Immigration

Srinivasa Reddy Kandi: Understanding When to Revise Your I-9 Form

February, 25, 2025-05:03

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Understanding When to Revise Your I-9 Form

The I-9 form is an essential document for employers and foreign workers in the United States, functioning as a means to verify an individual's identity and employment eligibility. Foreign workers may encounter changes in their immigration status, such as renewing work authorization, adjusting their status, or switching visa categories. However, it is not always necessary to revise the I-9 form in response to these changes. This article aims to clarify when updates to the I-9 are required and how to effectively manage the process.

What Is the I-9 Form and Who Is Required to Complete It?

For foreign workers in the U.S., understanding the importance of completing the Form I-9 is vital. This document is crucial for employers to confirm your identity and employment eligibility. It is the responsibility of your employer to ensure that you complete Section 1 of the I-9 form on or before your first day of work, thereby officially initiating your employment. You must provide accurate information along with the necessary supporting documents to validate your authorization to work in the United States.
If you are self-employed, it is generally unnecessary to complete an I-9 form unless you are employed by a distinct business entity, such as a corporation. In other cases, your employer is tasked with filling out Section 2 of the form within three business days of your hiring, based on the documentation you provide.

Safeguarding Your Rights: Unlawful Practices during I-9 Verification
Your employer is not permitted to discriminate against you based on your citizenship, immigration status, or national origin during the I-9 or E-Verify procedures. This stipulation means that your employer cannot request specific documents beyond those mandated by law. For example, an employer cannot insist on a Permanent Resident Card if you possess other valid forms of documentation, nor can they dismiss documents that reasonably appear to be authentic.

Such actions, referred to as "unfair documentary practices," are illegal. Additionally, your employer is prohibited from treating you differently in the hiring process or throughout your employment based on your actual or perceived citizenship status or national origin.

When Is Re-verification of Your Employment Authorization Necessary?
If your work authorization document has an expiration date, your employer is required to re-verify your employment authorization prior to its expiration. To continue your employment, you must provide updated documentation from List A or C, such as an unrestricted Social Security card or other acceptable documents. Restricted Social Security cards are not valid for this purpose, and if presented, your employer will request an alternative document.
In certain situations, a receipt for a new document may be temporarily accepted; however, it is crucial to ensure that your employer possesses valid proof of your work authorization prior to the expiration date. Should you be unable to provide updated documentation, your employer is legally obligated to suspend your employment.

Is It Necessary to Revise Your I-9 Form Following a Change in Immigration Status?
A frequently asked question among foreign workers pertains to the necessity of updating their I-9 form in the event of a change in immigration status, such as transitioning from one visa category to another or acquiring permanent residency. Fortunately, it is generally not mandatory to update your I-9 form due to a change in immigration status unless your current work authorization is nearing expiration. Re-verification is only required when the authorization document you initially submitted is about to expire. As long as your work authorization remains valid, no update is necessary, even if your immigration status has changed.

Understanding the I-9 Form's Function in Employment Authorization
It is essential to note that the I-9 form is retained by your employer and is not submitted to U.S. Citizenship and Immigration Services (USCIS). The primary function of the form is to verify your eligibility to work in the United States; it does not establish your immigration status. For instance, if you are employed under an H-1B visa and subsequently obtain an Employment Authorization Document (EAD) and choose to work under the EAD, there is no requirement to update your I-9 form. The I-9 form solely focuses on confirming the validity of your work authorization, irrespective of the immigration status or visa under which you are employed.

Conclusion
It is essential to recognize that the responsibility for the I-9 process primarily lies with your employer rather than you as the employee. Your employer is legally obligated to ensure the accurate completion of the I-9 form and to verify your work authorization appropriately. Although you are required to present valid documents to establish your eligibility for employment, the responsibility for completing, maintaining, and re-verifying the form rests with your employer. They are required to adhere to specific legal standards and timelines to remain compliant with U.S. regulations. By understanding both your role and your employer's obligations, you can avoid unnecessary updates or modifications that may complicate your employment situation, thereby providing you with reassurance that you are adhering to the correct procedures.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.