Recent immigration raids and worksite enforcement actions have created stress and uncertainty for employers and their workers. As an employer, it is important to understand your obligations regarding I-9 compliance to avoid fines and possible criminal penalties.
What is an I-9?
Form I-9 is the USCIS form used to verify identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States, including both citizens and noncitizens. Employees must also complete this form.
When Must an Employer Complete Form I-9?
Employers must complete section 1 of the I-9, where the employee attests to their work authorization, at the time of hire or no later than their first day of employment. Section 2 of the form must be completed within three business days of the employee’s start date.
Employers must retain the completed I-9s for three years after the date of hire, or one year after the date of termination, whichever is later.
What Documentation Can an Employer Accept?
USCIS publishes a list of acceptable documents an employee can use to establish identity and employment authorization of an individual. Employees must attest to being a U.S. citizen, national, lawful permanent resident, or otherwise authorized to work in the U.S. An employee has the right to choose which documents she presents to the employer, and the employer cannot require specific documents from the list. Employers must review the documents presented to ensure that they reasonably appear on their face to be genuine and relate to the individual.
What is an I-9 Inspection?
Homeland Security Investigations (HSI), a division of ICE, may conduct an inspection of an employer’s I-9 Forms. For certain substantive violations, HSI may issue fines to employers. These fines can range from hundreds to thousands of dollars per worker. In serious cases, employers may be subject to criminal penalties.
It is important that employers understand their I-9 verification requirements. Reach out to our experienced immigration attorneys today to help you proactively understand your obligations. If you have been notified of an upcoming inspection, the attorneys at Murray Osorio can help.