Everything You Need to Know About I-9 Verification

Two announcements have been made recently, mentioning how the I-9 verification will be extended until September 19^th. This extension has been decided upon because there is a delay in the production of Employment Authorization Document Cards by USCIS. So, if you want to know what the I-9 verification flexibility involves, you have come to the right place. Check out the paragraphs below to find the information you need.

What Is Form I-9?

Form I-9 is a United States Citizenship and Immigration Services form that is known as the Employment Eligibility Verification. The document helps check the identity and legal authorization to work of every employee in the United States who gets paid.

The form has to be fully and properly completed by every employer of the United States, as well as for each employee they have. This applies whether the employee is a citizen or a noncitizen. Additionally, the form doesn’t have to be completed only by the employer – the employee will have to complete it as well.

When an employee completes this form, he/she will have to attest to the employment authorization that he/she owns. Furthermore, it is the employee’s responsibility to provide the employer with the necessary documentation that proves his/her identity and employment authorization.

What Is I-9 Verification?

An I-9 verification is something that all employers in the U.S. will have to complete. The form is used to verify the identity of the employee, as well as the work authorization. The entire goal of this process is to make sure there are no undocumented or illegal workers getting jobs.

As such, one of the requirements of the I-9 form is that the employer checks multiple documents that are evidence of the work authorization, visa status, and identity of the employee.

On the I-9 form, they will be called as List A, List B, and List C. So, the employer will have to check for all documents listed in each column. List A requires documents that prove both your employment authorization and identity. For list A, the employer needs to check:

• A foreign passport with a temporary I-551 stamp or a temporary I-551 printed notation when it comes to an immigrant visa that can be read on a machine
• U.S. Passport/U.S. Passport Car
• A passport from the Republic of the Marshall Islands or the Federated States of Micronesia together with Form I-94 or Form I-94A. These will show the nonimmigrant admission under the Compact of Free Association Between the U.S. and the RMI or FSN
• Form I-94 or I-94A with the same name as the passport and a valid endorsement of the nonimmigrant status of the alien, as well as a foreign passport for nonimmigrant aliens authorized to work for a certain employer due to his/her status
• Permanent Resident Card or Alien Registration Receipt Card

Then, for list B, there are various documents that establish the employee’s identity. For this section, the employer will need:

• A school ID card with a photograph
• A driver’s license or ID card issued by the U.S.
• Voter’s registration card
• An ID card that was issued by state, federal or local government entities or agencies, as long as it has personal information and contains a photograph
• Native American tribal document
• U.S. Military card or draft record
• U.S. Coast Guard Merchant Mariner Card
• Driver’s license that was issued by a Canadian government authority
• Military dependent’s ID card

If the person is under 18 years old and is not able to obtain one of the documents from above, they can bring a clinic, doctor or hospital record, a school record or report card, or a day-care or nursery school record.

Lastly, for List C, the worker will have to bring:

• A Native American tribal document
• Certification of report birth that was given by the Department of State
• A Social Security Account Number card, as long as the card doesn’t say that the employee is only valid for work with INS or DHS authorization, or that he/she is not valid for employment
• U.S. Citizen ID card
• An employment authorization document that was issued by the Department of Homeland Security
• The worker’s identification card for the use of resident citizens in the U.S.
• An original or certified copy of the birth certificate that was issued by a municipal authority, county, state, or territory of the United States. It must have an official seal.

Who Needs I-9 Verification?

All employers of the United States need to perform an I-9 verification for each person they grant the job to. Moreover, every employee has to go through the verification process and provide proper documentation to prove they can work legally in the U.S.

Physical Presence During COVID-19

In order to complete the I-9 form, there are physical presence requirements as per Section 274A of INA. Employees are generally required to fill out Section 1 of the document and then sign it. Then, the employer will check out the documents and complete the 2^nd section. This takes place in the first 3 days since the start of the job.

However, at the moment, the COVID-19 pandemic prevents the physical presence requirement to be fulfilled, due to the social distancing measures. Most of the employees have to work remotely. This is why, on March 20^th, the DHS announced flexibility for I-9 compliance. As such, employers didn’t have to check the documents physically with the employee there anymore.

USCIS came up with the idea of the I-9 verification being done remotely, and they even offered guidance to say “COVID-19” in the I-9 form as a reason. So, the employees would have to verify the documents within 3 days after they go back to the physical workplace.

Although the initial guidance was offered for 60 days, the I-9 compliance has been extended until September 19^th, 2020. This is crucial considering the pandemic is still affecting the U.S. – so, it’s a way to keep everyone safe. The compliance flexibility applies to everyone who files form I-9.

EAD and I-9 Compliance

Because of COVID-19, the EAD production got delayed and it caused many people to lose jobs.

But USCIS said that employees will be able to use the I-797 Approval Notice which is related to their I-765 EAD application for the I-9 verification and compliance process. This is only available for EAD approval notice and those who have gotten their Notice Date between December 1, 2019, and August 20, 2020. The flexibility period lasts until December 1, 2020.

Bear in mind that you can find the Notice Date on the top of the EA approval notice for Form I-765. What you need to see is “I-797, Notice of Action” at the top. Moreover, USCIS advises all people to submit the EAD card as soon as they receive it from USCIS by December 1^st of this year.

Conclusion

If you were about to go through an I-9 verification, then you should be aware that the flexibility period has been extended, all because of COVID-19. It’s important to make sure that everyone stays safe during this period while the processing continues and everyone can have their verification done. Make sure to have all your documents so the employer can check them and deal with the verification as soon as possible.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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