Learn the best practices for properly completing USCIS Form I-9 to verify employment eligibility. Understand employee and employer responsibilities and avoid compliance issues.
Table of Contents
Question
Best practice for initial completion of the US Citizen and Immigration Services (USCIS) Form 1-9 does NOT include that
A. the employee should fill out the form no later than the first day of work.
B. the employer may specify that the employee should supply a passport to verify identify.
C. the employee may use a translator for purposes of completing the form.
D. the employer must review the original documentation supplied by the employee.
Answer
B. the employer may specify that the employee should supply a passport to verify identify.
Explanation
The Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. Some key best practices for the initial completion of Form I-9 include:
A. The employee must complete Section 1 of the form no later than the first day of work for pay. This is a correct practice.
B. The employer may not specify which documents the employee can present from the Lists of Acceptable Documents to establish identity and employment authorization. Requiring a specific document like a passport would be an incorrect practice that could constitute document abuse.
C. Employees may use a preparer or translator to assist them in completing Section 1. The preparer/translator must read the form to the employee, assist in completion, and have the employee sign the certification block in Section 1. This is an acceptable practice.
D. Employers must physically examine each original document the employee presents to determine if it reasonably appears to be genuine and relates to the person presenting it. The person who examines the documents must be the same person who signs Section 2. This is a required practice.
Therefore, specifying that an employee must provide a passport to verify identity on Form I-9 is not a best practice and could violate federal law and regulations. The employee may choose from various acceptable documents to establish identity and employment eligibility.
The employer should provide a comprehensive list of acceptable documentation to an employee and allow him/her to choose the documentation that meets the criteria. Requiring a new hire to supply a passport would discriminate against those who are not US citizens.
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