Form I-9 and Employment Eligibility Verification by a California Registered and Bonded 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:
What are the accepted forms of identification for completing an I-9 Form?
To complete an I-9 Form, you'll need to present specific forms of identification that verify both your identity and employment eligibility. Here's a breakdown of acceptable options:
Primary Forms of ID:
- State-Issued Identification Cards: These include driver's licenses and state identification cards, which typically feature your photo, full name, and address.
- U.S. Passport: A passport verifies both identity and employment eligibility, making it a comprehensive choice.
- Permanent Resident Card or Alien Registration Receipt Card: Often referred to as a Green Card, this document verifies resident status and work eligibility.
Secondary Forms of ID:
If you're unable to provide a primary form of ID, you can present a combination of documents:
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List A Documents (Establish both identity and employment eligibility):
- Foreign Passport with Form I-94 or Form I-94A
- Employment Authorization Document that contains a photograph (Form I-766)
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List B Documents (Establish identity):
- Voter Registration Card
- U.S. Military Card or Draft Record
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List C Documents (Establish employment eligibility):
- Social Security Card (unrestricted)
- Birth Certificate issued by a state, county, or municipal authority
Requirements:
Remember, presenting a combination of documents from List B and List C is only valid if documents from List A are not provided. Always ensure your documents are current and not expired, as this is crucial for acceptance.
Understanding these requirements helps ensure a smooth process when completing your I-9 Form.
What is the cost of an attachment of acknowledgment to an I-9 Form Notarization Service?
The base price for getting an acknowledgment attachment to the I-9 Form notarized starts at $15. This includes the notarization of a single document with one notary certificate.
If you require additional notarizations on different pages, each extra certificate will incur an additional fee of $15.
This straightforward pricing ensures you know exactly what to expect for each notarization, making it easy to plan your documentation needs.
Please note that there is a separate fee for verifying the I-9 form. This fee is not regulated and can range from $65 to $150 for walk-in clients. For mobile services, the price can range from $300 and up, depending on the travel distance and the time of day.
How to Fill Out the I-9 Form: A Step-by-Step Guide
Filling out the I-9 form is a crucial part of the employment verification process in the United States. Follow these clear steps to ensure that your form is completed accurately and efficiently.
Step 1: Complete Section 1
Begin by carefully filling out Section 1, which includes your personal information such as your name, address, and Social Security Number. It's important to pay close attention to detail here. If you have any doubts or questions, consulting the instructions on the U.S. Citizenship and Immigration Services (USCIS) website can be very helpful.
Step 2: Select Your Documentation
Next, you'll need to choose the documents that prove your eligibility to work. Refer to the list of acceptable documents provided by the USCIS. Depending on your situation, you might either select one document from List A or a combination of one from List B and one from List C.
- List A includes documents such as a passport or a permanent resident card.
- List B typically involves an ID card like a driver's license.
- List C could be a Social Security card or a birth certificate.
Make sure to have these documents ready for the verification process.
Step 3: Sign and Date in the Presence of a Notary/Immigration Consultant
You will need to sign and date your form in the presence of a notary or authorized representative/Immigration Consultant, which may happen during an online session if allowed by the regulatory agency if applicable. This ensures that your information is verified correctly. Remember, do not sign the form until you are in their presence.
Step 4: Notary – Immigration Consultant Verification
Once your documents are verified, the notary/Immigration Consultant will complete their portion of the form, specifically in Sections 2 and 3. They will validate your documents and confirm your identity as part of this process. Notary Publics Cannot verify the I-9 form in California; they must be an Immigration Consultant or Licensed Attorney.
Step 5: Submit to Employer
Finally, after everything is filled out and verified, download the completed form. Send a copy of the I-9 form to your employer, ensuring that they receive it within the required timeframe.
By following these steps carefully, you can efficiently complete your I-9 form and move forward in your employment process.
What Options Do Employers Have for Reverification?
Employers can choose to either use the original Form I-9, provided it remains compliant, or complete a new Form I-9 for re-verification purposes.
What Happens If an Employee is Rehired?
If an employee is rehired within three years of the original I-9 completion and their work authorization has expired, the employer must reverify their work authorization.
What Documents Require Reverification?
Documents that may need re-verification include Employment Authorization Documents and certain Form I-94s that indicate temporary work status, as these have expiration dates.
When Should Reverification Occur?
Reverification must be completed before the expiration of the employee's current work authorization documents to ensure continued compliance.
Who Needs Reverification?
Employees with temporary work authorization, such as those holding Temporary Protected Status, certain nonimmigrant visas like H-1B and L-1, or those with Employment Authorization Documents that have expiration dates, require re-verification.
How does using a notary impact compliance and security?
Employing a notary ensures adherence to federal regulations, offering employers enhanced security and peace of mind through a more structured and professional verification process. NOTE: In California, notaries are not allowed to verify I-9 Form.
Why is a notary considered a preferred choice over untrained individuals?
Because notaries are officially certified and have specialized knowledge, they provide a professional service that is more reliable than what untrained individuals might offer. NOTE: In California, notaries are not allowed to verify I-9 Form.
What are the benefits of using notaries for I-9 verification?
Notaries bring their government certification and expertise in identity verification and document authentication, which helps minimize errors and fraud during the I-9 verification process. NOTE: In California, notaries are not allowed to verify I-9 Form.
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
Can an Immigration Attorney verify my I-9 Form for my employer in California?
Yes, In California, employers often seek the expertise of an immigration attorney to verify I-9 forms, ensuring compliance with federal immigration laws. The I-9 verification process is a critical step for employers to confirm the eligibility of employees to work legally in the United States. An immigration attorney has the specialized knowledge necessary to navigate the complexities of the I-9 verification process, which includes reviewing original documents presented by employees, detecting fraudulent documents, and ensuring all sections of the I-9 form are accurately completed. By leveraging the services of a California-based immigration attorney, employers can mitigate the risks of costly fines, audits, and penalties associated with non-compliance while staying up to date with changing immigration laws and regulations.
I-9 verification by an immigration attorney offers additional benefits beyond ensuring compliance. Given their expertise, immigration attorneys can provide invaluable guidance on immigration-related issues that may arise during the hiring process, such as resolving discrepancies or advising on lawful employment eligibility documentation. California employers turn to immigration attorneys not only to verify I-9 forms but also for comprehensive legal strategies tailored to their unique workforce needs. This expert verification by an immigration attorney minimizes legal risks, offers peace of mind to employers, and establishes a strong foundation for a compliant and lawful workforce.
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
THIS ARTICLE IS FOR INFORMATION PURPOSES ONLY AND CAN NOT BE TREATED AS LEGAL ADVICE- CONSULT AN ATTORNEY FOR LEGAL QUESTIONS OR MATTERS- WE ARE NOT ATTORNEYS AND CANNOT GIVE LEGAL ADVICE
