Changes to immigration processes impact the lives of employees in the United States. Due to the focus on immigration and the tension related to illegal immigration, the U.S. Immigration and Customs Enforcement professionals, or ICE, are auditing I-9 Forms. With that said, compliance is necessary and joining the right companies can make the process go smoothly too.
What is Form I-9?
Form I-9 is a verification of legal status and the legal right to work within the United States. Employers must fill out the form and verify the legal working status of a nurse before they start working in a medical facility.
Generally, employers verify legal status by asking for appropriate identification. You can provide a passport, a driver’s license, birth certificates or a report of birth abroad, a foreign passport with an appropriate visa to work within the states or a permanent resident card. The form applies to citizens and non-citizens working in the United States.
Who Must Fill Out Form I-9?
The form is filled out by the employee and the employer. Generally, an employee fills out the first section with personal information and data. They must provide their name, date of birth and other relevant information.
After an employer hires the individual, they have a set time period to verify the individual’s identity. They must see a license, passport or similar identification to verify an individual’s ability to work within the United States.
Any documentation from the List A options, like a passport, shows proof of identity and the ability to work in the country. If an individual shows a driver’s license or similar document from List B, then he or she must also show a document from List C, like a birth certificate or employment authorization document. When they see the appropriate paperwork, they must fill in the information requested in the second section of the form.
When an employer hires an individual who previously worked in the facility or company, they must fill out the third section of the form. An employer has three days to fill out their portion of the form, regardless of whether an employee is a new professional or previously worked in the facility.
Potential Mistakes on the Form
The human resources, or HR, department of a facility or company must take measures to prevent mistakes. The obvious mistake is an error on the paperwork. Employees and employers must fill in the date and ensure that all information on the form is accurate. Both the employee and employer should have a copy of the document.
Employers should not file the paperwork with the government. It must stay with the company in the HR department. Since the company may need to present the form when audited by ICE, it must be readily available. Keep the document for three years after an employee no longer works in the company since ICE may audit documents within a three year time period.
The final mistake relates to timing. Employees do not fill out the form and employers do not ask for identification until after the individual receives a job offer. The reason for waiting relates to discrimination laws. By waiting until after issuing an offer, an employer remains unbiased toward a potential employee.
The I-9 process seems complicated, but it also prevents complications with legal standards. By following through with the paperwork and verifying the information in the documents, a professional can focus on his or her work as a nurse.
Compliance at Cure with E-Verify
At Cure, we have partnered California based company, Form i-9 Compliance. Form I-9 Compliance provides Cure with cutting edge, proactive and preventative technology solutions and consulting services for Form I-9 and E-Verify compliance. They are able to protect Cure’s data with multiple hardware and software layers that allow secure web interactions and business-to-business communication without compromise.
Currently, E-Verify use is voluntary. About 500,000 employers use it, and 23 states have laws requiring some or all employers to use the system. Cure supports a federal law requiring businesses to use the e-verify system. It will help all companies overcome the challenge of complying with different state and local laws requiring E-Verify.
Cure Staffing is an authorized e-Verify company.