In the wake of the arrest of Des Moines Public School Superintendent Ian Roberts by U.S. Immigration Customs Enforcement for allegedly being in the U.S. illegally, quite a few questions have been asked about his Form I9 Employment Eligibility Verification. Did he fill out the form or didn’t he? Was his immigration status checked before hire?
It should be noted, employers are required by federal law to fill out and keep Form I-9, Employment Eligibility Verification on file for each individual they hire. Whether onboarding your first employee or managing a workforce of hundreds, understanding the nuances of I-9 requirements is crucial.
What is the Purpose of Form I-9?
The purpose of Form I-9 is to ensure employers are only hiring people who are legally allowed to work in the U.S.
Who Must Complete Form I-9?
Both the employee and employer must complete their respective portions of the form within specific timeframes. The employee must complete Section 1 no later than their first day of work, and the employer must complete Section 2 within three business days of the employee’s start date.
What is the Purpose of Section 1 of Form I-9?
Section 1 of the I-9 must be completed by the employee on or before their first day of employment. This section asks employees if they are U.S. citizens and whether they are authorized to work in the country. An employee must fill in their:
- Name
- Address
- Date of birth
- Social Security number
- Email address
- Phone number
- Citizenship status
- Work Authorization status if applicable
Employers must ensure that employees sign their name and date the form. Any missing information could result in a violation.
What Are Common Errors in I-9 Section 1?
Frequently spotted errors of the I-9 include:
- Failure to complete Section 1
- Unchecked box for immigration status
- Lack of proper signature or date
- No full address
- Missing Social Security number
What is the Purpose of Section 2 of Form I-9?
Section 2 is the employer’s responsibility. It must be completed within three business days of a hire. Employers must:
- Examine acceptable documents that establish the employee’s identity and eligibility.
- Not accept expired documents. A receipt for a new Social Security card is an acceptable document, but the new card must be shown within 90 days.
- Fill in document title and number, issuing authority and expiration date in List A or Lists B and C.
- Fill in first date of employment.
- Certify examination of documents with signature, name of company rep and company information.
What Are the Penalties?
Penalties for incorrect or missing I-9 forms can be imposed by the U.S. Immigration and Customs Enforcement (ICE) agency. The size of penalties depends on company size and number of violations. The range of possible penalties now stands at:
- For I-9 paperwork violations, the penalties range from $281 to $2,789 for the first offense for substantive violations or uncorrected technical errors.
- For recruiting, referral, and rehiring unauthorized non-citizens violations, the penalties range from $698 to $5,579 for first offenses for each knowingly employed unauthorized worker.
- The penalties range from $5,579 to $27,894 for second and subsequent offenses.
Common Mistakes
Here are some major no-nos for employers:
- Don’t ask job applicants to fill out an I-9 until an offer of employment has been made.
- Don’t accept photocopied documents.
- Do not accept an expired document.
Should Companies Have an Immigration Compliance Policy?
Most companies will have a paragraph in their handbook about immigration compliance, but this isn’t enough. Creating an official immigration compliance policy will help you act consistently and put you in the best possible position in the event of an unexpected Notice of Inspection from ICE.
If you’re creating a policy, here are questions to answer:
- Who oversees immigration compliance?
- Does your company retain supporting documentation?
- Who oversees your Form I-9 retention policy?
- Who should be contacted in the event of an ICE Notice of Inspection?
- What is your policy for working with outside contractors?
- Do you train employer representatives on completing I-9 forms?
- Who has access to I-9 records?
- Who is in charge of re-verification procedures for employees with Employment Authorization documents?
- Is everyone aware that there is zero tolerance for the employment of individuals who cannot comply with work authorization rules?
The information and opinions expressed are for educational purposes only and are based on current practice, industry-related knowledge and business expertise. The information provided shall not be construed as legal advice, express or implied.