Join 1000s of Professionals
FREE MEMBERSHIP

HR Education & Training
Access to Forms & Tools
HR Articles & White Papers
HR News, Jobs, Blogs & More

I-9 Forms

Employers are required to complete the Form I-9, Employment Eligibility Verification, for all employees within three working days of the date of hire. An offer of employment does not constitute a "hire" and does not require employment verification before the commencement of employment. Verification may be completed either at the time of an individual's acceptance of an offer of employment or at the time employment actually begins.

Employers have a duty to investigate further if there is constructive or actual knowledge of the employee's lack of work authorization. Actual knowledge is, for example, when the United States Citizenship and Immigration Services (USCIS) notifies the employee that the alien number presented by the employee does not match the USCIS database for some reason or when the employee makes statements to the employer that contradict the information provided on the Form I-9.

Constructive knowledge is more difficult to define. If the employee presents an unrestricted Social Security card, this document must be accepted as a List C document (i.e., documents establishing employment eligibility). However, if the employee is also sponsoring the employee for H-1B status or for permanent residency, this may be construed as constructive knowledge.

Get access to all I-9 material. Click here to become a member: www.hrresource.com/account.php

Related Products