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What Employers Need to know about the I-9 Verification Form

Background Screening

I-9 Verification Form, hired employee, newly hired, I-9, background checks, employee screening

Employers must acquire and maintain an I-9 form for every employee hired within the United States. Excluding those hired before November 6, 1986. Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IRIRA) in 1996. This act necessitates the Social Security Administration (SSA) and U.S. Citizenship and Immigration Services (USCIS), to facilitate an employment verification pilot program. Essentially, the pilot program verifies all newly hired employee’s eligibility.

It is critical to understand that an I-9 can only be ran after a candidate has been officially hired. An I-9 cannot be used as a pre-employment screening tool or to discriminate in any way. For example, using someone’s immigration status against them through running an I-9. Additionally, employers must ensure that all information collected is kept confidential.

A social security trace can be used prior to hiring but does not verify the authenticity of the social security numbers like an I-9 does. A social security trace uses an individual’s nine-digit social security number to trace an applicant’s previous addresses. The information returned from the social trace is derived from utility bills, credit card inquiries, rent bills, and many other forms of reoccurring financial statements that pin point the individual to certain locations. By knowing where the individual has lived in the past, you can proceed with additional searches such as a National Criminal background check or County Criminal search.

Per E-Verify I-9 Rues and Responsibilities are as follows:

Employers Must:

  • Follow E-Verify procedures for each newly hired employee while enrolled and participating in E-Verify.
  • Notify each job applicant of E-Verify participation.
  • Clearly display the ‘Notice of E-Verify Participation ‘and the ‘Right to Work’ posters in English and Spanish and may also display the posters in other languages provided by DHS.
  • CompleteFormI-9foreachnewlyhiredemployeebeforecreatingacasein E-Verify.
  • Obtain a Social Security number(SSN) from each newly hired employee on Form I-9.
  • EnsurethatFormI-9‘ListB’identitydocumentshaveaphoto(Section2.1).
  • Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
  • Provide each employee with notice of and the opportunity to contest a Tentative Non-confirmation (TNC).
  • Ensure that all personally identifiable information is safeguarded.

Employers Must Not:

  • Use E-Verify to pre-screen an applicant for employment.
  • Create an E-Verify case for an employee who was hired before the employer signed the E-Verify MOU.
  • Take adverse action against an employee based on a case result unless E-Verify issues a Final Non-confirmation.
  • Terminate an employee during the E-Verify verification process, because he or she receives a TNC.
  • Specify or request which Form I-9 documentation a newly hired employee must use.
  • Use E-Verify to discriminate against ANY job applicant or new hire based on his or her national origin, citizenship or immigration status.
  • Selectively verify the employment eligibility of a newly hired employee.
  • Share any user ID and/or password.

Origin Can Help

Origin is digitally integrated with E-Verify which makes the hiring process easier. By hiring Origin, you are creating one point of contact for all your workforce verification needs. Such as, occupational health needs like drug testing and physicals, credential badging, training and testing, and recruiting and onboarding. Keep your company compliant by putting your trust into Origin. The company with the elite software that enables you to have all your workforce verification needs under one log in.

 

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