When Is An I-9 Form Not Required To Be Completed?

You do not need to complete a Form I-9 if:

  • Hired on or before November 6, 1986 (or on or before November 27, 2007, if employment is in the Commonwealth of the Northern Mariana Islands [CNMI]) and continues in employment and has a reasonable expectation of employment times
  • Employed for occasional domestic work in a private home on a sporadic, irregular or intermittent basis an independent contractor
  • Employed by a contractor who provides contract services (such as employee leasing or temporary agencies) and provides you with labor
  • Do not physically work on US soil

Don’t have I-9 documentation?

An employee who fails to provide the required document, or a receipt for a replacement document (in the case of lost, stolen, or destroyed documents), within three business days of the date employment begins, may be terminated.

An employee who shows a replacement receipt has 90 days to present the replacement documents. If she needs to get a copy of her documentation, she can request it online.

Anti-discrimination clauses

The Immigration Reform and Control Act (IRCA) legislation that is responsible for I-9 also includes anti-discrimination clauses. Under IRCA, US citizens, permanent residents, and asylum seekers legally authorized to work in the United States cannot be denied employment or forcibly terminated on the basis of origin or citizenship.

Additionally, employers must accept any of the above documents for I-9 verification services as long as the documents are originals or certified copies. The IRCA is applicable to all employers with three or more workers.

Employer verification of I-9 information

Employers can verify an employee’s I-9 information online to avoid fines or penalties using the E-Verify system.

This is an online service provided by the federal government that compares information from an employee’s Form I-9 (Employment Eligibility Verification) with information from U.S. Department of Homeland Security and Social Security Administration records. ., To confirm employment eligibility.

The employee’s Social Security number is required to verify using E-Verify, and the system cannot be used to re-verify expired employment authorization.

I-9 Form Reverification Process

I-9 forms for US citizens are valid indefinitely unless a gap in employment of more than one year occurs. Foreign nationals on a work visa or students and exchange visitors must reverify their I-9 with each extension, or after their visa has expired, when a new employment authorization permit is issued.

The employer must keep the I-9 forms for three years after the employee’s start date or one year after their employment ends, whichever is later.

The information contained in this article should be taken as informational and is not legal advice, nor is it a substitute for such advice. The laws of countries change frequently, and the information in this article may not reflect the most recent changes to the law.

What is an I-9 form?

When employers hire new workers, they must verify the identity and work eligibility of each new employee.

An Employment Eligibility Form (I-9) is a form created by the United States Citizenship and Immigration Services (USCIS) section of the Department of Homeland Security (DHS) that must be completed for each employee hired in the US. And it is used to verify the identity of an employee and to determine if they are eligible to start working for the company. Make sure you are using the latest version of I-9.

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