How serious is being out of compliance with current I9 regulations? Extremely. In fact, the I-9, is hands down, one of the most important documents an employer will have to file in conjunction with the employee/employer relationship.
This article will provide employers with basic information about the I-9 that will assist them in maintaining strict compliance with regulations set forth by Immigration and Customs Enforcement (ICE).
The ICE is accelerating its efforts to stem the tide of employers that hire unauthorized workers, pay unfair wages, or allow any other unlawful working conditions in the workplace. The Employment Eligibility Verification Form I-9 is a Citizenship and Immigration Services document used by employers to both verify the identity of employees and determine if a worker is legally eligible to work in the United States. Both the employee and the employer must complete an I-9. Employers are responsible for keeping a permanent record of the signed form. There are a variety of documents that can be utilized to satisfy eligibility, which are categorized into three separate lists.
Documents found in the “A” list are single documents which can stand alone and include:
US Passport, US Passport Card, Permanent Resident Card, Alien Registration Receipt Card with photograph, unexpired Temporary Resident Card, unexpired Employment Authorization Card, or an unexpired Employment Authorization Document issued by the Dept of Homeland Security that includes a photograph.
The “B” list, establishes identity and must be accompanied by a document from the “C” list to establish employment eligibility, includes:
Driver’s license, or ID card issued by a US state or outlying possession of the US, providing it contains a photograph or identifying information – (name, date of birth, gender, height, eye color and address), school ID with photograph, US Armed Services ID or draft record, US Coast Guard Merchant Mariner Card, Native American tribal document, or driver’s license issued by a Canadian government authority.
The “C” list includes:
US Social Security card issued by the Social Security Administration (those that specify “not valid for employment” are not acceptable), birth certificate issued by the US State Department, original or certified copy of a birth certificate from the US or an outlying possession of the US bearing an official seal, Native American tribal document, US citizen ID Card, resident citizen ID card, or an unexpired employment authorization card issued by the Dept of Homeland Security.
If an employer fails to have a new employee complete an I-9, penalties for each employee can range from $110 to $1100. Employers found engaging in the practice of hiring non-eligible workers, face fines of $375 to $3200, per employee for the first offense; $3200 to $6500 per employee for the second offense; with each additional offense carrying penalties ranging from $4300 to $11,000. Employers who are aware of worker ineligibility, yet continue to employ the worker, can face fines of up to $3000 along with a potential 6-month jail term. Other I-9 penalties that carry jail time, up to 5 years in fact, include the issuance of false statements, misuse of Visas and any other identification documents.
The field of I9 compliance can be puzzling, but the professionals at Pre-employ.com are experts at assisting employers with their I9 documentary requirements – at an affordable rate. Prudent employers are aware of just how important full I-9 compliance is and take every precaution to ensure that their paperwork is accurately completed and timely filed.
Even small errors in I-9 forms cost you and your company valuable time and money. Download our free report on how to “Avoid 5 I-9 Mistakes”. Find out what you can do to ensure your I-9 process in in compliance. Let this free report help show you how.
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