_________________________________________________I-9 COMPLIANCE
According to U.S. Immigration Laws(8 CFR 274.a):
An Employer may only hire or continue to employ individuals AUTHORIZED to work in the United States .An Employer MUST fully complete a Form I-9 for EVERY employee hired after November 6, 1986. An Employer must verify employment authorization of every such employee.
I-9 Forms must be retained for at least three years after employment begins or at least one year after employment is terminated, whichever is later. I-9 Forms must be presented for inspection to U.S. Citizenship and Immigration Services (USCIS) within three days upon receipt of a written demand notice.
Civil penalties for individual violations range up to $11,000 per employee. Criminal penalties may apply for a “pattern” or “practice” of hiring individuals unauthorized to accept employment in the U.S.
HOWEVER , it is also illegal to require employees to provide MORE documentation than prescribed by law in an attempt to comply with I-9 requirements. Any discrimination against employees based upon citizenship, legal immigrant status or national origin is ILLEGAL!
Why would USCIS conduct an I-9 audit of your business?
USCIS conducts audits in response to private complaints or reports, as well as on its own initiative. Complaints may be initiated by anyone. Most often complaints are filed by:
- Your competitors
- Your employees
- Individuals you recently fired, or refused to hire.
How to mitigate or avoid I-9 related penalties?
• Conduct periodical HR personnel training on I-9 compliance issues.
• Conduct periodical private I-9 audits.
• Consult an immigration attorney every time you receive a Social Security “No-Match” letter.
• Immediately contact an immigration attorney upon receipt of a written demand notice from the USCIS.
The Law Office of Kseniya Zavala offers various services with regard to I-9 compliance, including:
• Comprehensive HR personnel training
• internal I-9 audits
• Consultations
What is an I-9 audit?
• Identification of all employees hired, or rehired, after November 6, 1986.
• Creation of audit tracking forms.
• Matching of all I-9 forms with the audit tracking forms.
• Correction of all omissions and mistakes. Identification of common omissions and mistakes.
• Creation of a binder system for maintaining all I-9 forms and related information.
• Identification of all employees who are subject to I-9 re-verification.
• Creation of a tickler system for timely re-verification.
• Overall evaluation of I-9 corporate compliance.
• Training appropriate personnel for future I-9 compliance.
