Tag: Form I-9

Question: Do company owners need to fill out a Form I-9? Answer: The owner of a business will need to complete a Form I-9 to document the legal right to work in the United States if the owner is employed by the business and takes a salary or other form of compensation, including food and lodging. This…

By Willard Krasnow, Boston Office of Constangy, Brooks, Smith & Prophete, LLP 1.12.18 On Wednesday morning, officials from U.S. Immigration and Customs Enforcement inspected nearly 100 7-Eleven stores across the country, and arrested 21 employees for being illegally present in the United States. This is believed to be the Trump Administration’s largest immigration enforcement operation against an…

Question: To be in compliance with I-9 requirements, does an employer have to reverify an employee’s driver’s license once it has expired? Answer: No. According to the U.S. Citizenship and Immigration Services (USCIS), employers should not reverify: U.S. citizens. Lawful permanent residents who presented a Permanent Resident Card (Form I-551) for Section 2. List B…

Question: If an internal I-9 audit uncovers that Section 2 was not completed but copies of verification documents are attached to the I-9, can the employer now complete Section 2 based on the attached document copies? Answer: The purpose of the I-9’s Section 2 is for the employer’s representative to validate that he or she…

Question: Are employers required to have rehires complete the hiring forms again? Answer: There are several forms that must be completed every time an employee is hired or rehired: Form I-9 verification of eligibility for employment**. Forms W-4 for federal tax and DE-4 for state taxes. Benefit enrollment forms. As for company policies, it is…

Question: What is an employer’s legal obligation when a new hire has not provided documents to complete the Form I-9 by the 3rd business day? Answer: The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to knowingly hire or to continue to employ an individual who is or may become an…

Question: Do expatriates need to complete I-9 forms if they are on the payroll of a foreign subsidiary and only in the United States for short projects? Answer: As long as the expatriate/foreign national is working in the US for pay, then s/he must have the documentation establishing the right to work in the US verified.  Federal…

Question: Should an employer re-verify an employee who has renewed his/her employment permit? Answer: The quick answer to your question is no. According to the E-Verify Customer Guide and the Quick Reference Guide from I-9 Central, E-Verify should not be used to re-verify employees who have temporary work authorization. Instead, you can use Section 3…

Question: What is E-Verify, and if my state does not require employers to use it, should we? Answer:  E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, to determine the eligibility of that employee to work in the United States. While participation in E-Verify is voluntary for most businesses,…

Question: In the process of auditing I-9s, we have found a few anomalies and want a second opinion as to how to handle them:  What should we do when the employee was hired after November 6, 1986 but we cannot find a record of an I-9 on file?  Should we complete a new one?  What…