all employees. This is the document that employees and employers must sign
within 3 days of starting employment to verify that they have the right to work
employee, 1,000 or more. The only time
you do not need an I-9 is for employees hired before
private, casual, domestic employees who work on an irregular basis. I-9 forms are confusing and filled with pieces that are
easily misunderstood. The form has a
section to be completed by the employee, specific space for listing the
documents that the employer reviews to verify employment eligibility and a
certification signed by the employer confirming that they have checked
eligibility. Whenever I complete an HR
audit I find missing or incorrect information on I-9 forms. The most common mistakes are missing dates of
hire, inconsistent information in the employee section and incorrect recording
of document specifics. Incorrect I-9s can result in administrative fines. Knowingly hiring illegal immigrants can lead
to criminal convictions. US Immigration
and Customs Enforcement (ICE) is responsible for enforcing immigration
laws. In 2007 ICE secured more than $30
million in fines as a result of workplace related enforcement. ICE has stepped up efforts to target
employers who knowingly hire illegal aliens.
Earlier this week 160 employees were arrested at a rag exporting company
practices are now under investigation.
have a large workforce, or hire few immigrant employees. ICE investigations can be triggered by an
employee complaint directly to the agency.
All it takes is one unhappy employee or disgruntled former
employee. During an investigation
employers must produce completed I-9 forms.
Agents will look for problems and while fines may not be huge an
investigation is a time consuming hassle. ICE recommends that employers use E-Verify, an
Internet-based system operated by U.S. Citizenship and Immigration Services
(USCIS) in partnership with the Social Security Administration
(SSA). E-Verify uses an automated link to federal databases to help
employers determine employment eligibility of new hires and the validity of
their Social Security numbers. I-9 forms
that have already been completed can be corrected. Training and regularly scheduled audits are also
recommended by ICE. Are you confused yet?
It’s not hard when you face this maze of information. I wrote the content for AHI’s Complete I-9 Compliance Kit and can
report that figuring out how many colors green cards can come in was only part
of the headache. I will be providing
step by step guidance on the topic in a live web conference on July 8th,
I-9 Compliance Audit 2008: How to Avoid
Form I-9 and Document Verification Mistakes.
Sign up for the conference, get your questions answered and avoid a