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Are SWAs required to complete Forms I-9 for all H-2A referrals on/after December 15, 2007?

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Are SWAs required to complete Forms I-9 for all H-2A referrals on/after December 15, 2007?

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TEGL 11-07 and superseding guidance TEGL 11/07, Change 1, became effective immediately upon issuance. The guidance clarified SWAs’ responsibility to verify employment eligibility of each worker prior to referral in response to an H-2A job order. Because the Department was aware that many SWAs did not currently have reliable employment verification systems in place, the Department advised it was granting SWAs a grace period and would begin enforcing the verification requirements beginning December 15, 2007. SWAs are instructed to verify such employment eligibility through the basic I-9 process. Once E-Verify training has been finalized, SWAs may elect to verify employment eligibility through the E-Verify I-9 process. The E-Verify I-9 process involves the E-Verify process in addition to the basic I-9 process.

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