Employer Compliance

Under U.S. law, it is illegal for an employer to knowingly hire an employee who is not authorized to work in the U.S. This authorization is documented by having a completed I-9 form on file for each employee. For any worker who was hired after November 6, 1986, regardless of whether he or she is a U.S. citizen or noncitizen, the employer must maintain a completed I-9 on file. This form does not have to be filed with USCIS, but it must be open to inspection upon request by an appropriate Government authority.

There are a multitude of documents which can be accepted as verification of eligibility to work in the U.S., including a U.S. driver’s license or Government ID Card, along with a Social Security card or birth certificate, or a U.S. or foreign passport accompanied by the appropriate notation or supporting documentation. The employer is responsible to examine these documents and verify that it has done so. Some documents must be presented in combination with others, and the law is constantly changing regarding what type of documents may be presented for verification of eligibility, so it is wise to consult regularly with an experienced immigration attorney.

Compliance with the I-9 employment eligibility verification is no joke. The penalty for failing to obtain and maintain an I-9 for every employee includes a fine of up to $16,000 per violation. While the I-9 is itself only a one-page form, the Handbook for Employers that the USCIS prints to provide guidance on completing the I-9 correctly is 65 pages long! Moreover, employers are responsible for reverification when work authorizations expire after a given period. Don’t take chances when so much is at stake. The Lozano Law Firm can make sure you have the proper policies in place to obtain, examine, maintain and reverify all verifications as needed.