What action should an employer take if an employee cannot produce acceptable documents?

When an employee is unable to produce acceptable documentation as required by the Form I-9 process, the employer must not hire the employee until appropriate documentation is provided. This requirement stems from the legal obligation to verify an employee's identity and eligibility to work in the United States, which is a critical component of the I-9 process.

Acceptable documentation serves to confirm that the individual has the necessary authorization to work. If such documents are not presented, it raises concerns about the legality of the employee's status. Hiring an employee without verifying their eligibility can result in significant legal penalties for the employer. It is essential for employers to adhere strictly to this process to ensure compliance with immigration laws and avoid potential fines or other consequences associated with unauthorized employment.

Other options, like hiring the employee immediately or allowing temporary work without documentation, compromise the integrity of the verification process and potentially expose the employer to legal risks. Reporting for fraud is also not typically within an employer's purview unless there is clear intent and misleading documents provided by the employee. Thus, the correct course of action is to refrain from hiring until the necessary documentation is obtained.