Form I-9 Employment Eligibility

The Department of Homeland Security (DHS) is saddled with the responsibility of ensuring that employers employ only individuals with a legal work permit. Hence, employers were made to go through some processes including the mandatory keeping of paper forms – Verification Forms – prior to being allowed to employ workers who are non-citizens. However, complains by most employers on the stress involved in having to store Verification Forms (also known as Form I-9) when such forms could easily be automated have made the DHS to think through an electronic medium of signing and storing these forms. Thus, the U.S. Immigration and Customs Enforcement body (ICE) has come up with some guidelines on the use of electronic Employment Verification Forms. Here is some information that will help your search for more information on employment eligibility.

In reference to section 274A of the Immigration and Nationality Act and implementing regulations, all employers in the United States must confirm the identity and employment eligibility of both citizens and non-citizens engaged to work as employees within the country with effect from 6th of November, 1986. The confirmation of such eligibility will be on the Form I-9. It should be noted that the employers being referred to here encapsulates agricultural associations as well as those who hire individuals in exchange for a fee. This law promulgated by the DHS is in furtherance of its objective of guaranteeing national security. Upon completion of these forms, employers are expected to keep the forms in their custodies, and presented for inspection when the Department of Homeland Services (DHS), the Department of Labor (DOL) or the Immigration-Related Unfair Employment Practices (OSC) come calling.

Employers are to keep the form in their records for a period of 3 years after the date of hire or 1 year after the termination of the employees’ employment, whichever comes late. Employers are also to note that absolute care needs to be taken while completing the From I-9 because failure to appropriately fill and keep the form results in civil penalties as wrongdoers are charged between $110 and $1,100. October 30, 2004, saw the President signing legislation into law availing an option of retaining Forms I-9 in electronic format, in addition to the existing paper, microfilm and microfiche methods. The legislation introduced the appearance of electronic signatures on the Form I-9, which included a range of options on whether to complete the form on paper & retain electronically or otherwise.