I-9 Form을 보면, 간단한것 같지만, Employee와 Employer가 fill out 해야 하는 부분에 의외로 많은 실수들이 있습니다. 아래 참고하셔서 Audit시 Penalty를 최대한 피하셔요.

The Rules of Use

1.   Employees must be newly hired with a completed Employment Eligibility Verification Form I-9 (referred to hereafter as Form I-9) before you can use E-Verify to initiate queries about the employees for your company.

2.   Form I-9 requirements remain the same except that all "List B" identity documents must bear a photograph.

3.   Employers must submit verification queries for newly hired employees no later than the 3rd business day after they start work for pay.

4.   If you haven’t started a verification query by the third business day after the employee starts work for pay immediately start the verification process. If you also failed to complete the Form I-9, a new Form I-9 must be completed before the query process is started.

5.   Employers may not verify newly hired employees selectively and must follow E-Verify procedures for all new hires while their company is participating in the program.

6.   Employers may not request that the employee use certain documentation for Form I-9 or E-Verify purposes.

7.   Employers may not use E-Verify to discriminate against any job applicant or new hire on the basis of his or her national origin, citizenship, or immigration status.

8.   Employers may not use the system to pre-screen applicants for employment.

9.   Employers may not go back to check employment eligibility for employees hired before their company signed the MOU with USCIS and SSA.

10.                Employers must provide their employees with an opportunity to contest a Tentative Nonconfirmation (TNC).

11.                Employers cannot take any adverse action against an employee based upon a TNC unless E-Verify issues a Final Nonconfirmation (FNC).

12. Employee must be allowed to continue to work during the verification process.