Help with form I-9 info?

Question

if you think someone that applied for a job may be undocumented? how do I find out? after the employee filling from I-9 how long does it take to find out? what if they are hired before we get the papework info? I don't wanna end up in trouble for discrimination before I find out ..... just curious

Answer 1

I have no idea why your question is under Computer programming but the I-9 Form is simply the form you should have every applicant fill out along with the required proof of identification.  You do not submit this form to anyone.  It's for your files only.  Since you don't submit it, there's no way to answer the question of "how long does it take to find out".   Also do not hire anyone until they fill out that form.  Make it standard procedure just like filling out the W-4 for tax withholding.  Until they fill out the form, do not let them start working.  Simple as that.

What is supposed to happen is the applicant must provide you with proof of their identity (page 2 of form shows the required ID's you should check).  Assuming the applicant has valid proof, then you have to assume they are legally able to work at your company.  

If the applicant has fake ID's and they are so good that you can't tell the difference, then there isn't a lot you can do about it short of running a full background check through a background checking company.  But to cover your behind, it would be a good idea to make photocopies of the ID's they present to you as their proof and attach it to the form and keep in the form in their personnel file.  That way if something ever comes up, you can show that you made a good faith determination that the person was legally able to work in the USA.  

To avoid discrimination claims, simply require an I-9 on EVERY applicant regardless of who they are.  Even if your mother applies for a job, require her to fill out an I-9 form.  If you only have people from a certain background, say Mexicans or Asians or whatever,fill it out, you're discriminating against them.