According to U.S. Citizenship and Immigration Services (USCIS), “Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States.” Every single employer in the United States, regardless of industry, is required to have individuals complete Form I-9 prior to being hired. This includes employers and employees alike. It also includes citizens and noncitizens.
In this two-part series, a Jacksonville construction attorney from Cotney Construction Law will elaborate on the ins and outs of I-9 compliance to help contractors avoid violations. Keep in mind that penalties range from $110 to $16,000 per violation depending on the nature of the violation. With ICE raids ramping up again, it’s vital for employers to have taken all of the necessary measures to ensure that their workers have completed Form I-9. If you have questions about immigration law, your rights during ICE raids, or Form I-9, consult a Jacksonville construction attorney.
When filling out Form I-9, potential hires must attest that they are authorized to work in the United States. In order to do so, individuals must present the employer with valid documents indicating their identity and employment authorization. The employer is responsible for examining and verifying each individual’s employment documents. If these documents are deemed to be authentic and the information on Form I-9 is correct, the employer will retain Form I-9, which must be produced for inspections performed by authorized government officers.
There are three categories of acceptable documents on Form I-9, including:
- List A (Documents Establishing Identity AND Employment Authorization): U.S. Passport, U.S. Passport Card, Permanent Resident Card, Alien Registration Receipt Card (Form I-551), Foreign Passport with Temporary I-551 (Stamped or Printed), Employment Authorization Document with Photograph (Form I-766), Foreign Passport with Form I-94 or I-94A (Situational), or a Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or I-94A (Situational).
- List B (Documents Establishing Identity ONLY): Driver’s License or ID Card Issued by the United States, School ID with Photograph, Voter’s Registration Card, U.S. Military Card or Draft Record, Military Dependent’s ID Card, U.S. Coast Guard Merchant Mariner Card, Native American Tribal Document, Driver’s License Issued by a Canadian Government or Authority, School Record or Report Card (18 and Under), Clinic/Doctor/Hospital Record (18 and Under), or Day-Care/Nursery School Record (18 and Under).
- List C (Documents Establishing Employment Authorization ONLY): Social Security Account Number Card, Certification of Report of Birth Issued by the Department of State (Forms DS-1350, FS-545, and FS-240), Original Birth Certificate with Official Seal, Native American Tribal Document, U.S. Citizen ID Card (Form I-197), Identification Card for Use of Resident Citizen in the United States (Form I-179), or Employment Authorization Document Issued by the Department of Homeland Security.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.