1. What is Employment Eligibility Verification?
The Immigration Reform and Control Act made all U.S. employers responsible to verify the employment eligibility and identity of all employees hired to work in the U.S. after November 6, 1986. To implement the law, employers are required to complete Form I-9, Employment Eligibility Verification forms, for all employees, including U.S. citizens.
2. Do citizens and nationals of the U.S. need to prove to their employers they are eligible to work?
Yes. While U.S. Citizens and nationals are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form, Form I-9.
Note: U.S. citizens include persons born in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa including Swains Island.
3. For whom must employers complete Form I-9?
Every U.S. employer must have a Form I-9 in its files for each new employee, unless the employee:
- Was hired before November 7, 1986, and has been continuously employed by the same employer
- Is providing domestic services in a private household that are sporadic, irregular or intermittent
- Is providing services for the employer as an independent contractor (i.e. carry on independent business, contract to do a piece of work according to their own means and methods and are subject to control only as to results for whom the employer does not set work hours or provide necessary tools to do the job, or whom the employer does not have authority to hire and fire)
4. Do I need to complete an I-9 Review for everyone who applies for a job with my company?
No, you need to complete I-9 review only for people you actually hire. For purposes of the I-9 rules, a person is ‘hired’ when he or she begins to work for you for wages or other compensation.
5. I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is ‘remuneration’?
‘Remuneration’ is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.