“Are you legally allowed to work in the United States?”
- Tim Goldner
- 3 days ago
- 2 min read
Every job applicant in the USA is asked this question, not because the employer is patriotic or anti-immigrant. The Immigration Reform and Control Act of 1986 mandates that job seekers present identification proving they are authorized to work in the United States. As part of the IRCA of 1986, Form I-9 was created to document the identification used to prove legal employment.
Since November 6, 1986, employees have been required to complete Form I-9 at the time of hire. Employees complete Section 1 of the form when they start employment. Employers must complete Section 2 within three days of the employee’s start date. Time is of the essence; employers are responsible for properly completing forms and keeping documentation on file.
By completing Section 1 of the Form I-9, the new hire will attest, under penalty of perjury, that they are eligible for employment by being in one of the following categories:
· U.S. Citizen
· U.S. Non-Citizen National -A person born in an outlying possession of the U.S., for example, American Samoa.
· Lawful Permanent Resident
· Alien Authorized to Work
Every employer is required to complete Form I-9 for employees they hire, but no form is required for volunteers or contractors.
Most employers complete this process at the workplace, but in today’s work environment, where more employers are hiring remote workers, onboarding new employees is more difficult. How do you comply with the requirement from USCIS if your new hire lives far away from the office?
The answer is to enlist the services of a local I-9 representative. Although Form I-9 doesn’t require a Notary Public to complete the document, many companies hiring remote employees look to notaries for their expertise in verifying identification using the same documents used to establish employment eligibility.
SCG Law & Language has the experience and know-how that you can trust to be your company’s I-9 representative in Central Florida.
To find out more about this service and how to make an appointment for your next new hire, visit our website.
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