OC employers: new I-9 form required today
December 26th, 2007, 7:08 am · 20 Comments · posted by Jan Norman
Today all businesses must start using the new I-9 form to verify employees’ eligibility for employment required by the U.S. Citizenship and Immigration Services. I previously told you about this issue here and here. (Since then the new form has been posted; see link below.)
Previous versions of Form I-9, in English or Spanish, are no longer valid, and if you use them you will be subject to applicable penalties and fines.
The revised form reduces the number of documents employers can accept to verify employment eligibility. The government eliminated five documents because they lacked security features necessary to deter counterfeiting, tampering and fraud.
The five eliminated ID documents are:
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (I-151)
- Unexpired Reentry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571)
In addition, employees no longer must provide a Social Security number unless they are employed by an employer who participates in E-Verify.
Download the Form I-9 here. For a copy of the revised Handbook for Employers, click here. (Both require Adobe Acrobat Reader.) The handbook answers the most frequently asked questions about the Form I-9.
December 26th, 2007 at 9:06 am
“Employees no longer must provide a Social Security number unless they are employed by an employer who participates in E-Verify”
What? Isn’t the SSN the one most important piece of identification that links an employee to our federal system and determines his eligibility for employment in our Country? And the new I-9 form doesn’t require an employer to report the SSN? So do they take the word of the applicant that he’s eligible? Has our system gone nuts?
December 26th, 2007 at 10:11 am
This is outrageous!!! How can this be? You don’t need a social security number to work? How many illegals will be hired by this taking more jobs from Americans? There goes any incentive what so ever to even use everify! I am so fed up with the outrageous behavior of our government and media! getting close to the revolution! i want my country back!
December 26th, 2007 at 10:22 am
I have forwarded this to Lou Dobbs, I suggest all citizens call their reps and find out what the heck is going on!
December 26th, 2007 at 11:13 am
Your social security number is supposed to be used exclusively for taxes, by law no one is supposed to be able to ask for it for id. This just further protects against identy theft, employers still need to verify employment eligibilty. The sky isnt falling. If you knew about I-9’s you would know one did not need to provide a SS# in the past either.
December 26th, 2007 at 11:17 am
What? It states right on the form under List C that a SSN card is accepted.
December 26th, 2007 at 11:30 am
O.K. this does not make sense.
December 26th, 2007 at 12:16 pm
Hold on a minute - the new I-9 still asks for the SSN - in fact, you cannot run an e-verify unless the SSN appears on the I-9.
E-Verify does not check the immigration status, just that you have a SSN and that you can work in the U.S.
Don’t think for a moment that Congress is going to lose out on tax money being collected (SSN = SSI/Medicare/FedIT and for most States, StateIT).
Jan - maybe it would be best if you revised the sentence regarding providing SSN’s. If you don’t have one, the employer must direct you to obtain one and show proof that you applied. Else, you are a very “temporary” employee.
December 26th, 2007 at 12:25 pm
not sure how that will work.. the company payroll program, 401k, insurance, workers comp, etc.. all will require a social security number. especially for dependents.
you cannot even verify the social security number until after the employee has been hired, probably because they ask for the d.o.b and it’s illegal to ask that because of age discrimination.
i cant believe how the irs even allow this though?
December 26th, 2007 at 12:45 pm
Amazingly idiotic! How can employers not require social security number? How will statutory deductions such as social security tax, medicare, state and federal taxes be reported and accounted for? Whoever came up with this set of new rules must have been high on something at the least, or a gofer for the hispanic illegal aliens lobby.
December 26th, 2007 at 12:50 pm
Why dony we follow in Arizonas footsteps..
State Rep. Russell Pearce of Mesa, the author of the employer sanctions law, said his intent was to drive illegal immigrants out of Arizona.
“I’m hoping they will self-deport,” Pearce said. “They broke the law. They’re criminals.”
Under the employer sanctions law,
1. businesses found to have knowingly hired illegal workers will be subject to sanctions from probation to a 10-day suspension of their business licenses.
2. A second violation would bring permanent revocation of the license.
This sanctions law, which takes effect January 1. The voter-approved legislation is an attempt to lessen the economic incentive for illegal immigrants in Arizona, the busiest crossing point along the U.S.-Mexico border.
And by all appearances, it’s starting to work.
Nancy-Jo Merritt, an immigration lawyer who primarily represents employers, said her clients already have started to fire workers who can’t prove they are in the country legally.
“Workers are being fired, of course,” she said. “Nobody wants to find out later on that they’ve got somebody working for them who’s not here legally.”
When immigrants don’t have jobs, they don’t stick around, said Dawn McLaren, a research economist at Arizona State University who specializes in illegal immigration.
http://www.cnn.com/2007/US/12/22/immigrants.leave.ap/index.html
December 26th, 2007 at 1:41 pm
Don’t get mad people, nobody will die for this..We need their labor to reduce our expenses..nobody sees this..people only complain about the illegals but they enjoy part of the benefit they add to the economy with their labor..I was once an illegal..I worked all unwanted jobs the americans didn’t like..I paid my taxes without receiving any benefit back for 4 years,,until I revalidaded my MD Diploma I got in Mexico and was accepted at UCLA Medical Center where I did my medical specialty..now I only see Medical/Medicare patients and I don’t care if they are poor caucasians/asians/african american or latinos..I care for the Human being in general…illegals are not criminals..they work for a better future and they give back to this society without making lots of noises..like politicians or “other” mad anglos…so who cares if they don’t show SS..they are working for a brighter future like me..God Bless You !
December 26th, 2007 at 2:00 pm
There are so many jobs out there that Americans don’t capitalize on. If someone is willing to work and do a good job at it so be it…… ” I want my country back” Yeah that’s what the immigrants should be saying since this land was long before theirs. SO stop being so ignorant and accept the change…Grow up
December 26th, 2007 at 2:27 pm
OK folks, I ran this Social Security number issue by Irvine labor law expert Don Dressler. He says many companies do ask for the SS# as one of 2 required pieces of ID. The newly hired employee can refuse, citing privacy concerns, and give one of the other approved forms of ID.
However, eventually, the employee will have to give the employer the SS# in filing out the W4 form, but not at this stage of the hiring process.
And yes, many employers do use SS# for employee identification for pension, 401k etc. but they’re supposed to give the employee an option to use something else. And a new law prohibits them from putting the employee’s entire SS# on the pay stub.
Jan Norman
December 26th, 2007 at 3:04 pm
Hey Mr. Julian MD,
If you want cheap labor then move to mexico. we don’t want the social pollution that the ones who build your home or wash your car/boat brought with them when they broke into out country illegally. Last year Californians paid $10 billion to provide social services for illegals. Illegals certainly are criminals. Hence the title ‘illegal’. They violated our US immigration laws. It is unfortunate that we have a physician working in our country who is in such denial. I hope you use more intellectual honesty when dealing with your patients. And that is, of course, assuming that you truly are a doctor, which is highly questionable.
December 26th, 2007 at 3:39 pm
Mr OCobserver:
there are people that is in chronic denial, people that believe just because they were born “into the first world” they are superior and the other people don’t deserve credibility or they don’t have education…well my dear friend I enjoy the benefit of having a professional education and holding a Medical degree from your prestigious UCLA Medical Center..and I was an illegal that worked extremely hard to succed in your country ( and I don’t feel achieving this dream..I was the only latino chosen among 1000 candidates during the 2004 USMLE match into my Medical Specialty ( including caucasians from Harvard and Stanford) ..I am 100% honest with my patients and fortunately there are caucasians who really are sincere and they appreciate this honesty….I truly believe in the American Dream and I am now living this dream making lots of changes in my patients lives..making me feel a fortunate migrant and proud of my ethnic background….if you did not take advantage of the great educational opportunity in your own country (getting a professional degree assuming that you don’t have one) that will make you a miserable human being that will possibly develop mental issues down the road… talking badly about others.. your lines exhibited the kind of person you are…thanks God still exist more good anglos in this country that bad ones….this kind of rethoric does not work anymore..if you don’t take your opportunities other smarter people will take them from you …have a nice day
December 26th, 2007 at 5:05 pm
We need to adopt the Arizona law.
December 26th, 2007 at 6:10 pm
To “Dr” Julian:
You sure sound smug and judgemental. Illegal immigrants are law breakers, regardless of what they “make of themselves” while they’re here. Sneaking into OUR country, commiting identity theft and fraud, just to name a few additional crimes. So you became a “doctor” and we’re supposed to pat you on the back and forgive all future illegal immigrants? It’s not going to happen. And since you are now so high and mighty, why don’t you return to your “motherland” and help make it a better place to live?
December 26th, 2007 at 9:25 pm
so does this mean HR should be dealing with this and not the employees? I know it is our responsibility too, but HR handles all the employees paperworks and they are the ones who should be on top of thesem stuff, right?
December 26th, 2007 at 10:24 pm
Participate in E-Verify and require the SSN.
http://www.aremyemployeeslegal.com
January 20th, 2008 at 1:10 am
business registration form
Have heard from it before, but is indeed a very good comment. Thanks.