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I-9 Definitions
Admission
A foreign national is admitted to the United States once he or she has
been (a) inspected (or interviewed) by an immigration officer at a port-of-entry
and (b) authorized to enter the United States in a particular immigrant or
nonimmigrant status.
Authorized Stay
A person's authorized stay is the time during which he or she is permitted
to remain in the United States. The I-94 card shows the duration of the authorized
stay indirectly; the INS officer inspecting the foreign national entering
the United States will write the last day of the authorized stay after the
word "until" on the card.
Date of Hire
The date of hire is the date a person actually begins providing services
or labor in exchange for wages or other remuneration. Thus, a person is "hired"
(for purposes of completing a Form I-9) on the first day of work, not the
day of acceptance of a job offer.
Documents Evidencing Employment Authorization
The INS issues a number of different documents to evidence employment
authorization. These documents are INS Forms I-688, I-688A, I-688B, and I-766.
I-94 Cards
An I-94 Arrival-Departure Card is probably the most important document
a foreign national holds while he or she is in the United States. It is more
important that the visa, because the visa only shows the status for which
the foreign national was eligible to apply at the border. A person may have
many visa, depending on how many times he or she has entered the United States.
The I-94 card shows the immigrant or nonimmigrant status actually granted
to foreign national. The status held by a person determines the activities
in which the foreign national may engage while in the United States and the
duration of the authorized stay in the United States.
Overdocumentation
Employers are prohibited from requesting "more or different"
documents from employees for I-9 purposes. This means employers cannot (a)
refuse documents simply because they want to see different documents (unless
they have reason to believe that the documentation is fraudulent or does not
apply to the employee in question), (b) ask to see specific documents, or
(c) ask to see additional documents, such as by reviewing more than the minimum
documents permitted for I-9 purposes: one List A document, or a combination
of one List B document and one List C document. Employers who overdocument
employees may be fined by the Office of Special Counsel. Fines range between
$100 and $1000 for overdocumentation occurring before March 15, 1999, and
between $110 and $1,100 for overdocumentation occurring on or after March
15, 1999.
Overstay
A person overstays when he or she remains in the United States past the
expiration of his or her authorized stay. A person who has overstayed is also
unlawfully present in the United States.
A person who overstays by as little as one day must, from that time on, obtain
all visas from the U.S. Consulate at his or her home country. The person will
no longer be able to apply for a visa in neighboring countries such as Canada
or Mexico. For most people, this consequence is not serious. However, for
nationals of countries far distant from the United States, such as India,
China or Russia, where the U.S. Consulates are badly overworked and backlogged,
and where visa applications are subject to higher scrutiny than at other Consulates,
this penalty may be quite serious.
Port-of-Entry
This is a place where a foreign national may gain entry to the United
States, such as an international airport, or border-crossing between Canada
or Mexico and the United States.
Status
Foreign nationals can hold:
(1) immigrant status, which means they intend to reside in the United State
permanently. This is also called permanent resident status. It is evidenced
by Alien Registration Cards, also called "greencards", so immigrants
are sometimes also called greencard holders.
(2) nonimmigrant status, which means that they may reside in the United States
only temporarily. Most nonimmigrant statuses are valid for less than seven
years.
Unlawful Presence
A person is unlawfully present in the United States is he or she:
(1) illegally entered the United States; or
(2) overstayed in the United States after the expiration of his or her authorized
stay.
If a person is unlawfully present in the United States for more than 180 consecutive
days, he or she is barred from re-entering the United States (once he or she
leaves) for three years. If a person is unlawfully present in the United States
for over 365 consecutive days, he or she is barred from re-entering the United
States (once he or she leaves) for ten years. Note that these penalties do
not attach until the person leaves the United States; thus, if the person
never leaves, the penalties take effect.
Visa
A visa is a document issued by a U.S. consulate abroad to foreign nationals.
It is comparable to a ticket, because it shows the status that the bearer
wants to have when admitted to the United States but does not guarantee admission.
INS officers stationed at ports-of-entries around the world have the right
to question all travelers entering the United States to determine whether
the foreign national is entitled to be admitted, and may chose to refuse entry
to any foreign national.
Not everyone is required to obtain a visa before entering the United States.
Canadians usually do not require nonimmigrant visas. Mexicans are also exempt
in many circumstances. Business visitors may not need B-1 visas prior to entry
if they are from a country with which the United States has a Visa Waiver
Pilot Program in effect.
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The materials contained in this web site do not constitute
legal advice, and contact with this website does not establish an attorney-client
relationship. These materials and any evaluation or other communication are
provided for informational purposes only.