8.2 Special Rules for State Employment Agencies

A state employment agency, sometimes known as a state workforce agency, may choose to verify the employment authorization and identity of an individual it refers for employment on Form I-9. In such a case, the agency must issue a certification to you so that you receive it within 21 business days of the date the referred individual is hired. If an agency refers a potential employee to you with a job order, other appropriate referral form or telephonically authorized referral, and the agency sends you a certification within 21 business days of the referral, you do not have to check documents or complete a Form I-9 if you hire that person. Before receiving the certification, you should retain the job order, referral form or annotation reflecting the telephonically authorized referral as you would Form I-9. When you receive the certification, you must review it to ensure that it relates to the person hired and observe the person sign the certification. You must also retain the certification as you would a Form I-9 and make it available for inspection, if requested. Check with your state employment agency to see if it provides this service and become familiar with its certification document.


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