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I-9 Documents, who's responsible?

I-9 Documents, who's responsible?

Old Apr 18th 2008, 4:27 am
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Default I-9 Documents, who's responsible?

Hey,

While trying to find something a bit more permanent, I've got myself lined up to be a sub teacher at the high school where the OH works.

Today I had to go in and fill out some forms and get my finger prints taken. One of the forms I was given was an I-9. I was asked for my state drivers license and my social security card (which was issued when I came with my K-1, and the card states only authorized to work with DHS permission, or words to that affect).

Knowing what I do about the I-9, I asked the woman I was speaking to if she needed my EAD card, and she said she didn't and that the social security card and the DL were good enough to meet the document requirements to show that I "didn't get here illegally" (her words).

Now, I've filled out my section of the I-9, and because my AoS has not yet been approved, I've marked that I am work authorized until the expiration date of my EAD.

My question is, who is responsible for the documents used to establish employment authorization? Is it going to affect me if this woman is using documents that actually don't show my work authorization? Should I try and explain to her that she really does need to record the details of my EAD rather than any other combination of documents?
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Old Apr 18th 2008, 4:33 am
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Default Re: I-9 Documents, who's responsible?

Originally Posted by Knight View Post
My question is, who is responsible for the documents used to establish employment authorization? Is it going to affect me if this woman is using documents that actually don't show my work authorization? Should I try and explain to her that she really does need to record the details of my EAD rather than any other combination of documents?
There's little more stunning intelligence than HR departments. Perhaps the staff at the DMV could rival them....but it's a close call.

Don't fret it -- not your problem.
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Old Apr 18th 2008, 5:05 pm
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Default Re: I-9 Documents, who's responsible?

Originally Posted by Knight View Post
One of the forms I was given was an I-9. I was asked for my state drivers license and my social security card (which was issued when I came with my K-1, and the card states only authorized to work with DHS permission, or words to that affect).

Knowing what I do about the I-9, I asked the woman I was speaking to if she needed my EAD card, and she said she didn't and that the social security card and the DL were good enough to meet the document requirements to show that I "didn't get here illegally" (her words).
Sheesh, how do these people get their jobs.

1--She is not allowed to ask for specific documents from you; your DL and SS card (as you clearly see) don't do ANYthing to prove your permission to work unless you are a PR or USC (you then get a no legend SS card).

2-- She can't even follow the 2nd grade reading level instructions on the form itself?

You could offer her the Handbook for Employers
Instructions for Completing the Form I-9 (Employment Eligibility Verification Form)

and a newly completed copy of the I-9, filled in correctly *as you know it* which would be just as you say, with your EAD.

You can read the rest of this page for more info:

EMPLOYEE’S RESPONSIBILITY REGARDING FORM I-9

A new employee must complete Section 1 of a Form I-9 no later than close of business on his/her first day of work. The employee’s signature holds him/her responsible for the accuracy of the information provided. The employer is responsible for ensuring that the employee completes Section 1 in full. No documentation from the employee is required to substantiate Section 1 information provided by the employee.

EMPLOYER’S RESPONSIBILITY REGARDING FORM I-9
The employer is responsible ensuring completion of the entire form. No later than close of business on the employee’s third day of employment services, the employer must complete section 2 of the Form I-9. The employer must review documentation presented by the employee and record document information of the form. Proper documentation establishes both that the employee is authorized to work in the U.S. and that the employee who presents the employment authorization document is the person to whom it was issued. The employer should supply to the employee the official list of acceptable documents for establishing identity and work eligibility. The employer may accept any List A document, establishing both identity and work eligibility, or combination of a List B document (establishing identity) and List C document (establishing work eligibility), that the employee chooses from the list to present (the documentation presented is not required to substantiate information provided in Section 1). The employer must examine the document(s) and accept them if they reasonably appear to be genuine and to relate to the employee who presents them. Requesting more or different documentation than the minimum necessary to meet this requirement may constitute an unfair immigration-related employment practice. If the documentation presented by an employee does not reasonably appear to be genuine or relate to the employee who presents them, employers must refuse acceptance and ask for other documentation from the list of acceptable documents that meets the requirements. An employer should not continue to employ an employee who cannot present documentation that meets the requirements.


Is she were in Arizona, she'd be in a lot more trouble than not, but I'm guessing she is not.
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