neil

OK, so let me start by stating that my wife is a USC and this relates to her employment.

She has been with her current employer for 11 years. This week they have asked her to complete an I-9. Now, my understanding is that this is intended for new employees so I was wondering what the basis would be for them to ask for this to be completed now. In theory they should have done this before she started working for them and this document - http://www.uscis.gov/files/nativedocuments/m-274.pdf - clearly states:

"Submission of the information required in this form is voluntary. However, an individual may not begin employment unless this form is completed, since employers are subject to civil or criminal penalties if they do not comply with the Immigration Reform and Control Act of 1986."

Now, I'm guessing they either never got her to fill in an I-9 when she started or they lost it, and they are trying to cover their backsides. She has no memory of ever doing anything like it.

We were both intrigued about the legalities of them asking now, and given that the statement above indicates it's voluntary but she can't start work until it's complete, what's the situation given she's already worked for them for 11 years, could she, in theory, refuse?

Noorah101

Perhaps the company is getting audited and wants to make sure everything is up to par.

Since she's been there so long, legally employed, I think she should just do the I-9.

Rene

ian-mstm

As you know, USCs are required to complete an I-9 when hired. I'm guessing the only exemption would be if someone was employed prior to 1986 and therefore grandfathered into the Act. I'll ask my stepdaughter about this tonight (she specializes in employment law), but my gut reaction is they are required to provide proof of an I-9 for any employee and therefore are legally allowed to ask now.

Ian

neil

I was going for either the audit or the company's being bought out. She doesn't have a problem doing it we were just intrigued by the situation.

crg

Hmmm... maybe they're moving to E-verify.

Maybe it has something to do with receiving government contracts with stimulus funds. Companies receiving contracts with those funds may have to certify that they're employees are all properly documented and checked in the E-verify system in order to qualify.

scrubbedexpat099

No big deal, just do it.
We are applying for a federal grant, standard verbage that your employees are legal, seem to remember the State was the same.

ian-mstm

I checked with my stepdaughter and she confirms that the company *is* allowed to ask her to complete the I-9 even though she's already a long-time employee. Indeed, since it is a federal requirement that they have an I-9 on file for every employee, they are obligated by law to collect that information... even long after the fact.

Ian