Immigration and Employment Eligibility FAQ

www.uscis.gov

Q: Do citizens and nationals of the U. S. need to prove to their employers that they are eligible to work?
A: Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.

Q: Does an employer need to complete a Form I-9 for everyone who applies for a job with the company?
A: No. The employer needs to complete Form I-9 only for people who are actually hired. For purposes of the I-9 rules, a person is "hired" when he or she begins to work for wages or other compensation.

Q: I understand that an employer must complete a Form I-9 for anyone hired to perform labor or services in return for wages or other remuneration. What is "remuneration"?
A: Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.

Q: Can an employer fire an employee who fails to produce the required document(s) within three (3) business days?
A: Yes. An employer can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, the employer must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

Q: What happens if an employer properly completes a Form I-9, but the BICE discovers that the employee is not actually authorized to work?
A: The employer cannot be charged with a verification violation; however, the employer cannot knowingly continue to employ this individual. The employer will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove that the employer had actual knowledge of the unauthorized status of the employee.

Q: What is the employer's responsibility concerning the authenticity of document(s)?
A: The employer must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, the employer must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, the employer must not accept it.

Q: May the employer accept a photocopy of a document presented by an employee?
A: No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.