Employment Eligibility Verification
Employment eligibility refers to an individual's legal right to work in the United States. As an employer, you are legally required to verify the identity and employment authorization of all new hires. This is a mandatory process for all employers in the United States and is used to prevent the hiring of unauthorized workers.
How To Verify Employment Eligibility
- Fill out Form I-9 - The new hire and employer must complete the Form I-9, Employment Eligibility Verification. The new hire fills out Section 1, and the employer fills out Section 2.
- Provide documents - The new hire must present original, unexpired documents that prove their identity and work authorization. If a new hire cannot provide the necessary I-9 documents within 3 days of their start date, the employer should terminate the employee for failing to provide the required documents.
What Documents Are Acceptable?
- List A documents - these documents establish both identity and work authorization. New hires can provide one selection from the following list:
- US Passport or US Passport Card
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
- Employment authorization document that contains a photograph (Form I-766)
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
- For an individual temporarily authorized to work for a specific employer because of his or her status or parole : foreign passport and Form I-94 or Form I-94A that has the same name as the passport and an endorsement of the individual's status or parole as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form
- List B documents - these documents only establish identity. New hires should provide one selection from the following list below along with one selection from List C.
- Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color and address
- ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, sex, height, eye color and address
- School ID card with a photograph
- Voter's registration card
- US Military card or draft record
- Military dependent's ID card
- US Coast Guard Merchant Mariner card
- Native American tribal document
- Driver's license issued by a Canadian government authority
- For persons under age 18 who are unable to present the above documents can also provide one of the following:
- school record or report card
- clinic, doctor or hospital record
- daycare or nursery school record
- List C documents - these documents only establish work authorization. New hires should provide one selection from the following list below along with one selection from List B.
- Social Security card unless the card includes one of the following restrictions:
- Not Valid For Employment
- Valid For Work Only With INS Authorization
- Valid For Work Only With DHS Authorization
- Certification of report of birth issued by the Department of State (Forms DS-1350, FS-545, FS-240)
- Original or certified copy of birth certificate issued by a state, county, municipal authority or territory of the United States bearing an official seal
- Native American tribal document
- US Citizen ID card (Form I-197)
- Identification card for Use of Resident Citizen in the United States (Form I-179)
- Employment authorization document issued by the Department of Homeland Security
Employer's Role
An employer must physically examine the documents provided by employee to ensure they reasonably appear genuine and belong to the employee and then record the information on the I-9 form. Employers can use the E-Verify system to electronically confirm the employment eligibility. Please note: E-Verify doesn't replace the legal requirement to complete and retain Form I-9.
ITIN Number
An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the IRS for individuals who are required to file a US tax return but are not eligible for a Social Security Number (SSN).
An ITIN is a nine-digit number that will always begin with the number 9 and is formatted similarly to an SSN. For example, 9xx-xx-xxxx.
Please note: an ITIN number cannot be used in place of an SSN and does not qualify as documentation showing a new hire is authorized to work in the US.
Failure to Comply
Employers who fail to properly complete Form I-9 can face civil penalties and can even face criminal charges for severe or ongoing noncompliance.
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