| Correct!
Answer: C
No. The e-mail address field on the Form I-9 is optional,
and it is the employee who has the option. If an employee
does not wish to provide her e-mail address in this field,
she should indicate “N/A” in the field. You
must not require that she provide her e-mail address. You
may, however, encourage her to provide the address by explaining
to her that the address may be used by the Department of
Homeland Security to send important updates to her in the
event that her E-Verify query results in a Tentative Nonconfirmation.
Regardless of whether she provides her e-mail address, it
is still your responsibility as the employer to notify her
in a timely manner of any Tentative Nonconfirmation that
results from your E-Verify query. Even though the e-mail
address is used mainly for E-Verify purposes, the field
is optional for employees of E-Verify and non-E-Verify employers.
The
Challenge Question:
Can
I require that my employees provide an e-mail address in
Section 1 of the Form I-9? The new Form I-9 has an e-mail
address field in Section 1, and I understand that it may
be used by the Department of Homeland Security to notify
an employee of a Tentative Nonconfirmation (and to provide
relevant updates) in E-Verify. Can I require that my employees
complete this field so that they receive these updates?
A.
Yes. I-9 regulations state that all employers must require
employees to complete this field.
B.
Yes. The field is optional, but it is up to the employer
to decide whether employees must provide the e-mail address.
C.
No. It is an optional field, and it is up to the employee
whether to provide an e-mail address.
D.
No. Only E-Verify users may require e-mail addresses.
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