Understanding and correctly completing Form I-9 is crucial for employers and foreign nationals working in the U.S. under the United States-Mexico-Canada Agreement (USMCA) and TN Visa status. This guide aims to demystify the process, focusing on the necessary documentation and employer obligations to ensure compliance without discrimination.
Completing Form I-9 for TN Visa Holders
For foreign nationals holding TN Visa status, Section 1 of Form I-9 requires one of the following:
- Alien Registration Number/USCIS Number: This unique identifier for non-citizens is crucial for those with it.
- Form I-94 Admission Number: Provided upon entry, this number tracks the terms of your stay.
- Foreign Passport Number and Country of Issuance: A valid passport from your country, paired with the country of issuance, suffices.
Authorization to Work in the U.S.: Combining Documents
To prove authorization to work, foreign nationals must present:
- List B Documents: A valid foreign passport is a joint List B document that verifies identity.
- List C Documents: The Form I-94 Arrival/Departure Record, among other List C documents, proves employment authorization.
Employer Responsibilities: Ensuring Non-Discriminatory Compliance
Employers play a pivotal role in the Form I-9 process. Key responsibilities include:
- Non-Discrimination: Employers must treat all employees equitably, regardless of citizenship, immigration status, or national origin. Discrimination in the document selection process is prohibited.
- Document Acceptance: An employer must accept any valid combination of List B and List C documents without dictating specific ones.
Social Security Number (SSN) Clarifications for Foreign Nationals
A common misconception is that an SSN is required for Form I-9 compliance. However:
- SSN Not Mandatory: Foreign nationals can complete Form I-9 without an SSN if they provide a valid combination of List B and C documents.
- Employer Requirements: Demanding an SSN before employment is prohibited unless the presented documents necessitate one.
Conclusion
Employers and TN Visa holders can ensure a smooth and compliant Form I-9 process by staying informed and diligently adhering to these guidelines. This ensures legal compliance without unnecessary complications.
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