What Is I-9 Compliance?
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must complete and ensure proper completion of Form I-9 for each person hired or re-hired, whether a citizen or non-citizen. Form I-9 mandates that every U.S. employer review and record data from acceptable documents evidencing identity and employment authorization, and assess whether the document(s) reasonably appear to be genuine and related to the individual presenting them. In cases for subcontracted workers, subcontractors must be put on notice and sign off on a policy that requires properly documented workers.
Employers must have a completed Form I-9 on file for each person on their payroll who is required to complete the form. Form I-9 must be retained and stored by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.
What are the benefits of following I-9 Compliance?
At any time, without advance notice, both Immigration and Customs Enforcement (ICE) and the Department of Labor (DOL) are empowered to perform audits of employers to determine if a company (whether it is a small local employer or a large corporation) is in compliance. During an I-9 audit, the employer may be required to present I-9s within three days. The strong policies and procedures in place to deal with I-9 preparation and maintenance requirements ensure compliance. Management should be trained in the law of documenting workers and the responsibility for completing the I-9s.
How can an attorney help in this compliance?
We train your company management on I-9 best practices and compliance. We recommend a procedure to fulfill I-9 requirements, and advise on how I-9s can be corrected.