The Storm Within Form I-9 Immigration Compliance
Basic Requirements of Form I-9 Employers cannot employ an individual not authorized to work in the US. Filing an I-9 is mandatory for every new hire post November 6, 1986. The employee must be physically present while filing the I-9. The employer must verify against original documents, not copies. Photocopies of these documents must be attached to the I-9. Temporary or part-time employees are not excluded from filing an I-9 Independent contractors and employees working outside the US are exempt.
Correcting Form I-9 Mistakes
Missing Forms
Add an initial and close by dating the correction
Do not back date a Form I-9
Put in the correct facts
Allow the employee 3 business days to provide the documents for filing the fresh form
Line out the incorrect information
Furnish the employee with a new form
What Happens After an ICE I-9 Inspection? Receipt of any one of the following notices: Notice of Inspection Results
Notice of Suspect Documents
Notice of Discrepancies
Notice of Technical or Procedural Failures
Warning Notice
Notice of Intent to Fine (NIF)
Current Civil Penalties for Form I-9 Noncompliance Apart from potential imprisonment and debarment from government contracts, employers may have to pay fines ranging between:
$110 -$1,100 per I9 for violations of I9 requirements
$375 -$3,200 per alien for knowingly hire or continuing to employ
$3,300 - $11,000 for showing signs of a pattern or practice
Form I-9 Storage and Retention All current employees must have a Form I-9 on file.
Employers can store Forms I9 and relevant documents onsite, offsite, in a storage facility or even electronically.
In case of an official request for inspection, Forms I-9 must be available within 3 days.
Forms I-9 must be retained for 3 years after the date of hiring an employee or 1 year after employment termination, whichever is later.
Form I-9 Inspection Process Notice of Inspection(NOI) Notice of Suspect Documents
Inspect Forms I-9
Notice of Discrepancies Violations
Yes
Technical Violations
Substantive Violations
Warning Notice
No
Notice of Intent to Fine(NIF)
Compliance
Settlement
OCAHO Hearing
For more Form I-9 Compliance, visit our listed below webinars
• Webinar on I-9 Form Immigration Compliance - Is Your Company Ready for ICE?
• Webinar on Immigration Compliance – Common I-9 Violations, Common OSC Vio • Webinar on Form I-9 and E-Verify, Getting and Staying Compliant • Webinar on I-9 Compliance: Knowing What to Do and When to Do It • Webinar on How to Survive an I-9 Audit