Understanding the I-9 Form - Shihab Burke, LLC, Immigration Attorneys At Law

Understanding the I-9 Form

If you are looking to hire Immigration Lawyers to handle your form I-9 compliance cases, then take a look at our I-9 Form Compliance service page. With offices in Columbus, Ohio and service areas in Troy, Michigan & Irving, Texas while serving the whole world, Shihab Burke, LLC. Attorneys at Law will handle your HR Counsel as well as your Form I-9 compliance.

I-9 Form Compliance Introduction

  • The live stream begins with a welcome message and an introduction of the host, who notes the absence of his partner, Sam Shehab, due to international travel related to immigration matters.
  • The host emphasizes their base in Columbus, Ohio, where they operate an immigration law firm that assists clients with U.S. immigration matters.
  • The main topic for the evening is the I-9 form, which is crucial for employment verification in the U.S.

Understanding Form I-9

  • The I-9 form is described as the first immigration form most individuals encounter when starting a job in the United States, serving as a verification tool for employment eligibility.
  • Employers are required to complete the I-9 form to confirm that employees are authorized to work in the U.S., regardless of their citizenship or immigration status.
  • The host discusses the common misconception that the I-9 is solely about the employee’s immigration status, clarifying that it primarily concerns the employer’s obligations.

Employee Perspective on Form I-9

  • Employees typically only encounter the I-9 form once during their employment, specifically on their first day when they must complete the employee section of the form.
  • The completion of the I-9 involves providing documents that establish identity and work authorization, categorized into List A, List B, and List C.
  • The host stresses that employees have the right to choose which documents they provide, and employers cannot dictate specific documents beyond the categories listed.

Employer Responsibilities Regarding Form I-9

  • The I-9 process is primarily the employer’s responsibility, including the verification of documents and maintaining proper records.
  • Employers must ensure that they do not discriminate against employees based on the documents they present for verification.
  • The host explains that failure to comply with I-9 regulations can result in fines and legal issues for employers, highlighting the importance of proper training for HR personnel.

Common Questions and Misconceptions

  • The host addresses frequent questions from employees, particularly regarding their obligations related to the I-9 form and the misconception that they are responsible for ensuring their work authorization.
  • It is clarified that while employees must ensure they have the correct immigration status, the responsibility for verifying work authorization lies with the employer during the I-9 process.
  • The discussion includes potential complications that can arise if an employee’s work authorization changes after completing the I-9 form.

Record Keeping and I-9 Audits

  • Employers are required to keep I-9 forms and related records for a specific duration, but they are not mandated to retain copies of the documents provided by employees.
  • The host emphasizes the importance of proper record-keeping practices to avoid discrimination and ensure compliance with immigration laws.
  • Audits of I-9 forms may occur, and employers should be prepared for potential investigations by government agencies.

Form I-9 and Immigration Status

  • The host explains that the I-9 form does not determine an individual’s immigration status; rather, it is a tool for employers to verify eligibility to work.
  • He discusses the distinction between an employee’s immigration status and their authorization to work, underscoring that these are separate issues.
  • The discussion includes examples of how an employee may pass the I-9 verification process but still face challenges with their immigration status later on.

Conclusion and Q&A Session

  • The host wraps up the presentation by reiterating that the I-9 form is primarily the employer’s responsibility and encourages employees to understand their rights and obligations regarding the form.
  • A question-and-answer session follows, where the host addresses various immigration-related inquiries from the audience, providing general advice and insights.
  • The session emphasizes the importance of consulting with immigration attorneys for personalized guidance based on individual circumstances.

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Franco Petitfour
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