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Form I-9, Employment Eligibility Verification, is the key element of E-Verify's web-based employment eligibility verification

 

E-Verify is a web-based system that allows employers and other participants to confirm the eligibility of their newly hired employees to work in their organization. Federal law requires that employers retain copies of I-9 forms for all employees. We provide efficient I-9 management and storage services for our clients, which meet the US employment and certification requirements.

Simplifying The I-9 Process

Peopletrail can make the I-9 process simple for your business. This is a post-hire activity that requires employer action.  However, Peopletrail has partnered with the Social Security Administration (SSA) and Department of Homeland Security (DHS) to provide access directly through your ATS, or our background screening portal.  First, you need to get candidates to complete Section 1 of the I-9 form at the time of recruitment. Once hired Section 2 of the I-9 is supposed to be completed by employers within three days of the employee being hired.

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I-9 Management

Employers must retain I-9 forms for three years after the date of hire or one year after the date of termination. Additionally, the law requires recruiters and referrers to retain I-9 forms for three years after the date of any hire. Failure to properly complete and retain the I-9 form subjects employers to civil penalties ranging from $100 to $1,100. This service allows you to store and verify electronic I-9 forms for employees, saving the hassle of storing and maintenance.

Employment eligibility verification

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.

Necessary documentation needs to be provided by the employee that verifies their eligibility for employment in the U.S and their identity. There are three different lists – A, B and C.

List A

Employees are required to provide one document that verifies both employment eligibility and identity

  • Unexpired Foreign Passport with the I-94 form attached or an I-551 stamp to indicate an unexpired employment authorization
  • Unexpired US Passport or Passport Card
  • Alien Registration Receipt Card or Permanent Resident Card (Green Card) with a photograph
  • Unexpired Temporary Resident Card
  • Unexpired Employment Authorization Document that includes a photograph issued by the Department of Homeland Security
  • Unexpired Employment Authorization Card

List B

Employees are required to provide one document to verify identity

  • US Armed Services identification card or Draft record
  • Federal or State ID Card (must contain identifying information such as name, address, gender, height, birthday and eye color or photograph)
  • School ID with a photograph
  • Driver’s License or ID Card (must contain identifying information or photograph)
  • US Coast Guard Merchant Mariner Card
  • Voter Registration Card
  • Driver’s License issued by a Canadian government authority
  • Native American Tribal document

Following documents can be provided for candidates under the age of 18:

  • Clinic, Doctor or Hospital Record
  • Day-Care of Nursery School Record
  • School Record or Report Card

List C

Employees are required to provide one document that verifies employment eligibility

  • Birth Certificate issued by the US State Department
  • US Social Security Card issued by the Social Security Administration
  • Certificate of Naturalization
  • Certificate of US Citizenship
  • US Citizen ID Card
  • Native American Tribal Document
  • Unexpired Employment Authorization Card issued by the Department of Homeland Security

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Understanding I-9 Anti-Discrimination

The Immigration Reform and Control Act has included anti-discrimination provisions along with the I-9 Form, which mandates that an individual legally allowed to work in the United States cannot be discriminated against on citizenship status or national origin while hiring or terminating.

The provision also requires standardized compliance of I-9 enforcement. This means all candidates are required to complete the I-9 before they can start working, regardless of the circumstances. These provisions are set in place by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

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Types of I-9 Discrimination

Peopletrail has a deep understanding of all I-9 rules and regulations. We can help you stay compliant and protect your business from accidentally discriminating against candidates, applicants, and/or employees. These are common types of I-9 discrimination.

National Origin Discrimination

Employers are not allowed to treat their employees differently per the Equal Employment Opportunity Commission (EEOC) based on their ancestry, birthplace, country of origin, and native language or accent.

Citizenship or Immigration Status Discrimination

Employers are not allowed to discriminate against applicants and/or employees on the basis of their citizenship or whether they are work-authorized individuals or not. This involves recent permanent residents, citizens, temporary residents, those with a work visa, and refugees.

Unfair Documentary Practices 

Employers cannot request unnecessary or additional documents from potential candidates, other than the ones deemed relevant when verifying their employment eligibility. In addition, employers are not allowed to request for additional documents or deny accepting reasonably genuine-looking documents for the purpose of discrimination.

Retaliation 

No employee should be discriminated against, simply because they filed a formal complaint with the OSC or cooperated with them on an investigation. They should not be discriminated against even if they contested unfair actions based on protected anti-discrimination provisions, such as their national origin.

Understanding the E-Verify Process

Every employer is required by the law to complete the I-9 Form for every one of their new hires. I-9 Form and E-Verify may be closely linked. However, it is not necessary for enrolled employers to use E-verify if they do not wish to do so.

The I-9 Form is required to be completed by the employee and employer upon recruitment. The information procured through the I-9 is supposed to be entered into E-Verify within three days of the employee starting work. If an employer fails to do this in three days, it is illegal for them to go back and perform this and change the hire date or backdate a form.  E-Verify is used for comparing the entered information against maintained government records for the purpose of verification. Many companies can be fined thousands of dollars when failing an audit.

Only those employees that get a positive match are eligible and authorized to work in the United States. The employer gets an alert when the information does not come back as a match. An employee gets 8 days to take care of any mismatched information and resolve disputes. They can continue working until the problem gets resolved.

Peopletrail can help lessen the workload on your HR department by taking care of your I-9 and E-Verify information. Peopletrail will work with you to instantly determine the eligibility and legal right of a candidate to work in the US. Avoid fines and penalties by allowing utilizing Peopletrail’s automated portal into the SSA, and DHS directly.  We’re here to assist you with the entire process and will gladly provide auditing service for past I-9’s and help you moving forward to keep everything in compliance.