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US Immigration FAQs
Employer Compliance
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| It is the responsibility of every US employer to understand Form I-9 Compliance. Are you aware of the penalties for non-compliance? |
What is Form I-9 Compliance?
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The Immigration Reform and Control Act made all U.S. employers responsible to verify the employment eligibility and identity of all employees hired to work in the United States after November 6, 1986. To implement the law, employers are required to complete Employment Eligibility Verification forms (Form I-9) for all employees, including U.S. citizens.
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What is an employer's responsibility regarding Form I-9?
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- The employer is responsible to ensure completion of the entire form.
- The employer must complete section 2 of the Form I-9 no later than close of business on the employee’s third day of employment services.
- The employer must review documentation presented by the employee and record document information on the form. Proper documentation establishes both that the employee is authorized to work in the U.S. and that the employee who presents the employment authorization document is the person to whom it was issued.
- I-9 forms are not filed with the U.S. government, however, employer’s are required to maintain I-9 records on file for three years after the date of hire, or one year after the date of employee's termination, whichever is later.
- Employers are not required to be document experts. In reviewing the genuineness of the documents presented by employees, employers will not be held responsible if the document untimely proves to be fraudulent so long as the document reasonably appeared to be genuine or to relate to the person presenting it.
- If an employer learns that an employee, whose documentation appeared to be in order for Form I-9 purposes, is not actually authorized to work the employer should question the employee and provide another opportunity for review of proper Form I-9 documentation. If the employee is unable to provide satisfactory documentation employment should be terminated.
- Knowingly hiring or continuing to employ unauthorized aliens is a serious violation that subjects the employer to civil, and where there is a pattern of such violations, criminal penalties.
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Employers – Are you aware that aliens who work for you have rights?
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The law protects certain individuals from unfair immigration-related employment practices of a U.S. employer, including refusal to employ based on a future expiration date of a current employment authorization document.
In addition, an employer cannot and should not attempt to verify an “A” (Alien) number with the U.S. Citizenship & Immigration Services.
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Employers - Not all Social Security Cards are equal. Protect yourself by knowing the difference.
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- The Social Security Administration (SSA) currently issues SSA numbers and cards to aliens only if the alien can present documentation of current employment authorization in the U.S.
- Aliens such as lawful permanent residents, refugees, and asylees are issued unrestricted SSA cards that are undistinguishable from those issued to U.S. citizens.
- SSA “Valid only with INS (or DHS) Authorization” card – is issued to aliens who present proof of temporary work authorization; these cards do not satisfy the Form I-9 requirements. Employers must continue to ensure work authorization is updated and valid.
- SSA “Not Valid for Employment” card – is issued to aliens who have a valid non-work reason for needing a social security number (e.g., federal benefits, State public assistance benefits), but are not authorized to work in the U.S.
- Internal Revenue Service (IRS) Individual Taxpayer Identification Number (ITINs) – is issued to aliens dealing with tax issues (e.g., reporting unearned income such as savings account interest, investment income, royalties, scholarships, etc.).
- An Individual Taxpayer Identification Number card (Tax ID number) is NOT employment eligibility verification.
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I just received a Social Security “No Match” letter for one of my employees. What does this mean for my business?
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The Social Security Administration notifies employers in writing when a social security number provided by employee does not match any valid social security numbers in their system (SA No Match letter). In such a case the employer should question the employee and provide another opportunity for review Form I-9. If employee is unable to provide satisfactory documentation, employment should be discontinued.
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| Law Offices Jon Jessen LLC advises many US employers on their responsibilites regarding immigration employer compliance. In addition, we can work with you to initiate the process for sponsoring a prospective employee for your business |
Schedule your consultation today. Call 1-203-348-3262 or schedule online |
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