What steps are we supposed to take when verifying employment eligibility?
You must review certain documents presented to you by a new hire that Form I-9 lists are acceptable for establishing identity and work authorization. Make sure you use the most current version of Form I-9. https://www.uscis.gov/i-9
Your duty is to examine the documents presented by the new hire to make sure they appear to be genuine and pertain to that individual. Never pressure an employee to provide a specific document on the list(s) or require documents not on the list.
You are not required to be a forensic document examiner. You need only show you made a good faith effort and that a reasonable person would have considered the documents to be genuine.
Remember to store all I-9 forms for all your employees in a restricted file, and not in each individual employee's personnel file. It is a good idea to periodically audit your I-9 Forms to make sure they are complete.
Jack McCalmon and Leslie Zieren are attorneys with more than 50 years combined experience assisting employers in lowering their risk, including answering questions, like the one above, through the McCalmon Group's Best Practices Help Line. The Best Practice Help Line is a service of The McCalmon Group, Inc. Your organization may have access to The Best Practice Help Line or a similar service from another provider at no cost to you or at a discount. For questions about The Best Practice Help Line or what similar services are available to you via this Platform, call 888.712.7667.
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