As reported on the Hunton Andrews Kurth Business Immigration Insights blog, as employers throughout the United States increasingly move to remote work arrangements for employees, they are confronted with challenges in completing Form I-9. An employer must inspect an e employee’s original identity and employment authorization documents in the physical presence of the employee within 3 business days after employment begins.
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Federal law requires employers to only employ individuals who are eligible to work in the United States. The U.S. Department of Homeland Security, in partnership with the U.S. Social Security Administration, has implemented an “E-Verify” system that allows participating employers to verify eligibility in a quick and cost-efficient manner. E-Verify is a free, federal database that compares information submitted by employees to Social Security and Homeland Security records. Employers who use E-Verify can quickly identify and reject persons who are ineligible to work in the United States.  Once employers hire workers, they process their information through the E-Verify database. If the submitted records match, the new employees are eligible to work. If the records do not match, the database notifies the employers, who must then give the worker eight days to provide sufficient proof of eligibility.


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