• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How can a person legally get a job when they have no official ID?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jlester

Junior Member
I met a homeless person who has no ID, no birth certificate, no green card, nothing with his name on it. He is entirely undocumented. How is it legally possible for him to go from here to having a legal identity which will allow him to get a job?
 


OHRoadwarrior

Senior Member
If he is a US citizen, he needs to get his birth certificate and SS card. If he is not a US citizen, he needs to go back to his country and get a job there.
 

Proserpina

Senior Member
If he is a US citizen, he needs to get his birth certificate and SS card. If he is not a US citizen, he needs to go back to his country and get a job there.

I am not a US citizen. I'm here legally, I can work wherever I want and I have several legal forms of identification. We do need to be specific. :)

The answer to the OP's question however is "he can't - as a rule". Most companies (if not all) are required to submit form I-9, and the employee is REQUIRED to provide photo ID of some sort (there is a list).

I have a feeling this is a hypothetical though so....for gits and shiggles, how old is this person?
 

Zigner

Senior Member, Non-Attorney
Since we're being so specific, companies are not required to "submit" I-9 forms. ;)
 

Proserpina

Senior Member
Since we're being so specific, companies are not required to "submit" I-9 forms. ;)

Okay. My boo-boo! :eek:

The employer must complete section 2 though in a "timely manner" (and we ALL know what that means :D ) ...and as a rule, it's the employer who collects these darned rotten pieces of paper afterwards (I hate paperwork - can you tell? I can only IMAGINE the garbage that's handed to the likes of LdiJ every year).
 

cbg

I'm a Northern Girl
Most companies (if not all) are required to submit form I-9

For clarification's sake, all employers, without exception, are required to obtain a completed I-9 form from every employee. There are a very few employees excepted; they include those employees who have worked for the same employer since prior to November 6, 1986, and employees who worked for the employer for less than 3 (three) days. We could get into a discussion of the definition of employee when it comes to varying forms of self-employment and corporate ownership but that's for another thread.

The I-9 requires that the employer or his authorized agent personally view the original documents provided by the employee. The employee must provide, within the first three days of employment, either a document that proves both identity and employment status (so-called List A documents; example, a passport) or one document that proves identity AND a document that proves employment eligibilty (so-called List B and C documents - examples, a drivers license (B- proves identity) and social security card (C - proves employment eligibilty) ). The lists appear on the back of the form; there are documents for both citizens and non-citizens that will satisfy the I-9.

It is entirely up to the employer whether to keep copies of the documents or not, and there are two schools of thought among HR professionals as to whether or not it is advisable. I personally belong to the Not school, but I acknowledge that the Keep school have some valid arguments on their side. Whichever the employer decides to do, though (keep or not keep), they must do whichever consistantly.

The forms themselves (with or without copies of the documents) must be kept on file until the later of one year after termination, or three years after hire. They need not be submitted to any government agency, but they must be available for view should ICE show up for an audit. Conventional wisdom is that I-9's should be filed in a separate file and not in the employee's personal file, but that is best practice, not law.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top