As a result of receiving a so-called “no match letter” from the Social Security Administration, employers occasionally learn that the Social Security number stated by an employee during the hiring process does not match the information reflected in the Social Security Administration’s records. Employers should generally accept documents offered by a new employee to demonstrate his or her right to work unless they have a specific and substantial reason to believe the documents are invalid.Īddress Mismatched Social Security Numbers ProperlyĪpplicants often use their Social Security numbers to establish their eligibility for employment. Employers must complete Section 3 of the form only when they re-hire an employee or re-verify an employee’s right to work after a previous authorization has expired. Employers must complete, sign and date Section 2 of the form no later than the employee’s fourth day of employment. Employers can use E-Verify, however, to check the status of applicants who have received a conditional offer of employment (i.e., an offer conditioned on the employee presenting proof of his or her right to work in the United States).Ĭomply With I-9 Rules at the Time of HireĮmployees must complete, sign and date Section 1 of Form I-9 by their first day of employment, but not before accepting their offer of employment. Currently, the law requires only certain federal contractors and subcontractors to utilize the E-Verify program.Ĭalifornia law prohibits employers from using E-Verify to check the status of existing employees or applicants who have not received an offer of employment, unless doing so is required by federal law or as a condition to receiving federal funds. As we await additional clarity on these issues, employers should continue to comply with existing law and follow the general guidance below.Ĭalifornia Employers Should Not Use E-Verify to Pre-Screen Applicants Unless Required To Do SoĮ-Verify is a free, web-based program operated by the Department of Homeland Security and the Social Security Administration that compares information from Form I-9 with information stored in federal databases to verify eligibility for employment. The manner in which the federal government will address undocumented workers and I-9 compliance remains uncertain, and the timing of further developments is similarly uncertain. The California Legislature has adopted resolutions against the use of state data (such as Department of Motor Vehicles records) by federal authorities for deportation proceedings. President-elect Trump has suggested that he will seek to identify and potentially deport undocumented workers, and may seek to require all employers to utilize the E-Verify program to confirm that newly hired employees are legally authorized to work in the United States.
Financial Institutions & Creditors' Rightsįederal law requires employers to verify a new employee’s right to work in the United States using the Employment Eligibility Verification form, commonly known as Form I-9.Discrimination, Harassment, and Abusive Conduct.
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If you need to correct or update information at the Social Security Administration, do so several days before you apply for a Driver's License or ID card. You do not have to document a complete listing of all the names you may have previously used, as long as the documents you provide clearly connect the two. In all cases, the documents must connect the name shown on your birth certificate or other document used to establish identity and date of birth to your current name. A church, chapel, or similarly issued certificate is not acceptable. The marriage certificate must be issued by a state office of vital statistics or equivalent agency in the state or country where you were married and must be a certified copy with a stamp or raised seal of the issuing authority. It must be a certified copy and have the stamp or raised seal of the issuing court.
The court order must contain your prior full legal name, your court-ordered full legal name and your date of birth.
If your name is different than the one shown on your birth certificate or other document used to establish identity and date of birth, you must provide certified copies of the legal documents that connect the name on the document used to establish identity and date of birth to your current name.