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E-Verify uses Form I-9 data to verify the employment eligibility of the newly hired employees. If the Legal Entity (Company/Business Unit) is not enrolled in E-Verify, the requirements to complete Form I-9 is slightly different.
How are non E-Verify Legal Entities identified?
Since non E-Verify Legal Entities have no necessity to access E-Verify system, the DHS Client Setup is not required for them. The step to create DHS Client user ID and password to communicate with the USCIS E-Verify System is not needed.
How to fill Section 1 data for non-E-Verify Legal Entities?
In Smart Onboarding, New Hire fills Section 1 data only when I-9AutoFill property is set to OFF by the System Administrators in Product Preferences. For information on this property settings, please refer to I-9AutoFill page.
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Similarly, some of the other fields such as Middle Initial, Other Last Names Used, Apt. Number, Employee's Email Address, Employee's Telephone Number are optional. If you cannot provide information in any of theses fields, enter N/A. For details on optional fields, please refer Form I-9 Section 1 under New Hires Payroll and Taxes.
| Form I-9 Section 1 |
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How do non-E-Verify participating employers complete Section 2?
Non E-Verify participating employers hardly have changes in Section 2 activity. The employer must enter information for one document from List A OR one document from List B AND one document from List C. For acceptable documents list and procedure to complete Form I-9, please click here.
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Below example shows the difference in List B document titles displayed for minors when the legal entity is enrolled in E-Verify and not enrolled in E-Verify.
| Legal Entity enrolled in E-Verify - "Individual under Age 18" document title doesn't show in List B | Legal Entity not enrolled in E-Verify - "Individual under Age 18" document title shows in List B |
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Below example shows the difference in List B document titles displayed for Special Placement individuals when the legal entity is enrolled in E-Verify and not enrolled in E-Verify.
| Legal Entity enrolled in E-Verify - "Special Placement" document title doesn't show in List B | Legal Entity not enrolled in E-Verify - "Special Placement" document title showing in List B |
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How do you attach copies of the New Hire's documents in Section 2?
r The accptable document list is avaialble under
There are hardly any changes in Section 2 activity is similar unless the New Hire is a minor or special placement individual.
re is not much change in the procedure to complete Form I-9 Section 2 except Completing Form I-9 Section 2 for minors (under age 18) and individuals with special placements (disability) is slightly different when they are unable to provide identity document for Form I-9..
Like others, minors and disabled individuals can present any of the document(s) from the list of acceptable documents that show their identity and employment authorization. They can present document from List A or from List B and List C based on the availability. If they are unable to present any of the above acceptable identity documents for Form I-9, then fill out the form choosing "Special Placement" / "Individual under Age 18" document titles that are specifically provided under List B. These options are available under List B only when the legal entity is not part of the E-Verify System. In this cae, they must still present one of the documents from List C that establish their employment authorization.
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