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The I-9 form is required to be completed for every new employee who is hired regardless of race or nationality. The I-9 is likely to remain a key document in any future immigration reform program, however we can anticipate changes that will include integration with E-verify and other existing and new electronic compliance program.
The U.S. Citizenship & Immigration Services (USCIS) provided detailed instructions and a handbook for compliance with the I-9 laws. These instructions are not always easy to understand and do not cover every situation which may result in errors and potential employer liability. Failure to understand the I-9 compliance rules can result in unnecessary delays in the hiring process, rejection of otherwise qualified employee applicants and improper termination of employees who may in fact be authorized to work. The legislation that introduced the I-9 also provided protections for employees in the work place from employment discrimination on account of race.
E-Verify is a Department of Homeland Security USCIS program, which is mandatory for some employers and, at present, optional for others. It allows employers to prescreen prospective employees with the Government database, to insure that the person applying for employment is authorized to work.
Future immigration reform legislation is likely to make E-verify, or a similar program, mandatory for all employers.