In the process of completing Form I-9 for employment eligibility verification, it’s crucial to adhere to the guidelines set by the Immigration and Control Act of 1986 to avoid any discriminatory practices.
As an employer, you cannot specify which documents a new hire should present for this verification. Asking for specific documents, such as a driver’s license and Social Security card, directly violates these guidelines and can be perceived as discriminatory.
The correct approach is to provide new hires with the complete list of acceptable documents as outlined by the Form I-9 requirements. This list is divided into three categories: List A documents, which establish both identity and employment authorization; List B documents, which establish only identity; and List C documents, which establish only employment authorization.
The employee then has the option to choose which documents to present: one from List A or a combination of one from List B and one from List C. This practice ensures compliance with the law and fosters a non-discriminatory environment by allowing employees the freedom to present documentation they are comfortable and able to provide.
Test Your Knowledge
Which of the following statements is true?
A) A Social Security Card needs to be signed in order to be a valid document.
B) P.O. Boxes acceptable as addresses for Form I-9.
C) During an audit, it is discovered that the employer is missing a Form I-9 from an employer hired in October 1986, this is a serious violation.
D) Employees in the U.S. can use the Form I-9 Spanish version.
Explanation
Incorrect: A Social Security Card does not need to be signed to be valid for Form I-9 purposes. The requirement is that it must be an original and unaltered card, but a signature is not mandatory.
Incorrect: The requirement for employers to complete and retain Form I-9 began on November 6, 1986. Therefore, an employer would not be required to have a Form I-9 for an employee hired in October 1986, as this was before the mandate took effect.
Incorrect: The Spanish version of Form I-9 is provided for use only in Puerto Rico. In all other parts of the United States, the English version of the form must be used for verification purposes.
The correct answer is: B) P.O. Boxes are acceptable as addresses for Form I-9.
Employers must be diligently informed about the numerous regulatory changes that came into effect last year to ensure full compliance with the Immigration Reform and Control Act (IRCA). It’s essential to stay updated on these revisions to maintain adherence to legal standards and avoid any potential non-compliance issues.
To achieve expertise in completing Form I-9 in line with IRCA compliance, we highly recommend participating in our comprehensive 4-Hour New 2024 Updates for Form I-9 training. This session is designed to equip you with the latest knowledge and best practices for meticulous adherence to IRCA guidelines.
To review the certificate’s agenda and to register, please access the link below:
