Workplace compliance in Georgia: what you need to know about i9

If you’re an employer in Georgia, then you already know that compliance with the law is extremely important. In fact, the U.S. Citizenship and Immigration Services (USCIS) requires that any non-citizen applying for employment authorization prove they have completed Form i9 and workplace compliance within three business days of being hired—including any employee working on an H-1B visa or visa extension application, regardless of their country of origin or date of hire.

Why i9 Is Important

After receiving a letter of approval from DHS, your company will be considered an approved participating employer. As such, it will be required to conduct I-9 inspections on a recurring basis. If a violation is discovered during one of these inspections, your business could face stiff penalties. Moreover, it's better for both employees and employers alike if proactive measures are taken instead of waiting for government agencies to intervene. For more information on how workplace compliance in Georgia can help you avoid financial and legal issues with DHS, visit our website today!

How to Complete the Form I-9, Employment Eligibility Verification

In order to complete your Form I-9, employers are required by law to verify that all new employees are authorized to work in the United States. To do so, we provide each new employee with a list of acceptable documentation for completing Section 1 of Form I-9. The list consists of both documents issued by federal or state governments as well as employer-provided paperwork. For instance, if an employee presents a passport and social security card, an employer should accept both because they're valid forms of identification under Section 2 of Form I-9. But if an employee presents only a picture ID from their home country along with a foreign driver's license and no other documents, only one should be accepted because it's enough proof that they're legally able to work in America.

 

Creating an Affidavit of Support

Understanding I-864, I-134, and Affidavits of Support. If your prospective immigrant is coming from a country that is not a participant in CIR, then he or she must provide evidence of sufficient financial standing. The U.S. government does not have a specific formula for i9 and workplace compliance determining whether an immigrant has sufficient financial standing; rather, it focuses on several key factors (including income and assets) when reviewing an immigrant’s application for legal permanent residency. The following guide will take you through some of these key factors so that you can better understand how they impact your own case and can start working on your affidavit of support paperwork sooner rather than later!

Completing the I-129, Petition for Alien Worker

What exactly goes into filling out an I-129, Petition for Alien Worker? Sure, there are only three primary fields (name of petitioner, name of beneficiary and place of employment) but when it comes to filling out government forms—things get complicated. Before you start to fill out your I-129 form, make sure that you have all information in front of you and double check everything for accuracy. There’s nothing worse than being surprised with a missing or incorrect entry on your petition. It could cause a delay or even rejection of your petition which means more time wasted. Do yourself a favor and read through our handy guide on how to fill out each section correctly!

Being Ready on Day One – Form I-94, Arrival/Departure Record

If a citizen of Canada or Mexico with Permanent Resident status is being sponsored by an employer, they may be eligible for a special class of visa (Form I-94) that allows them to work for their sponsor until they receive their Green Card. Upon receipt of a Green Card, they will be required to fill out Form I-539 and apply for Employment Authorization through USCIS. This can take 6 months or more so it is best to get started as soon as possible. Working on an unexpired visa without employment authorization can lead to fines and/or imprisonment. Many small business owners forget that it takes between 6-12 months on average for a new hire’s background check results to come back from FBI and other government agencies.

Working with a Lawyer to Start Your Small Business or Hire an Employee (Optional)

This is an optional step. Hiring a lawyer early on may make sense if you're planning on establishing a corporate entity for your business or hiring employees (that's above and beyond your typical client or contractor relationships). It can be helpful for various reasons—from establishing appropriate employee-employer relationships to drafting contracts—and just helps with laying out a solid foundation from which to build from. However, remember that many lawyers operate by charging an hourly rate; they won't help develop your business plan or advise on finances and growth strategies. Be sure you understand their role in relation to those matters before signing anything.

Filing Forms I-539, Change of Status; I-765, Application for Employment Authorization; and G1041, EAD Supplement.

The vast majority of non-citizens looking to change their status will file for either employment authorization or an extension on their work visa. Before filing for these documents, it’s a good idea to call your local USCIS office and confirm that you are eligible (i.e., have not exceeded their 180-day limit on continuous employment) and that there is no quota on your particular category (if applicable). Certain categories may be subject to a fee. After confirming eligibility, it’s time to file I-539, along with supporting documentation such as Form I-797 Notice of Action (formerly known as a receipt notice), which tells you when your application was received by USCIS; Form I-765 Application for Employment Authorization; and G1041 EAD Supplement.

 

Registering your business with Dun & Bradstreet (optional)

The Dun & Bradstreet D-U-N-S number is a 10-digit identification number that provides companies with a unique identifier used for business identity validation and tracking. This helps businesses maintain trustworthy reputations and grow their business. Registering your company's DUNS number is optional, but highly recommended because it gives your company credibility with customers. The first nine digits of a DUNS Number are assigned by Dun & Bradstreet, Inc., and can be obtained free of charge at its website. Your company must register with Dun & Bradstreet before it can receive its DUNS Number.