Employers are required to verify the identity and eligibility of their employees by submitting a Form I-9. This process of understanding and complying with I-9 regulations can take time and effort.
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What are some key features of the Form I-9 Employment Eligibility Verification?
The Form I-9 is a two-page form consisting of three sections that employers and employees
must complete as part of the employment eligibility verification process. The three sections are:
- Section 1: Employee Information and Attestation. This section is completed by the employee. There is also a section for preparers and/or translators, if applicable.
- Section 2: Employer or Authorized Representative Review and Verification. This section is completed by the employer and contains an “additional information” field where employers can record relevant notes such as employment authorization document (EAD) extensions for F-1 OPT STEM students, CAP-GAP, H-1B extensions, E-Verify case number, employee termination date, and others.
- Section 3: Reverification and Rehires. This section is completed by the employer to verify the work authorization for employees for rehires or reverification.
Below is a Quick Guide to help you out with the process of filling out, reviewing, recording, and certifying the forms.
Questions Employers CAN Ask
Employers should use neutral questions to determine whether the candidate requires immigration sponsorship to begin working or to continue employment in the future. Employers are prohibited from denying protected individuals employment because of their real or perceived immigration or citizenship status.
- Are you legally authorized to work in the US?
- Do you now, or will you in the future, require immigration sponsorship for work authorization (for example, H-1B status?)
- Will you now, or in the future, require sponsorship (i.e. H-1B visa, etc.) to legally work in the United States?
- If so, are you currently in a period of Optional Practical Training (OPT)?
- If you are currently in OPT, are you eligible for a 24-month OPT extension based upon a degree from a qualifying US institution in Science, Technology, Engineering or Mathematics?
Questions Employers CANNOT Ask
Employers should not ask job applicants detailed questions about their immigration or citizenship status because it may deter protected individuals and could be considered a violation.
- If hired, can you provide proof that you are legally able to work in the United States for at least 12 months?
- Are you prevented from lawfully becoming employed in this country because of your visa or immigration status?
- Can you please specify your citizenship or immigration status?