What is Employment Verification?

( I9 Form : Form I-9) Employers have a duty to verify whether any employee who is hired after November 6, 1986 is eligible to work and sanctions employers who hire, recruit or refer for a fee a foreign national who is not authorized to work in the U.S. Employers include both people and companies. Hiring includes both contract and subcontracted work if the employer knew that the individual was not authorized to work in the U.S. but it does not include casual hires, volunteers (those who work without any expectation of compensation), or individual contractors. For an individual contractor to qualify for, he or she would have to meet the independent contractor requirements contained in the federal regulations. These requirements are identical to those set forth by the Internal Revenue Code.

How do you verify employment?

Employers verify employment by completing Employment Eligibility Verification Form I-9 (I9 Form) either using its I-9 or electronic format and following all the steps outlined in the form instructions. Paper I-9s can be obtained by ordering them from the Superintendent of Documents, Washington, DC 20402. Fillable electronic I-9s can be downloaded free of charge at I9 Form: Form I-9 - http://www.uscis.gov. Federal regulations allow electronic I-9s to be retained provided the form is legible there is no change to the name, content, or sequence of the data elements and instructions; no additional data elements or language are inserted and meets other pertinent regulatory requirements set forth by statute.

What is the difference between permanent and temporary workers?

US citizens and person with a green card are permanent workers authorized by law to work. Most temporary workers such as H-1Bs, H-2Bs, H-3s, Es, J, Q, L, O, TN, R are authorized to work incident to status and they must file a petition with USCIS or at the Embassy or Consulate to obtain this status. Other workers are allowed to obtain an employment authorization document by applying with USCIS.

How does the person I want to hire obtain permission to work?

Since a foreign national's immigration status dictates whether they are allowed to work entering the U.S. legally and being admitted, for example in B-2 status, still does not allow the foreign national to work because foreign nationals in B-2 tourist visa are ineligible to work. Stated differently, the law allows a B-2 tourist to spend money but not to make money. To be eligible to work the foreign national would have be petitioned by the employer and approved to work incident to status such as an E visa. Once the foreign national enters the U.S. in E status or a change of status from B-2 to E is approved by USCIS, the employer can hire the foreign national and complete all the steps contained in the employment verification form I-9. Alternatively, if the person qualifies, he or she may be eligible to apply for an employment authorization document in conjunction with an immigration case that allows the person to work, such as TPS. If a foreign national is in the U.S. illegally, and he or she does not qualify for any immigration status under existing immigration laws, he or she is not eligible to work legally in the U.S. It is both a waste of time and resources to send the money order and the form without first determining if the potential hire would qualify under existing immigration laws because U.S. Citizenship and Immigration Services will ultimately deny the application if they are not eligible.

Employers should be cautioned that different rules apply in the employment verification context for extensions of status and/or renewals of employment authorization documents. 

How can we help you?

We can determine whether an individual qualifies for employment authorization under existing immigration regulations either through employment or individually, prepare all the necessary documentation and represent them before USCIS and other pertinent federal agency. We also assist employers to avoid employer sanctions by conducting Form I-9 "mock audits" to ensure current compliance with employment verification requirements, develop company procedures for proper compliance, provide training through seminars in English and in Spanish for those are in charge of completing the I-9 Form (I9 Form: Form I-9 - http://www.uscis.gov).