For the Employer

All U.S. employers are responsible for completion and retention of an I-9 Employment Eligibility Verification form for each individual they hire for employment in the United States. On the form, the employer must verify the employment eligibility and identity documents presented by the employee. This form is absolutely required because an employer may not knowingly hire or continue to employ a person who is not authorized to work in the U.S. “Knowingly” is defined to mean either actual knowledge or constructive knowledge (what the employer should have known).

As of November, 7, 2007, the I-9 Form was revised and all businesses and employers to be currently using the updated form, as the 30-day grace period has expired. A new version of the I-9 Form is pending that will amend the types of documents that an employee may submit to verify employment eligibility to only those that have not yet expired; this rule and new Form I-9 will become effective April 3, 2009.

The primary changes to the form consist of reducing the number or types of documents that employers may accept for their recently hired employees; and no longer requiring employees to provide their Social Security number, unless the employer takes part in the USCIS Electronic Employment Eligibility Verification Program (E-Verify).

In addition to penalties (both civil and criminal) for knowing violations, an employer may be fined for procedural and technical violations where it does not properly follow the regulations governing when an I-9 for each employee should be completed and in what manner. However, an employer’s showing of good faith and effort to comply with I-9 requirements can protect an otherwise compliant employer.

Government agency enforcement and audits of employers to ensure such compliance has increased significantly in the past year, as have potential civil and criminal penalties. As an employer, you can protect yourself and your company by ensuring that you are following proper I-9 procedures and by conducting an internal audit to "clean up" any outstanding clerical errors. Please contact the Law Office of Rana Jazayerli for more information and to schedule a consultation.
 

© Law Office of Rana Jazayerli, 1725 I Street N.W., Suite 300, Washington, D.C. 20006, Phone: 202-349-3764, Fax: 202-349-3765

The information you obtain at this site is provided for informational purposes only, and is not, nor is it intended to be, legal advice.  You should consult an attorney for individual advice regarding your particular situtation.