Employers must also verify an employee’s eligibility to work in the United States; (See: Employment Eligibility Verification Form commonly referred to as an I-9).
Employers can confirm the citizenship by requesting the documentation specified on the I-9 form. Note, requesting documents not included could result in discrimination claims by the applicant.
The I-9 is not filed with the federal government but is instead kept for at least three after the employee is hired (or one year after terminated, whichever is later). The United States Immigration and Customs Enforcement (also known as “ICE”) can audit your workplace to ensure I-9 forms are complete and match the actual employee records.
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