What are I-9 Supporting Documents?
I-9 supporting documents are essential for employers in the United States to verify the identity and employment authorization of their employees. These documents are required under the U.S. Citizenship and Immigration Services (USCIS) regulations and must be completed and retained by employers for a specified period. In this article, we will explore the types of I-9 supporting documents, their importance, and the guidelines for their use.
Types of I-9 Supporting Documents
There are several types of I-9 supporting documents that employees can present to their employers. These documents are divided into three categories: identity documents, employment authorization documents, and combination documents. Each category contains specific documents that satisfy the requirements for proving identity and employment authorization.
1. Identity Documents: These documents prove the employee’s identity and include:
– U.S. Passport
– Driver’s license with a photograph
– State-issued ID card with a photograph
– Government-issued birth certificate
– Naturalization certificate
– Certificate of citizenship
2. Employment Authorization Documents: These documents prove the employee’s authorization to work in the United States and include:
– Employment authorization card (EAD)
– Temporary or permanent resident card (green card)
– Foreign passport with a valid visa and I-94 record
– I-766, Employment Authorization Document
3. Combination Documents: These documents combine identity and employment authorization information and include:
– U.S. Passport with a machine-readable zone
– U.S. Passport card
– Driver’s license with a photograph and a notation of employment authorization
Importance of I-9 Supporting Documents
I-9 supporting documents are crucial for employers to ensure compliance with federal immigration laws. By verifying the identity and employment authorization of their employees, employers can avoid penalties and fines associated with hiring unauthorized workers. Additionally, maintaining accurate and up-to-date I-9 records can help employers demonstrate compliance during audits and inspections by USCIS.
Guidelines for Using I-9 Supporting Documents
When using I-9 supporting documents, employers must follow certain guidelines to ensure compliance:
1. Employees must present one document from each category (identity and employment authorization) to establish their eligibility to work in the United States.
2. Employers must inspect the original documents to verify their authenticity and retain a copy of each document for the duration of employment plus three years or one year after the employee’s termination, whichever is longer.
3. Employers must not discriminate against employees based on their citizenship or immigration status when requesting or accepting I-9 supporting documents.
4. Employers must maintain confidentiality and secure the I-9 records to prevent unauthorized access.
In conclusion, I-9 supporting documents play a vital role in ensuring compliance with federal immigration laws. By understanding the types of documents, their importance, and the guidelines for their use, employers can effectively manage their I-9 records and avoid potential legal issues.
