Few days from now, on the first day of August, the office of U.S. Citizenship and Immigration Services will be announcing the revised Form I-9, Employment Eligibility Verification. Significant changes include the checkbox for those employers enrolled in E-Verify to indicate the implementation of examining Form I-9 documents under the DHS(Department of Homeland Security )-authorized alternative procedure. It is to recalled that the initiative was announced by DHS last July 21, on the provision of the authority to optional alternatives for employers to examine Form I-9 documentation. Also, authorizes employers enrolled in E-Verify the option to remotely examine their employees’ identity and employment authorization documents under a DHS-authorized alternative procedure.
See below for the list of modifications aside from the add-on checkbox:
- Shortened Sections 1 and 2 and make it one-pager.
- Converted to a dynamic fillable form on tablets and mobile devices;
- the Section 1 Preparer/Translator Certification section is moved to a standalone, distinct supplement that companies can give to staff members as needed;
- Repositions Section 3 (Reverification and Rehire) to an independent addendum that employers can print if or when either occurs;
- Updates the “Lists of Acceptable Documents” page to include certain acceptable receipts, as well as advice and links to data on automatic extensions of employment authorization paperwork;
- Form instructions reduction from 15 pages to 8 pages; and
- Contains a checkbox that allows employers to indicate they did not conduct a physical examination but instead used a DHS-authorized alternative approach to review Form I-9 data.
If you are not a U.S. citizen or a lawful permanent resident, you typically need a work permit (visit our dedicated work permit page here) and other documents to legally work in the United States. Here’s why:
Authorization to Work: The United States immigration laws require individuals who are not U.S. citizens or lawful permanent residents (Green Card holders) to obtain proper authorization to work in the country. This authorization is usually granted in the form of a work permit, officially known as an Employment Authorization Document (EAD).
- Visa Status: Non-citizens who wish to work in the U.S. often require a specific visa that permits employment. Various types of visas exist for different purposes, such as temporary work visas, student visas with work authorization, or family-based visas with work privileges.
- Immigration Compliance: Having a valid work permit and visa demonstrates that you are in compliance with U.S. immigration laws. It ensures that you have the legal right to work and that your employment is not considered unauthorized or illegal.
- Employer Compliance: Employers are required by law to verify the identity and work authorization of their employees, which is done through the Form I-9 process. By presenting a valid work permit and related documents, you enable your employer to meet these requirements and avoid potential legal penalties.
- Temporary or Permanent Status: Work permits are often tied to specific visa categories, indicating whether the individual’s stay in the U.S. is temporary or with the potential for permanent residency. Different visas have different rules regarding work authorization and the duration of employment.
- Social Security Number: To work in the U.S., you typically need a Social Security Number (SSN). A work permit allows you to apply for an SSN, which is used for tax and employment purposes.
Overall, a work permit and related documents are crucial for foreign nationals to work legally in the United States, ensuring compliance with immigration laws and allowing them to contribute to the U.S. economy while maintaining their legal status.