Form I-9: One of the Biggest Penalty Risks Businesses Face
In the past three years, the number of I-9 paperwork audits by U.S. Immigration and Customs Enforcement (ICE) has spiked. ICE also increasingly brings cases against employers under the criminal code rather than just civil penalties.
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Paperwork violations can cost you more than $2,000 per worker and may trigger an ICE inspection. Knowingly hiring or continuing to employ an illegal worker can result in fines in excess of $20,000 per illegal worker.
To sidestep potential legal trouble and discrimination complaints, here are some dos and don’ts:
Do
Require all new hires to complete and sign section 1 on or before their first day of work using the newest version.
Have a responsible person at your company sign the document. Make and retain copies of all documentation provided.
Review documents provided by the employee to make sure they are on the list of acceptable documents and appear legitimate.
Keep I-9s and copies of all documents for three years after the hire date, or one year after their termination date (whichever is later).
Establish a consistent procedure and educate your hiring managers on the procedure.
Don’t
Ask an applicant to complete an I-9 before making a job offer to protect you from discrimination charges.
Ask new hires for any particular document or more than the I-9 requires. The employee chooses the documents, not the company.
Consider the expiration dates of documents when making hiring or firing decisions.
Forget to keep a tickler file to follow up on expiring documents (like Visas) that limit the employee’s authorization to work.
Put the I-9 in an employee’s personnel file. To protect yourself in an audit keep them and supporting documentation in a separate file.
Remember to routinely audit each of your I-9 files to protect yourself against not only hefty fines but also from criminal charges. It is advisable to review I-9 forms every 6-12 months and perform an independent audit every 2-3 years. In the event of an ICE inspection, seek legal assistance right away.