification using the federal basic pilot will soon be mandatory at the very least in industries where undocumented labor is highest, either nationally or at the state and regional levels.
Such a transformation will require employer representatives who have traditionally completed I-9 forms to learn new computerized and legal skills, including properly following procedures prescribed by government agencies and counseling employees who are tentatively non-confirmed for employment. Some of the learning curve burden can be eased by computer programs that interoperate with the electronic employment verification over the Internet and provide additional valuable features to the users, such as completing and signing the form I9 electronically as part of an integrated employment verification workflow process, and providing timely automated reminders via email of compliance actions that must be taken.
Electronic Form I-9 and Signatures
DHS adopted interim rules in 2006 pursuant to a statutory grant of authority in Public Law 108-390, 11 Stat. 2242 (2004) for the preparation, signature and storage of paperless I-9’s. This feature is a powerful companion to electronic employment verification for businesses, particularly where efficiencies and cost-savings through electronic generation, signing, instantaneous online employment verification, encryption, and I-9 storage can be realized within a single Internet application.
John H. Messing is a lawyer and a technologist. He practices immigration law in Tucson, Arizona. He is the Chairman of LegalXML-OASIS, which is an international XML standards body for legal applications. He is a member of the governing council of the Science and Technology Law Section of the American Bar Association. He holds several patents for electronic signature technologies. For more information about him visit http://www.lawonline.biz/JohnMessing.htm
Employment Eligibility Verification
Purpose of Form:
All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9. Acceptable documents are listed on the back of the form, and detailed below under “Special Instructions.”
Where to File:
Do not file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS. Form I-9 must be kept 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 (e.g., ICE, Department of Labor).
Notice regarding expiration of control number on Form I-9, Employment Eligibility Verification: The Office of Management and Budget (OMB) control number on the current Form I-9 expired March 31, 2007. USCIS is working on issuing a Form I-9 with an updated control number. This expiration does not affect employers’ requirement to comply with employment eligibility verification responsibilities, and employers should continue to use this current version of the Form I-9 until an updated form is posted.
This version of Form I-9, Employment Eligibility Verification, is a fillable form. You should have the latest version of the free Adobe Reader to use the form.
Please note the following changes to the Form I-9 process:
Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version of the Form I-9, is an acceptable List A document #10. Form I-151 is no longer an acceptable List A document #5. However, Form I-551 remains an acceptable List A document #5.
The following documents have been removed from the list of acceptable identity and work authorization documents: Certificate of U.S. Citizenship (List A #2), Certificate of Naturalization (List A #3), Unexpired Reentry Permit (List A #8) and Unexpired Refugee Travel Document (List A #9). This page can be found at http://www.uscis.gov/i-9
For questions regarding Human Resources or employment regulations you may want to contact Jennifer McBennett of Seay Management Consultants at (407) 426.9484 or email firstname.lastname@example.org