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Cruiser's avatar

Have you ever filled out an I-9 Employment Eligibilty verification form?

Asked by Cruiser (40454points) May 12th, 2011

I am a “new” employer as I bought my company and one thing I found out is I am required to have on file an I-9 Employment Eligibility Verification form something this company never ever did. The old owner said he had no idea they were required.

Additionally it is very vague in what the form requires you to do to actually verify the information an employee fills out. So me thinking the Government has a special place at DHS or US immigration to assist me in verifying employee information ….not so…nada….zip…zilch. More vague references to immigration enforcement and vague political rhetoric. So I thought….there HAS to be somewhere that the Gov makes employers check information on employees.

What I finally found after hours of searching is this E-Verify but what I find really perplexing is it is only a “voluntary” program!!

After all the hubris and hullabaloo by our politicians about curbing illegal immigration, that something this simple that could stop illegal immigration in it’s tracks would be mandatory…with massive fines for not doing this simple check?? I would think we could flush out all the illegals in a week if every employer got serious about eligibility status!!!

What is wrong with this picture and what am I missing here??

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11 Answers

Adirondackwannabe's avatar

Welcome to the world of management and the government’s idea that we’ll make the employer responsible for policing our lives. I don’t have an I-9 in front of me, but you need the employee to provide you with one item from list A, or one item from list B AND one item from list C. You are responsible as employer to see the documents and verify the info. It’s best to make copies of the documents. Quite the beauracratic horseshit isn’t it. A drivers license and social security card make the grade if I recall.

tedd's avatar

I’ve filled one out for every job I’ve ever had. (even some jobs I never got)

tedd's avatar

@Adirondackwannabe Its a security check to make sure of a number of things (legal citizenship, actual identity, it helps with back ground checks, etc, etc). Its not really that much of a hassle.

Cruiser's avatar

@Adirondackwannabe I realize this and all those items are easily forged and my only responsibility as I understand it is too ask for those items, look at them and “assume” they are legit. Employment eligibility is then verified.

lucillelucillelucille's avatar

@Cruiser You realize nothin’! XD

Adirondackwannabe's avatar

Copies also help CYA.

Cruiser's avatar

@lucillelucillelucille There is one thing I do realize as an absolute and that is I would seriously KYA on a golf course!

bkcunningham's avatar

Remember when the US Justice Dept. sued Arizona “against immigration practices by Arizona authorities, saying… that a network of community colleges acted illegally in requiring noncitizens to provide their green cards before they could be hired for jobs.” This was the second suit by the US Justice Dept. against Arizona for immigration practices.

http://www.washingtonpost.com/wp-dyn...=moreheadlines

Here’s what I don’t understand. All U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States.

According to the US Citizenship and Immigrations Services: “This includes citizens and noncitizens. On the form, the employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form.”

Yet you are breaking the law asking for identification from non-citizens. Gimme a break.

Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)
Recruitment and Employment of Illegal Aliens

It is unlawful to hire any individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days’ advance notice, the forms must be made available for inspection.

So is a violation of federal law to hire an illegal AND also illegal to require verification of legal status.

Tropical_Willie's avatar

I worked for a USA company that was in Aerospace and Defense but run by an English holding company. They had an ” audit ” by the US Government asking for passports / birth certificates to be brought in three days later. 20 % of the employees never returned to work.
Ooops.
Get proof!

bkcunningham's avatar

My husband worked as a superintendent for a major general contractor. The company followed everything by the book and the letter of the law. No ifs, and or buts. Period. One day, my husband got a telephone call from the company attorney telling him that so-and-so employee was going to have his salary garnished for back child support in Kansas.

My husband knew the Hispanic craftsman and told the attorney that the man had never lived in Kansas. He was an Hispanic with the proper paperwork, as far as the law required my husband to know. It turns out, the guy was using someone’s Social Security number and ID.

When my husband talked to him about the situation, he said, “It’s okay Boss. I’ll give you another Social Security number tomorrow.” Yeah, it don’t work like that. Sorry.

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