According to the Immigration Control and Reform Act 1986 (IRCA), every US employee hired after November 6, 1986 need to complete the Form I-9, Employment Eligibility Verification for citizen and non-citizen alike. This form is used to verify the identity and employment eligibility of the person concerned. This law also states that this is the responsibility of the employer to see that the I-9 form is completed within 3 business days after the employee is hired and after he resumes work from the first day of his/her employment.
Failure to do so is considered a federal crime and employer might have to face penalty charges and imprisonment under the circumstances cited in law. Therefore, it is better for the employer to have a consistent policy in place regarding when they provide the form to the employee and the manner in which they should be completed.
Usually the I-9 form is available online through US Citizenship and Immigration Services. On the back of the form there is a list of documents that needs to be submitted along with the form that the newly hired must submit for verifying and identifying whether he/she is liable to work in United States or not.
Often people have misconception about this form and I-9 form in no way is used to determine the citizenship of the country. Under the I-9 Compliance procedure, employers are authorized to terminate the employees who fail to produce the documents or receipt of the replacement documents within three business days after the employment begins.
Procedure of I-9 Compliance is similar to all the employees who are citizens as well non-citizens on the United States. Under the I-9 Compliance employer has sole authority to verify both identity and authorization to work in the United States.
At the back of the form documented listed in the “List A” helps to establish the identity and authorization to work in US. “List B” is acceptable to establish only the identity of the concerned person and “List C” is helpful only to establish the Employment eligibility of the person to work in US.
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