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I9 and E-Verify for Smart Documenting

Because simple and painless is the way to go.

No-Hassle Form I9 Management

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Form I-9 verification 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, citizen or non-citizen.

How healthy is your I9 process?

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Organized stack of papers on desk. Form I9 documentation and E-Verify service concept.

Let Us Help

Peopletrail can make the Form I-9 process simple for your business. While this is a post-hire activity that requires employer action, 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 where forms can be stored and managed.

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).

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.
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 additional documents or deny accepting reasonably genuine-looking documents for the purpose of discrimination.
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.
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.

General Form I9 Process

What to expect

  1. Employee accepts offer for employment.
  2. Employee completes section 1 of the form no later than the first day of work or pay.
  3. Employee gives documents and form to employer.
  4. Employer completes section 2 of the form no later than the third business day employee starts work for pay.
  5. If employee’s work authorization expires, section 3 will need to be completed.
  6. Employers are expected to maintain documentation for up to three years. For this reason, many employers elect to utilize form I9 management services.
form i9

Following Guidelines

Employers must retain employee I-9 forms for three years after the date of hire or one year after the date of termination. Failure to properly complete and retain the I-9 form subjects employers to civil penalties ranging from $100 to $1,100. A reliable I9 management service allows you to store and verify electronic I-9 forms for employees, saving the hassle of storage and maintenance.

What Is E-Verification?

E-Verify is a U.S. Government web-based system that allows employers and other participants to verify the federal I-9 form of their newly hired employees.

While not often required, many employers use E-Verification services as a second source of new-hire authentication.