Employer Verification Procedures on Work Visa

There are a handful of steps that must be taken by an employer when verifying that a potential employee has a legitimate work visa and is eligible to work in the United States. All citizens and nationals of the United States are automatically eligible to work within the country but they must be able to prove their eligibility to their potential or current employer. Citizens and nationals of the country must also complete an Employment Eligibility Verification form, also known as a Form I-9. People born in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands are all considered citizens of the United States. People born in American Samoa, including Swains Island, are considered nationals of the United States. Regarding the Form I-9, an employer only needs to complete a form for every individual hired, not every individual that applies for a job with the company. The definition of hired is when a person begins to work for wages or another form of compensation.

If an employee or a prospective employee can provide the requested documents to prove that he or she is eligible to work in the United States than an employer is legally allowed to fire or not hire the person in question. This practice must be followed by the employer in regards to all employees of the company. If the person has already been hired, the employer can fire the employee within three business days of the date employment begins. If an employer hires an employee who properly completes a Form I-9 but later finds out that the employee is not authorized to work in the country the employer will not be penalized or charged with any type of crime. The only catch here is that the employer can no longer employ the person in question. If the employee continues to work with the company after the employer finds out he or she is not authorized to work in the country than the employer could face fines or charges.

When verifying whether or not a potential employee is authorized to work in the United States, an employee must examine closely the documents presented by the potential employee. If the documents presented are the actual documents, are not photocopies, appear to be genuine and relate to the person presenting them than the employer must accept those documents. If they meet all of the above criteria and the employer rejects those documents than the employer is taking part in unfair immigration-related employment practices. On the other hand, if any one of the documents handed to the employer by a potential employee does not appear to be genuine, does not relate to the person presenting it, or is a photocopy of a document than the employer is not allowed to accept those documents. The only exception to accepting a photocopied document is when a potential employee provides a potential employer with a certified copy of their birth certificate. This is the one and only exception in regards to providing photocopied documents. Once the actual documents are provided to the employer, the employer is allowed to make photocopies of them for company records. All employers must follow this method of verifying procedures regarding work visas and regarding citizens or nationals of the United States when looking for weeding through the hiring process.

• Do you have a question regarding a work visa? If so, contact an experienced Employment Attorney in your area today!