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Under the Immigration Reform and Control Act of
1986, all employers regardless of company size or number of employees
are subject to criminal and civil sanctions for hiring unauthorized
workers.
Employers play an important role in enforcing
immigration laws and must submit an I-9 form to verify identity and
employment eligibility of all new employees. The employer must see that
an I-9 form is filled out for all U.S. citizens, permanent residents,
and employees of immigrant status.
When I-9 is not required
Form I-9 is not required for the following workers:
- Independent contractors
- Workers hired on contract
- Employees hired and continuously employed by
the employer prior to 1986
- Occasional, erratic, or infrequent employment
for domestic work in a private home
I-9 compliance assistance
When the Department of Homeland Security (DHS) was
established in 2002, the responsibility of overseeing I-9 compliance
passed over to the investigative arm of the DHS, Immigration and
Customs Enforcement (ICE).
A company that fails to comply with I-9 forms may
face audits, sanctions, and bad publicity if investigated. Company
penalties are based on compliance violations and not just on hiring
unauthorized workers.
The I-9 form process begins the day an employee
starts work. When an employee’s labor authorization has an expiration
date, the I-9 form must be updated after expiration. Such update
requirements create a need for regular audits of I-9 forms. After an
employee’s termination, the I-9 form must be kept on file for one year,
and otherwise retained for three years.
The Frager Bush Law Firm assists employers with
I-9 management, which includes a variety of services:
- Internal I-9 form audits
- Planning and development of verification and
record-keeping practices
- Procedures in place to differentiate employees
from independent contractors
- Counsel and legal advice on how to deal with
Social Security no-match letters
- Guidelines on how to avoid verification and
record-keeping violations
- Legal guidance on anti-discrimination
regulations governing the hire and retention of employees
- Staff and executive training in I-9 regulations
and compliance requirements
- Legal representation before ICE and Office of
the Chief Administrative Hearing Officer (OCAHO) administrative
proceedings
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