Documents Received
We have received the suspect identification documents and our review will begin promptly. You should receive our assessment by email within 24 hours.
Whether completing Form I-9 for a new hire or reverifying an employee’s expiring work authorization document, an employer is required to accept and view original identification documents that reasonably appear to be genuine and to relate to the individual presenting the document. The employer is required to complete the I-9 correctly and may review (audit) and correct forms as needed, for as long as the I-9 is required to be retained, to ensure that they remain compliant. If an employer subsequently concludes that a document does not appear to be genuine or to relate to the person who presented it, the employer is required by law to correct the deficiency. An employer may designate an authorized representative to complete, review, correct or update Form I-9 at any point in the form’s life cycle.
Employers must follow a specific process when deciding to hire or terminate an employee based on the authenticity of ID documents. That process is described below.
About Our Assessment
Our assessment of each document will include one of four responses. When we believe that a document is fraudulent or altered, we will describe the evidence upon which we based our finding.
Believed Valid
Our review did not identify any articulable evidence of fraud or alteration. (Our review cannot confirm that a document is valid.)
Believed Fraudulent
Our review uncovered one or more articulable indicators of a fraudulent or altered document. We will list the indicators of fraud in detail.
Unable to Review
We were unable to provide an assessment, usually because:
- the document image is illegible (blurry; a fax or photo copy; black and white image; etc)
- the document copy is incomplete (edges cropped);
- the document is a copy of a copy;
- a document side is missing.
Not a Reviewable Document
The document is not one that is included in the Lists of Acceptable Documents or otherwise related to Form I-9 (Form I-797A,B,C; Form I-20; Form I-94; etc)
How to Use Our Assessment
The U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) caution against making document-related employment decisions based solely on a review of identification document copies.
While we are experts at detecting fraudulent, counterfeit, and altered identification documents you, the employer, have sole responsibility for completing, updating, and retaining Form I-9 correctly. Not only do you have access to the employee’s actual ID documents but you may use any information at your disposal including that provided by experts to determine whether or not ID documents presented by an employee are acceptable.
How to Handle Fraudulent Documents
The USCIS, ICE, and the U.S. Department of Justice (DoJ) have published a loose set of recommendations that should be followed when fraudulent documents are presented by an employee or discovered later in an I-9 review.
If we return a “Believed Fraudulent” response:
- First, make our assessment your own! Confirm our findings by meeting with the employee to view the actual ID document. (If the ID document is no longer available, you should require the employee to present an alternative document.)
- If you conclude that the identification document is indeed fraudulent or altered, you must provide the employee with the opportunity to present a different document.
- The employee may present the same document that was presented at hiring unless you have concluded, following a physical examination, that the suspect document is obviously fraudulent and may not be used again for Form I-9 purposes.
- How much time you give an employee to present documents must be reasonable and based on specific circumstances. An employer should consider the reasons for an employee’s inability to present acceptable documentation and determine whether an extended period of time would be appropriate. An employer should be sure to allow or disallow additional time based on objective nondiscriminatory and non-retaliatory criteria and without regard to an individual employee’s citizenship status or national origin. The employer should document the basis for its decision and continue to document the efforts of the employee to obtain acceptable Form I-9 documentation.
- If the employee is able to present acceptable alternative documents, you should correct the form. Specifically:
- If you can be reasonably assured that the employee’s identity as described in Section 1 of the original form is true, you can complete a corrective Section 2 only. Attach the correction to the original form with a signed and dated explanation of the additional page.
- If the employee admits that s/he was hired under a false identity but is now work-authorized under his/her true identity, complete the full I-9 with the employee. You are not required to terminate the employee under this circumstance but may do so if the employee’s actions violate an honesty policy or other term of employment.
- Attach any additional I-9 sections, ID document copies, and related documents to the original I-9. Do not discard any previous I-9, document copies, etc.
Additional Notes
- Fully document your actions and communications with the employee in writing. A detailed record of your actions can help protect your company should a terminated employee file a complaint with a government agency. All such documentation should be associated with the I-9 and retained for as long as the form is required to be retained.
- When you have the opportunity to view ID documents, take a clear photo of front and back with a smartphone. Do not rely on a copying machine; photocopies are usually not legible and are practically useless when determining whether or not the document is valid.
- If the employee quits after being contacted, you should attach to the existing form a signed and dated statement identifying the error or omission and explain why corrections could not be made (e.g., because the employee no longer works for the employer).
We are Here to Help!
You are welcome to contact us if you have more questions about our response. We also offer premium support options including a scheduled call with an I-9 Specialist or unlimited email and phone support for your entire HR staff.
Now, the required disclaimer: We are an Employer Agent of the E-Verify program and Form I-9 consultant. We are NOT the E-Verify program nor any government agency. Although we are very experienced in the law and regulations regarding Form I-9, the information that we have provided is not legal advice, neither expressed nor implied. You should consult with legal counsel or the appropriate government agency before acting on this information or for any employment law matter. Our assistance to you today does not create an agency or other business relationship where one does not already exist.
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