1. What is the impact of priority dates on employment eligibility verification?

Priority dates are used to determine an applicant’s eligibility for certain types of U.S. work visas, such as the H-1B visa. U.S. Citizenship and Immigration Services (USCIS) uses priority dates to keep track of applicants. Once the priority date is reached, the applicant may begin the employment eligibility verification process. During this process, employers must verify the identity and employment authorization of their new employees. This includes completing Form I-9, Employment Eligibility Verification, which requires providing valid documentation that proves the applicant has legal authorization to work in the U.S. Priority dates are important in determining the timing of this verification process and how quickly an applicant can start working for a U.S. employer.

2. How does a priority date affect an employee’s ability to work in the US?

A priority date affects an employee’s ability to work in the US by determining the order in which their visa petition is processed. Generally, only when a priority date is current (meaning it is before the date established by the Department of State for that particular visa category) will the visa petition be approved and the employee be allowed to work in the US.

3. How does the priority date affect an employer’s ability to verify employment eligibility?

The priority date affects an employer’s ability to verify employment eligibility in that it establishes the minimum date on which employers may begin to file permanent labor certification applications with the U.S. Department of Labor (DOL). Employers must wait until the priority date is current before they can file a labor certification application. This means that employers must wait until the priority date is current before they can petition for workers with permanent work visas, such as an H-1B or L-1 visa. The priority date also affects employers’ ability to demonstrate that they have attempted to hire U.S. workers for positions they are seeking to fill with foreign workers. In order to prove that they have attempted to hire U.S. workers, employers must show that their labor certification applications have been timely filed and that any necessary recruitment efforts were completed before the priority date became current.

4. How do priority dates affect the Form I-9 Employment Eligibility Verification process?

Priority dates do not affect Form I-9 Employment Eligibility Verification process. Form I-9 Employment Eligibility Verification is a process used by employers to verify the identity and work eligibility of new hires. Employers must use Form I-9 to document the completion of I-9 requirements, including the presentation of a valid List A or List B document and the completion of a Section 2 Employer Review and Attestation section. Priority dates are related to immigration law and are used to determine when a person may be eligible for certain immigration benefits.

5. Does a priority date impact the time needed for Form I-9 Employment Eligibility Verification?

No, the priority date does not impact the time needed for Form I-9 Employment Eligibility Verification. The Form I-9 must be completed and submitted within 3 business days of the employee’s start date.

6. Does changing the priority date on Form I-9 require a new form to be completed?

Yes. If you need to change the priority date on Form I-9, you must complete a new Form I-9 with the updated information.

7. What documents should employers use to verify employment eligibility based on priority dates?

Employers should use documents from List A, B, or C of the I-9 Form (Employment Eligibility Verification) to verify the employment eligibility based on priority dates. List A includes documents that establish both identity and employment authorization, such as a U.S. Passport or Permanent Resident Card. List B includes documents that establish identity only, such as a driver’s license or state identification card. List C includes documents that establish employment authorization only, such as an Employment Authorization Document (EAD) or Social Security card.

8. Can a priority date be used to determine an employee’s start date for Form I-9 Employment Eligibility Verification?

No, the priority date cannot be used to determine an employee’s start date for Form I-9 Employment Eligibility Verification. The priority date is the date the foreign national’s application for an immigrant visa was filed with the Department of State. An employee’s start date should be determined based on the employee’s evidence of work authorization, such as a passport, driver’s license, or social security card.

9. Are there any restrictions on which priority dates an employer can use for Form I-9 Employment Eligibility Verification?

Yes, employers must use either the date of hire or the date of the immigrant’s last entry into the United States, whichever is later, as the priority date for Form I-9 Employment Eligibility Verification.

10. Do employers need to update their Form I-9 Employment Eligibility Verification when the priority date changes?

No, the priority date does not need to be updated on the Form I-9 Employment Eligibility Verification. The Form I-9 is used to verify that an employee is authorized to work in the United States and does not need to be updated when the priority date changes.

11. Are there any special requirements when using priority dates for Form I-9 Employment Eligibility Verification?

Yes, when using priority dates for Form I-9 Employment Eligibility Verification, employers must ONLY use the priority dates set forth by the U.S. Department of State on the Visa Bulletin. Employers must also ensure that they pay attention to the expiration date of each priority date, as these may change from month to month. Additionally, employers must ensure that they properly document the priority date used for each Form I-9.

12. Does an employer need to keep track of all employees’ priority dates for Form I-9 Employment Eligibility Verification?

Yes, employers must keep track of the Priority Dates for all employees who have provided Form I-9 Employment Eligibility Verification. The priority date indicates the earliest date that a new hire may begin employment. Employers must ensure that all employees’ priority dates are up-to-date and accurate in order to comply with immigration regulations.

13. Are there any other considerations employers should be aware of when using priority dates for Form I-9 Employment Eligibility Verification?

Yes, employers should be aware of the following considerations when using priority dates for Form I-9 Employment Eligibility Verification:

• Priority dates are not required for all employees and should only be used when necessary.

• Priority dates should only be used for employee’s with pending or approved immigration status, such as those with pending or approved green cards, work authorizations, or visas.

• Employers must keep accurate records and update priority dates as needed.

• Employers must also ensure they are compliant with all applicable laws and immigration regulations.

• A priority date does not guarantee an employee’s eligibility for employment and does not replace the need for a valid and unexpired document or documents that establish work authorization.

14. How can employers ensure that the information they collect on Form I-9 reflects the employee’s correct priority date?

Employers can ensure that the information they collect on Form I-9 reflects the employee’s correct priority date by thoroughly verifying the documents presented to them for completion of the form. Employers should also refer to any additional records kept on the employee’s hire date, such as offer letters, hiring paperwork, or other relevant documents.

15. What is the best way for employers to update their Form I-9 Employment Eligibility Verification when the priority date changes?

The best way for employers to update their Form I-9 Employment Eligibility Verification when the priority date changes is to complete a new Form I-9 with the updated information. Employers should also ensure that they retain the original form and any supporting documentation.

16. When is it appropriate to enter a priority date on an employee’s Form I-9 Employment Eligibility Verification?

The priority date should only be entered if the employee is applying for a green card and has already obtained an approved labor certification or an approved Form I-140, Immigrant Petition for Alien Worker.

17. What is the best way for employers to ensure that their Form I-9 is in compliance with the latest regulations regarding priority dates and employment eligibility verification?

The best way for employers to ensure that their Form I-9 is in compliance with the latest regulations is to use a Form I-9 compliance software. By using a software program, employers can ensure that their Form I-9 is up-to-date and in compliance with the most recent regulations. Additionally, employers should also attend compliance training programs to stay informed of any recent changes and updates to the Form I-9 regulations.

18. Can employers use other documents such as a passport or driver’s license to verify employment eligibility based on a person’s priority date?

No, employers may not use a passport or driver’s license to verify employment eligibility based on a person’s priority date. This must be done using specific forms provided by the U.S. Citizenship and Immigration Services (USCIS).

19. How can employers track employee priority dates when verifying employment eligibility through Form I-9?

Employers should keep copies of all documents required for Form I-9 in a safe and secure location. Employers should also keep detailed records of all employee priority dates and use them when verifying employment eligibility. This can be done manually or electronically through dedicated software.

20. Are there any penalties for failing to properly enter a priority date on an employee’s Form I-9 Employment Eligibility Verification?

Yes, if an employer fails to properly enter the priority date for an employee’s Form I-9 Employment Eligibility Verification, they may be subject to civil fines and/or criminal penalties.