Employers are required to verify their employees’ authorization to work even if they are citizens of the U.S. The process for verifying employee authorization status in Naperville involves several steps.
Both employers and employees have obligations to fulfill as part of the verification process. Failure to complete verification properly may result in substantial penalties.
The I-9 Form
Form I-9 is the starting point for the process of verifying employee authorization status in Naperville. Everyone hired must complete the employee portion of the form attesting to their employment authorization. Then the employee must present the required documentation to prove their identity and employment eligibility.
Employers must review the documents presented and determine the authenticity. In addition, the employer must complete certain portions of the form and retain copies on file that could be shown to inspectors.
Verification Through E-Verify
Employers may use the E-Verify system of the U.S. Department of Homeland Security (DHS) in the process for verifying employee authorization status in Naperville. An employer first creates a case using information from the worker’s I-9 form. This case should be created by the third business day after an employee begins working on a paid basis.
The E-Verify system compares information entered with records of the Social Security Administration (SSA) and the DHS. In addition, E-Verify Photo Matching displays a photo that should be compared with the photo on the documents presented by the employee to help verify identity.
After information is entered into the E-Verify system, results may indicate that:
- Employment is authorized because the employee’s documents match government records
- Verification remains in process because further verification is needed through DHS
- The case is in continuance because more time is needed to conclude the investigation
- A tentative nonconfirmation (TNC) is issued because documentation did not match agency records
- The case should be closed and resubmitted because information is incorrect
- A final nonconfirmation is issued because the employment eligibility cannot be verified even after employee contact with the SSA or DHS
When a tentative nonconfirmation appears as a result, the employee should be notified and told to contact SSA or DHS. Although not every employer in Naperville is required to use E-Verify, it is becoming more common.
Form I-9 Requirements
Employees must complete all the information requested in Section I of the I-9 form even if the employer does not use the E-Verify system. In addition to identifying information, the employee must attest to citizenship or immigration status as a noncitizen national, lawful permanent resident, or alien authorized to work in the U.S. Employees must sign and date the form and then provide documentation to demonstrate employment authorization and identity.
Employers must review the employee’s information and examine documentation before completing their portion of the form. In the process for verifying employee authorization status in Naperville, an employer may not specify which documents an employee must present or discriminate against an employee on the basis of citizenship, immigration status, or national origin. Employers are required to fill out Section 2 of the I-9 form completely, including listing issuing authorities and expiration dates of documents.
Assistance with the Process for Verifying Employee Authorization Status in Naperville
Employers who fail to comply with any requirements for verifying employment authorization may be subject to severe penalties. U.S. Immigration and Customs Enforcement (ICE) may issue a Notice of Inspection requiring an employer to provide I-9 forms for inspection. If the agency finds technical or procedural violations, the employer may be granted ten days to correct the errors. Employers would be fined for any violations considered substantive as well as for technical violations that are not fixed by the deadline.
Many employers find it helpful to work with an attorney to ensure compliance with I-9 requirements. A knowledgeable immigration employment lawyer could help with all aspects of the process for verifying employee authorization status in Naperville.