Staying Compliant With I-9
Tips to assist employees and employers to complete the Form I-9 process
Posted on 07-31-2018, Read Time: Min
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With limited exceptions, all employers are required by federal law to verify the identity of their employees, including citizens and non-citizens, and their eligibility to work in the US. This is accomplished by the employer and the employee both completing the Employment Eligibility Verification Form (Form I-9). While the Form I-9 has had a facelift over the last few years with changes aimed to assist employees and employers when completing the Form I-9, the purpose remains the same.
It may seem daunting to stay current with the form’s evolving technical requirements, however, the failure to do so may expose an employer to audits, fines and/or criminal prosecutions. All employers, regardless of size or location, may be exposed to worksite investigations. In fact, the US Immigration and Customs Enforcement (ICE) is stepping up enforcement efforts, by tripling its number of officers and quintupling the number of enforcement actions in 2018.
As a result, employers need to be proactive and ensure that they are hiring authorized workers and that their Form I-9 practices are in compliance. Otherwise, employers may be ICE’s next target.
Under the Immigration Reform and Control Act (IRCA), if an employer knowingly hires or continues to employ an unauthorized worker, it can be exposed to civil and criminal penalties. The IRCA applies to all entities, large and small, corporate and individual, regardless of the number of employees in the employer’s workforce.
However, the smart form version of the Form I-9, which became mandatory on January 22, 2017, had the following improvements incorporated to assist employees and employers when completing the Form I-9:
It may seem daunting to stay current with the form’s evolving technical requirements, however, the failure to do so may expose an employer to audits, fines and/or criminal prosecutions. All employers, regardless of size or location, may be exposed to worksite investigations. In fact, the US Immigration and Customs Enforcement (ICE) is stepping up enforcement efforts, by tripling its number of officers and quintupling the number of enforcement actions in 2018.
As a result, employers need to be proactive and ensure that they are hiring authorized workers and that their Form I-9 practices are in compliance. Otherwise, employers may be ICE’s next target.
Under the Immigration Reform and Control Act (IRCA), if an employer knowingly hires or continues to employ an unauthorized worker, it can be exposed to civil and criminal penalties. The IRCA applies to all entities, large and small, corporate and individual, regardless of the number of employees in the employer’s workforce.
However, the smart form version of the Form I-9, which became mandatory on January 22, 2017, had the following improvements incorporated to assist employees and employers when completing the Form I-9:
- Embedded instructions for completing each field;
- Validations on certain fields to ensure information is entered correctly;
- Additional spaces to enter multiple preparers and translators;
- Drop-down lists;
- Buttons that will allow users to access the instructions electronically, print the form, and clear the form to start over;
- A dedicated area to enter additional information;
- A quick-response matrix barcode, or QR code, that generates once the form is printed and can be used to streamline audit processes;
- A clarification that employees provide only other last names used in Section 1, rather than all other names used;
- Removal of the requirement that aliens authorized to work must provide both their Form I-94 number and foreign passport information in Section 1; and
- An additional Supplement in cases in which more than one preparer or translator is used to complete Section 1.
With increased scrutiny on employers' hiring practices, especially those of non-US citizens, employers need to ensure that they verify the employment authorization and identity of new hires. In order to do so, employers need to:
- Ensure that the Form I-9 is properly and timely completed by the employee and the employer;
- Understand the types of documents an employee needs to produce to establish his or her identity and work eligibility;
- Avoid discrimination, particularly during the document review process; and
- Retain the Form I-9 for the required length of time.
Although challenging, having a Form I-9 compliance program and training personnel on properly completing the Form I-9 can help minimize the costly pitfalls of noncompliance. Further, conducting an internal audit is a way for employers to be proactive in the event of a government audit as it will help identify any mistakes made during the verification process.
Author Bio
| Melissa Silver is the Legal Editor for the employment offer, terms of employment, new hire paperwork, negligent hiring, onboarding and orientation, recordkeeping and minimizing liability content in the recruiting and hiring chapter of XpertHR US. Visit www.xperthr.com Connect Melissa Silver Follow @MelissaSilver10 |
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