Immigration Compliance for Foreign National Employees

Navigating workforce compliance for foreign employees is a critical, and often complex, responsibility for employers in the manufacturing industry. With global talent playing an increasingly vital role in filling skilled labor gaps, manufacturers must ensure that every aspect of hiring and managing foreign workers aligns with legal and regulatory standards. 

From day one of integrating new talent into your manufacturing workforce, newly hired U.S. and foreign national employees must work with their U.S. employers to complete an I-9 Employment Eligibility Verification form. 

Employers in the United States, except Puerto Rico, must complete the English-language version of Form I-9. Only employers located in Puerto Rico may complete the Spanish-language version of Form I-9 instead of the English-language version. Any employer may use the Spanish-language form and instructions as a translation tool. 

Quick Guide to Form I-9 Compliance for Foreign Employees

Section 1: Employee Responsibilities (By Day 1 of Work):
Foreign employees must complete and sign Section 1 of Form I-9 on or before their first day of work, but only after accepting a job offer. They’ll need to:

• Provide full legal name, address, birthdate, and employment authorization status.
• Include details like A-Number or Form I-94 if applicable.
• Sign and date the form.
• Optional: Social Security number, email, and phone (required SSN if using E-Verify).

Section 1: Employer Responsibilities

• Make sure Section 1 is complete and signed.
• Confirm expiration date for employment authorization (for reverification later).
• If using E-Verify, ensure the SSN is provided.

Section 2: Employee Responsibilities

Employees must present original, acceptable, and unexpired documentation that shows the employer their identity and employment authorization. Employees may choose to present either: 

• One document from List A; or
• One document from List B in combination with one document from List C. 

Section 2: Employer Review and Completion (Within 3 Business Days):

• Review original, unexpired documents presented by the employee.
• Accept either:
  • One List A document, or
  • One List B + one List C document
    (List B must have a photo if using E-Verify).
• Physically examine documents, unless using DHS-approved remote review (E-Verify only).
• Complete all required fields in Section 2, including the employee’s start date and employer’s business address. 
   

Acceptable Documents Overview:

List A 

• Permanent Resident Card or Alien Registration Receipt Card (Form I-551);
• Foreign passport that contains a temporary I-551 stamp;
• Employment Authorization Document that contains a photo (Form I-765); and
• Foreign passport that contains Form I-94.

List B 

• Driver’s license or ID card issued by a U.S. State, provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address;
• ID card issued by Federal, State or Local government agencies or entities, provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address; and
• School ID card with a photograph.

List C 

• U.S. Social Security Card; and
• Employment Authorization Card issued by the Department of Homeland Security (DHS).
   

Storage & Submission:

• Retain completed Form I-9s.
• Do not send them to USCIS or ICE.
• No need to store the instructions or the Lists of Acceptable Documents pages.