Employers Are Facing Increasing Form I-9 Penalties

Employers are facing increasing pressure not to employ illegal or undocumented workers. Company management needs to recognize that hiring only American citizens and authorized workers is a sound business practice. But sometimes the details of Form I-9, Employment Eligibility Verification compliance can be tricky. During more than 4 decades as an immigration attorney, I have lectured and given seminars to many business associations, including hotels, restaurants, ski resorts, agricultural groups and construction companies in an effort to give employers a better understanding of Form I-9 compliance.

The law requires employers to protect our national heritage of legal immigration and to preserve jobs for those who are legally entitled to them. The law also prohibits any discrimination on the basis of foreign appearance, language or name. There are serious civil and criminal penalties for employers who violate the law.

The purpose of the Form I-9 is to allow the employer to verify the employee's identity and work eligibility without treating people differently because they look or sound foreign. Treat all prospective employees and current employees the same when trying to comply with the Employer Sanctions Law.

Employers must be very careful to make sure the Form I-9 is completed correctly. Many employers believe it is sufficient for the employee to sign the I-9 Form and for the employer to make copies of the identity documents presented. This is a good way to get fined heavily. It is very important that each section of the Form I-9 be completed as instructed.

Employers are required to maintain a Form I-9 for all current employees, irrespective of their national origin or citizenship. In addition, employers must carefully retain these I-9 Forms in their own Form I-9 file. Keeping the I-9 Forms in personnel files is not appropriate.

Form I-9 compliance is very complex . Clerical errors and omissions can quickly add up to considerable fines. As an short test of your company's I-9 policies and procedures, can you answer the following questions?

1) Who observes the prospective employee complete Section 1 of the Form I-9?
2) Who observes the prospective employee's physical appearance and documents to ascertain they appear to be the documents of the individual who is applying?
3) Can an applicant complete the form without including the social security number?
4) Where do you store the date of termination?
5) What do you do when an employee changes their name for payroll purposes?
6) How are you storing the identity documents produced by the applicant?

The attorneys at Allott Immigration Law Firm are experts in Form I-9 compliance. Don't put your company at risk by underestimating the importance of the Form I-9, Employment Eligibility Verification.

Form I-9, Employment Eligibility Verification

Allott Immigration Law Firm specializes in all aspects of immigration law. Their team of dedicated lawyers assists clients on a worldwide basis with Form I-9 Compliance, Employer Sanctions Law, Visas, Detention & Removal Proceedings, Citizenship & Naturalization and U.S. Passports.