With recent changes in U.S. immigration policy and increased enforcement measures, it is more important than ever for both employers and employees to ensure that all work documentation is up to date. Immigration enforcement actions have intensified, including audits and visits from U.S. Immigration and Customs Enforcement (ICE). A key focus during these inspections is the proper handling of the I-9 form, which is mandatory for all employers in the country.
What is the I-9 Form?
The I-9 form , also known as the Employment Eligibility Verification Form , is a mandatory document that employers in the United States must complete to verify that their employees are legally authorized to work in the country. Both the employer and the employee must attest, under penalty of perjury, that the employee is not an unauthorized alien, and the employer must physically examine the employee’s documentation to verify their identity and eligibility to workDuring the initial orientation, the employer must record information from a physical document that proves this authorization. Some of the most common documents include:
- A U.S. Passport
- A permanent resident card (Green Card)
If the employee does not have these documents, they may present a combination of other legally permitted documents, such as a driver’s license along with a Social Security card, or a U.S. birth certificate accompanied by an official identification.
What are the deadlines for completing the I-9 form?
- The employee must complete their portion of the form on or before their first day of work.
- The employer has three business days to review the documents presented, complete their section, and sign the form.
- Employment Authorization Document (Form I-766): This document contains a photograph and is issued to various classes of noncitizens, including refugees, asylees, and certain parolees.
Other not so common documents that may also serve include:
- Foreign Passport with a Temporary I-551 Stamp or Notation: This serves as evidence of both identity and employment authorization for lawful permanent residents.
- Foreign Passport with Form I-94 or Form I-94A: This is used for individuals who are authorized to work incident to their status or parole with a specific employer.
- Social Security Card: This card can be used to establish employment authorization, provided it does not specify that the issuance of the card does not authorize employment in the United States.
- Other Documents Approved by the Attorney General: These may include various forms of documentation that the Attorney General finds acceptable for proving employment authorization.
The form requires information such as the employee’s full name, address, Social Security number, and a declaration that they are authorized to work in the country.
Consequences of Not Keeping the I-9 Form Up to Date
Companies that fail to comply with I-9 form regulations may face serious penalties, especially if irregularities are found during an audit. Civil penalties range between $110 and $1,100 per individual violation. Employers may also face criminal prosecution and fines for harboring or knowingly hiring unauthorized aliens. ICE can conduct inspections at any time, and if irregularities are found during an audit, the company may face significant fines and other legal consequences. ICE can conduct inspections at any time, requesting to review all employee forms. For this reason, it is essential to keep these documents accurate, complete, and organized.
How to Properly Store I-9 Forms
I-9 forms must be retained for as long as the employee works for the company and for at least three years after their hiring date or one year after their termination date, whichever is later. We recommend keeping these forms separate from other personnel files to ensure they are easily accessible in case of an inspection. Employers may retain the forms in paper, microfiche, microfilm, or electronic versions.
What to Do if ICE Conducts an Inspection
- ICE typically provides three days’ notice before conducting an audit.
- If they arrive without prior notice, you can request to see the official notice.
- In some cases, they may present a judicial order allowing them to inspect non-public areas of your company.
For these reasons, it is vital to have a response plan in place. Ensure that responsible personnel know their rights and have access to legal counsel.
How Can We Help?
At Pagan Lopez Law, we have experience with immigration and labor regulations. We assist both employers and employees in meeting their legal obligations by ensuring that I-9 forms are complete and up to date.
