Immigration Consultant

Form I-9 and Employment Eligibility Verification by a California Immigration Consultant

Purpose of I-9 Form and Why it's Needed

The purpose of Form I-9 is to verify the identity and employment authorization of individuals hired for employment in the United States. It is mandatory for all U.S. employers to properly complete Form I-9 for each individual they hire, regardless of their citizenship status.

Understanding Form I-9 and Employment Eligibility Verification

Form I-9 is an essential document used by employers in the United States to verify the identity and employment authorization of individuals hired for employment. It is a requirement for all U.S. employers to properly complete Form I-9 for each individual they hire, regardless of their citizenship status. Both employees and employers (or authorized representatives) are responsible for completing the form accurately.

What is Form I-9?

Form I-9 serves as proof that the employee is legally authorized to work in the United States. It consists of three sections:

Section 1: Employee Information and Attestation

In this section, the employee must provide their personal information, including their full name, address, date of birth, and Social Security number (if applicable). They must also attest to their employment authorization status.

Section 2: Employer or Authorized Representative Review and Verification

In Section 2, the employer or an authorized representative must review and verify the employee's identity and employment authorization. The employee must present acceptable documents as evidence of their identity and work eligibility.

Section 3: Reverification and Rehires (if applicable)

Section 3 is only necessary in specific situations, such as when an employee's work authorization has expired and needs to be reverified or when an employee is rehired within three years of the original hire date.

Authorized Representatives-Immigration Consultant for Form I-9

One lesser-known provision of Form I-9 rules is that employers can designate an authorized representative to complete Section 2 of the form on their behalf. This means that the employer can authorize anyone, except the new hire, to review the I-9 form and identification documents, describe the documents on the form, and complete the Section 2 Certification.

According to the Form I-9 instructions, an authorized representative can be any person designated by the employer to complete and sign Form I-9 on their behalf. This person can be an employee within the company, such as a personnel officer, foreman, or project manager. However, it is important to note that the employer remains liable for any violations committed by the authorized representative during the verification process.

Responsibilities of Employers

Employers have several responsibilities when it comes to Form I-9 and employment eligibility verification. These responsibilities include:

1. Having a completed Form I-9 on file for each employee on their payroll who is required to complete the form.

2. Retaining and storing Forms I-9 for a designated period, which is three years after the date of hire or one year after employment is terminated, whichever is later.

3. Making the forms available for inspection by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

It is crucial for employers to ensure that they have a signed and completed Form I-9 for every employee, as failure to comply with these requirements can result in penalties and legal consequences.

The Role of Authorized Representatives-Immigration Consultant in California

Authorized representatives-Immigration Consultant play a significant role in the completion of Form I-9. They are responsible for reviewing the employee's identification documents, verifying their authenticity, and accurately recording the document information on the form.

While there are no specific qualifications or licensing required for an authorized representative, it is advisable for employers to select individuals who are familiar with Form I-9 rules or provide them with proper training and guidance. This helps minimize errors or omissions and ensures that the form is completed accurately and in compliance with the law.

Where to Get Form I-9 Notarized in California

Form I-9 does not typically require notarization. The employer or authorized representative is responsible for completing and signing the form, and notarization is not a mandatory requirement. However, employers may choose to have another form attached to the I-9 Form and have that other form notarized for additional verification or documentation purposes. It is essential to consult with legal professionals, attorneys, or immigration experts to determine whether notarization is necessary for specific circumstances.

Restrictions for California Notaries- Notary Public

California Secretary of State's Notary Public & Special Filings Section clarified that California Notaries who are not qualified and bonded as immigration consultants under the Business and Professions Code Sections 22440-22449 may not complete or make the certification on Form I-9, even in a non-notarial capacity. The California Secretary of State's office considers Form I-9 to be an immigration form, and any California Notary who is not an immigration consultant violates Government Code Section 8223(c). This information is retrieved from the following site: I-9 Forms: What Notaries need to know

Understanding the Role and Difference between an Immigration Consultant and Immigration Attorney/Immigration Lawyer in California

In California, Immigration Consultants are NOT Immigration Attorneys or Immigration Lawyers. Immigration consultants are regulated by the California Business and Professions Code Section 22440-22449, which strictly limits their role to non-legal assistance, such as helping clients complete immigration forms, translating documents, and submitting paperwork.

They are prohibited from offering legal advice or representing clients in any immigration proceedings. Immigration consultants must also post a bond and provide clients with a written contract in their native language to ensure transparency and protect consumers from fraud.

On the other hand, Immigration Attorneys, regulated by the California State Bar Rules, are fully licensed professionals authorized to provide legal counsel and representation across a wide range of immigration matters. These matters include family-based petitions, business and employment visas (such as H-1B, L-1, and EB-5), deportation defense, asylum applications, DACA (Deferred Action for Childhood Arrivals) renewals, Temporary Protected Status (TPS), adjustment of status for green cards, citizenship applications, appeals to the Board of Immigration Appeals, and litigation in federal courts.

Attorneys are bound by the California State Bar's ethical rules, which require them to maintain confidentiality, avoid conflicts of interest, and ensure competent representation in complex immigration cases. Unlike immigration consultants, attorneys can represent clients in court, provide comprehensive legal advice, and handle cases with significant legal intricacies.

Conclusion

Form I-9 and employment eligibility verification are crucial processes that employers must undertake when hiring individuals for employment in the United States. By completing Form I-9 accurately and retaining the forms as required, employers ensure compliance with immigration laws and maintain a legal workforce. Designating authorized representatives to assist with the verification process