The Importance of Federal I-9 Requirements
As an employer, it`s essential to ensure that your hiring process complies with federal regulations. One crucial aspect of this is the completion and retention of Form I-9, Employment Eligibility Verification, for each employee. To adhere these can substantial fines consequences business.
Understanding the Basics of Form I-9
Form I-9 used verify identity employment individuals for employment United States. Employees employers complete respective of form, employer responsible verifying authenticity provided employee.
Key Components Form I-9
Form I-9 consists three sections:
| Section 1: Information Attestation | Section 2: Review Verification | Section 3: Reverification Rehires |
|---|---|---|
| Employee provides personal information and attests to their employment authorization. | Employer examines employee`s documents to confirm their eligibility for employment. | Employer uses this section for rehires and re-verifying the employee`s eligibility if their work authorization has expired. |
Penalties for Non-Compliance
Employers who fail to properly complete, retain, and present Form I-9 for inspection when requested by authorized government officials may face significant penalties. As of 2021, the penalties for Form I-9 violations range from $234 to $2348 per violation, with higher fines for repeat offenses and more egregious violations.
Recent Case Study
In 2020, a Texas-based company was fined $605,250 for hiring unauthorized workers and for violations related to Form I-9. This case serves as a stark reminder of the potential consequences of non-compliance with federal I-9 requirements.
Best Practices for Compliance
To avoid penalties and legal issues, employers should prioritize compliance with Form I-9 requirements. Includes thorough for responsible completing form, regular audits, staying about updates changes regulations.
Statistics Form I-9 Audits
According U.S. Immigration and Customs Enforcement (ICE) data, there were 6,812 worksite investigations in 2018, resulting in 2,198 criminal arrests and 779 administrative arrests. Numbers underscore proactive compliance Form I-9 requirements.
Form I-9 compliance is a critical aspect of hiring and maintaining a legal workforce in the United States. By understanding the requirements, staying informed about potential changes, and prioritizing best practices, employers can protect their businesses and employees from the consequences of non-compliance.
Federal I-9 Requirements: Your Top 10 Questions Answered
| Question | Answer |
|---|---|
| 1. What is the purpose of Form I-9? | Form I-9 used verify identity employment individuals hired employment United States. Required federal all employers. |
| 2. What documents are acceptable for Form I-9? | Acceptable documents include a U.S. Passport, Resident Card, combination driver`s and Security card. Must examine documents determine they appear genuine relate individual presenting them. |
| 3. Are employers required to complete Form I-9 for all employees? | Yes, employees hired November 6, required Form I-9 file. Includes citizens noncitizens. |
| 4. How long must employers retain Form I-9? | Employers retain Form I-9 long individual works company, certain after ends, on the. |
| 5. Can Form I-9 be completed electronically? | Yes, employers may choose to complete and retain Form I-9 electronically. However, requirements met ensure compliance. |
| 6. What are the consequences of failing to properly complete Form I-9? | Failure to properly complete and retain Form I-9 can result in significant fines and penalties for employers. Important ensure compliance requirements. |
| 7. Can employers reverify employment authorization? | Yes, employers required reverify employee`s authorization if work documents expired. Employers should be mindful of the timing and procedures for reverification. |
| 8. Can employers refuse to hire an individual based on the documents presented on Form I-9? | No, it is illegal for employers to discriminate against individuals based on their citizenship or immigration status. Employers accept valid presented employee. |
| 9. What is E-Verify and how does it relate to Form I-9? | E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. While participation in E-Verify is generally voluntary, some employers may be required to use it as part of their Form I-9 compliance. |
| 10. Are there any exemptions from Form I-9 requirements? | There limited exemptions certain classes employees, those employed short or specific categories. Employers should carefully review the exemptions to determine their applicability. |
Contract for Federal I-9 Requirements
This Contract for Federal I-9 Requirements (“Contract”) entered into parties accordance federal laws regulations employment eligibility verification.
| Definitions: | In this Contract, “Employer” shall mean any person or entity that hires employees in the United States, and “Employee” shall mean any individual hired for employment in the United States. |
|---|---|
| Employment Eligibility Verification: | Employer agrees to comply with the requirements of Form I-9, Employment Eligibility Verification, as prescribed by the U.S. Citizenship and Immigration Services (USCIS) under the Immigration and Nationality Act. Employer shall verify the identity and employment authorization of each employee by completing Form I-9 within the required timeframes and retaining the form for the required period of time. |
| Non-Discrimination: | Employer agrees not to discriminate against any individual on the basis of citizenship status or national origin in any aspect of the employment relationship, including hiring, firing, and recruitment, as prohibited by the Immigration and Nationality Act and other applicable laws. |
| Compliance Laws: | Employer agrees to comply with all applicable federal, state, and local laws and regulations regarding employment eligibility verification and to cooperate with any government audits or investigations related to Form I-9 compliance. |
| Indemnification: | Employer shall indemnify and hold harmless Employee against any claims, losses, or liabilities arising out of Employer`s failure to comply with federal I-9 requirements, including but not limited to penalties imposed by USCIS or other government agencies. |
| Amendments: | This Contract may only be amended in writing signed by both parties. |
| Applicable Law: | This Contract shall be governed by and construed in accordance with the laws of the United States. |