Does USCIS check I-9? (2023)

Does USCIS check on the I-9 form?

Officials from the Department of Homeland Security, employees from the Immigrant and Employee Rights Section (IER) at the Department of Justice, and employees from the Department of Labor may inspect an employer's Form I-9, Employment Eligibility Verification.

Yes. You may be subject to criminal charges if you lie or present false documents for Form I-9. me unfairly based on my national origin or citizenship status? For questions about Form I-9, call U.S. Citizenship and Immigration Services (USCIS) at 1-888-464-4218.

The range of possible penalties is regularly increased and now stands at: For 1-9 paperwork violations in 2022, the penalties range from $252 to $2,507 for the first offense for substantive violations or uncorrected technical errors. The range is $1,161 to $2,322 for second and subsequent paperwork offenses.

The employee must also present their employer with acceptable documents as evidence of identity and employment authorization. The employer must examine these documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee's Form I-9.

A.

USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks. The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI).

Scanning: The Lockbox facility scans all documents that are mailed in with a petition or application, with the exception of the documents mailed in with a Form I-140 or an Immigrant Petition by Alien Entrepreneur (Form I-526).

The employer must physically examine the documentation establishing identity and employment authorization that the employee presents. Originals (not copies) must be examined. The one exception is the birth certificate, which can be a certified copy.

Employers do not enter the approved documentation on the I-9 form. Employers fail to sign the Certification. Employers fail to enter the specific document number, expiration date, issuer, or title on the I-9 form. Employers do not enter the initial date of employment.

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and "silent raids" by ICE.

Employees who cannot produce documentation to complete the Form I-9 within three days of hire must not work or be paid. If documentation is not produced by the end of the third day, employees must not be permitted to work.

How long does it take to verify I-9?

Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.

The USCIS will check an applicant's work history.

You will need to list the employers' names, addresses, your position, and start and end dates. During the USCIS background check, the FBI will work to ensure that all of your information is correct. You never want to put down false information on your application.

Normally, upon a successful background check, the onboarding process begins. This typically includes new hire paperwork, acknowledgment of company policies, and for the new hire to complete the Employment Eligibility Verification form commonly known as the Form I-9.

The I-9 form, or Employment Eligibility Verification, is a form for U.S. Citizenship and Immigration Services (USCIS) document used by an employer to verify an employee's identity and employment eligibility in the United States.

The employer may authorize anyone (except the new hire himself) to review the I-9 form and identification documents; describe the documents on the form; and complete the Section 2 Certification.

This includes administrative, applicant, criminal, personnel, and other files compiled by law enforcement. The initial response to this check is supposed to only take two weeks, but it can take over a year due to the large backlogs. If no match is found, your immigration application can proceed.

USCIS conducts background checks to investigate green card applications, including marriage green cards. This process involves several elements, including fingerprinting and name-checks, to see if applicants have committed any crimes or are listed on an abuse registry.

You may be wondering how will the USCIS know that you're working without authorization. In many cases, they will know through your tax returns, resume, or visa support letter. In addition, the government is increasingly searching the internet for evidence of unauthorized employment.

AAO appellate review: The AAO strives to complete its appellate review within 180 days from the time it receives a complete case record after the initial field review. Some cases may take longer than 180 days due to factors beyond the AAO's control.

Unlike other law enforcement, border authorities don't need a warrant to search your device. They may conduct a basic search — in which they scroll through your device inspecting texts, photos or anything else they can easily access — even if they don't suspect you of wrongdoing.

Does USCIS check your phone?

No, USCIS does not have the authority to go through a persons phone. USCIS is a service agency and only has the authority to assign immigration statuses and investigate if the paperwork is genuine and viable. They cannot go through your phone as such.

The federal government doesn't care if the form is completed by a spouse or other family member; just that it be completed correctly and legally. Further, a person's title or lack of connection to your employee does not guarantee an error-free Form I-9.

Employees must complete every applicable field in Section 1 of the Form I-9 with the exception of the fields requesting the employees' telephone number, e-mail address, and Social Security number. However, an employee must enter his or her Social Security number if the employer participates in E-Verify.

Among the reasons the U.S. government might deny an immigrant visa or green card are its own error (or yours, in completing the paperwork), concern that you are a security risk, inadmissibility for health or criminal reasons, a finding that you are likely to become reliant on government assistance, and more.

Usually, they will cash your check and if you want to appeal that decision, or re-apply, you will need to resubmit another fee. A denial is less positive for you. You probably got a receipt number and USCIS will keep this denial in your file and it will be considered with any other applications.

If your case was denied, you can challenge the unfavorable decision by filing an appeal with the Board of Immigration Appeals (BIA), the highest administrative court, which reviews immigration court decisions. Subject to certain exceptions, an appeal to the BIA must be filed within 30 days of the negative ruling.

Nearly 6,000 employers were I-9 audited in 2018, and some expect that number to shake out closer to 10,000 when the figures come in on 2020. $14 Million in fines were issued in 2019 for Form I-9 violations.

If your company is subject to an I-9 compliance inspection, it is imperative to ensure all I-9 forms are in order and accurately filled out. Due to the importance of I-9 compliance, it is recommended that employers conduct their own I-9 audit bi-annually.

On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of the documentation required for a Form I-9 when a workforce is working remotely.

When completing Form I-9, Employment Eligibility Verification, you, as the employer, must make the complete instructions to the form and the Lists of Acceptable Documents available to newly hired employees. Your employees must complete and sign Section 1 of Form I-9 no later than their first day of employment.

Can an employee complete their I-9 alone?

Employees cannot act as authorized representatives for their own Form I-9. Therefore, employees cannot complete, update or make corrections to Section 2 or 3 for themselves or attest to the authenticity of the documentation they present.

An SSN is not required to complete the Form I-9 employment authorization verification UNLESS the employer participates in E-Verify, however E-Verify rules specifically prohibit employers from delaying an employee's start date until a Social Security Number is received.

An Employer can complete an I-9 without the Employee's Social Security Number. However, the I-9 will be returned as a SSN Applied For with the status of “The current I-9 is not eligible for verification through E-Verify”.

Some hiring managers do it themselves, reaching out directly (typically via phone) to your current or previous employers to request official verification. Alternatively, employers may use professional background screening firms and/or an employment verification service such as The Work Number® from Equifax.

USCIS will review your tax returns (for any relevant years) to confirm that they were filed jointly. After two years as a conditional resident, you'll need to file Form I-751, Petition to Remove Conditions on Residence.

Once you have sent us a list of confirmed references, we will contact each of them by email.

What causes a red flag on a background check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.

E-Verify is an internet-based system that compares information from your Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) to confirm that you are authorized to work in the United States.

How long does it take to process an I-9?

For most employees, the process will take less than one business day to complete, once the I-9 form has been sent to Simplei9.com.

The I-9 form, or Employment Eligibility Verification, is a form for U.S. Citizenship and Immigration Services (USCIS) document used by an employer to verify an employee's identity and employment eligibility in the United States.

The USCIS will check an applicant's work history.

You will need to list the employers' names, addresses, your position, and start and end dates. During the USCIS background check, the FBI will work to ensure that all of your information is correct. You never want to put down false information on your application.

Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.

Normally, upon a successful background check, the onboarding process begins. This typically includes new hire paperwork, acknowledgment of company policies, and for the new hire to complete the Employment Eligibility Verification form commonly known as the Form I-9.

Your name will be checked against various databases of known criminals or suspects, including the FBI's Universal Index, to check whether there is a match. This includes administrative, applicant, criminal, personnel, and other files compiled by law enforcement.

Rest assured, we typically return results for the average background check within 24-72 hours, though some checks may take a bit longer, depending on a number of factors beyond our control.

Work visas

Not all H-1B visas require previous work experience, but U.S. Citizenship and Immigration Services (USCIS) will still need to review your complete employment history. So, they ask to review evidence, including previous résumés and an employment verification letter.

Once you do and get fingerprinted, background checks usually take six to eight weeks, maybe 12 weeks. Now, they will give you that as a response for months and months. They'll tell you about the USCIS background check delay or security check long after the case is over. And that can be frustrating for people.

Employees who cannot produce documentation to complete the Form I-9 within three days of hire must not work or be paid. If documentation is not produced by the end of the third day, employees must not be permitted to work.

Can I-9 verification be done remotely?

On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of the documentation required for a Form I-9 when a workforce is working remotely.

If you have a history of unpaid debts and even bankruptcy, it could disqualify you from some federal employment positions. The exact outcome is determined on a case by case basis. If your application process reveals inconsistencies, this could disqualifier from federal employment.