i-9 documentation

js

i am having trouble finding information on this...
the dol suggests comparing "signatures, date of birth, and "A numbers" or social security numbers of compared documents to test for genuinety. But it also states to make sure that "date of birth or date of issue" are consistant from one document to the other-- without mentioning signatures.
question: does the last name on the identity item (such as driver license, for example) have to match the last name on the eligibility item (such as social security card?). I would not think so due to divorce, marriage, etc. Besides, half of everybody do not have the same last name on birth certificate as driver license.
but if they do not have to match, how can i reasonably try to look at these things for genuinety? we are in a state that does not require a social security number be on the driver license-- so then neither the name or social security number can be relied on.

Dianna

I always go by the Certification paragraph on the I-9 form, which states that you have examined the documents and that the appear to be genuine and to relate to the employee named. It is your responsibility to see if the employee's documents appear valid. The INS Handbook for Employers advises that you must accept documents that reasonably appear to be genuine and to relate to the person presenting them. To do otherwise may be considered unfair immigration-related employment practice and therefore illegal. Also, if the documents do not reasonably appear on their face to be genuine or to relate to the person presenting them, you must not accept them.

We have had situations before where we have made offers to employees, they fill out the necessary paperwork for our required drug screens and background checks, and the social security number they list comes back as having had a death claim filed for it - so a lot of the "genuineness" will come out in the scope of normal pre-hiring practices. You may accept an expired United States passport and an expired document from List B.

As far as different names are concerned, as long as you can verify that it is the same person, there shouldn't be a problem. However, you might want to encourage those who have not yet changed their Social Security Cards to get them changed to their new names, or they may very well have difficulty later on.

Hope that helps.

gujavarty

Kathryn,

I would be interested in seeing the DOL guidance you mentioned in your initial quote. I am unaware of DOL policy regarding I-9 forms. Please fax to 206-340-9599 if you have it handy.

Normally, INS has jurisdiction over ensuring I-9 compliance. If DOL and INS are giving you differing directions, since INS has primary jurisdiction over these forms, it's probably best to defer to their instructions.

Shalini

js

I am sorry, I did not mean DOL, I meant INS. I just
was careless by being busy.