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If employers fail to correctly document employment eligibility, they could be subject to civil and possibly criminal penalties.
Over the past five years the U.S. Citizenship and Immigration Services has dramatically increased the number of I-9 audits it conducts by twelve percent and has been imposing large fines on many companies. According to an article in USA Today, the total amount of fines grew to nearly $13 million from $1 million, between the fiscal years 2009 and 2012.
Under federal law, every employer, no matter how big or small, must have an I-9 form on file for every employee hired after 1986.
The form I-9 provides proof that each employee is currently authorized to work in the United States. That means that they must be U.S. citizens or have valid work authorization.The form must be completed within 3 days of hiring, or the law requires that the individual be removed from payroll and cease working.
If your firm holds federal contracts or subcontracts, you are now required to use E-Verify.
An employee may provide a document that covers both employment and identity (US Passport or green card), or a document of identity (driver's license) and a document of authorized employment (social security card).
The employer must make sure form I-9 is filled out completely and kept on file at the company.Congress has recently attempted to enact legislation to make electronic verification of employment a permanent system in the United States.
Employers can now E-verify their employee’s immigration status by checking with an electronic verification database.
This system allows employers to sign up for an account on the website to electronically verify an employee's eligibility status. To learn more, click here:E-Verify
Employers are required by law to complete a Form I-9 for every employee.
The properly completed Form I-9 serves as verification that an employee is authorized to work in the United States.