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Form I-9 Employment Eligibility

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Overview: The Immigration Reform and Control Act requires all U.S. employers to verify the employment eligibility and identity of all employees as of November 6, 1986. This includes both identity and work eligibility.

Employer Responsibility: It is the employer’s responsibility to ensure that the appropriate documentation is provided by every new employee hired after November 6th, 1986. There are stiff penalties for not being able to provide Form I-9 for all employees upon request. The employer has the right to refuse the employee to continue to work. There are certain exceptions as to who Form I-9 is applicable too such as independent contractors, employees hired from employment agencies, and employees hired before November 7, 1986.

Penalties for not compliance with Form I9:

  • Employers who fail to properly complete, retain, or make I-9 Forms available for inspection, fines range from $100 to $1,100 per individual I-9.
  • For employers who knowingly hire or knowingly continue to employ unauthorized workers, civil penalties range from $250 to $11,000 per violation.
  • For employers engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers, criminal penalties can be as much as $3,000 per unauthorized employee and/or 6 months of imprisonment.

Employee Responsibility:
  • Even though the employer is responsible for providing a newly hired employee with Form I9, the new employee must still complete Section 1 of Form I-9 by the end of the first day of work to be in compliance with the Immigration Reform and Control Act. In the event that the company is not aware of this legal requirement, it is strongly recommended that any new employee provide the employer with Form I9 to ensure that his or her new employment is in compliance in addition to give a good first impression.
  • Genuineness of work eligibility and identity documents
  • The employer must review the genuineness of the documents provided the employee.

Employers may encounter the following two scenarios:
  • A document accepted is not genuine
  • The document accepted is genuine but does not belong to the person that provided it

The employer can refuse to accept a document that does not appear to be genuine. If the prospective new employee cannot provide an acceptable document, he or she should not be allowed to continue to work. The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for United States employers to knowingly hire or continue to employ unauthorized workers. Whether the illegal employment is intentional or merely due to lack of knowledge may still lead to fines as defined by the Department of Homeland Security.

 

 

 

 

 

CLICK HERE to download the Form I9 Information Guide. Instructions and Application Forms Included.


The Form I9 Application Guide:

  • Overview of Form I9 Employment Eligibility Verification
  • Who should file Form I9
  • How to complete Form I9
  • What supporting documentation to include
  • Who is responsible for verifying the documents
  • Procedures for U.S. Citizens, Green Card Holders and individuals on temporary work visas
  • Additional information regarding Form I9
  • How to submit Form I9 to ICE or Department of Labor (if requested)
  • How employees can obtain the required documents (Green Card, Social Security Card, etc.)
  • Frequently asked questions
  • List of all USCIS (formerly INS) offices nationwide
  • List of United States Embassies and Consulates
  • Form I9 Employment Eligibility Verification
  • FREE Form I9 Application Forms

 

Form I9  




Product Type:  eBook (Download) PDF format

Delivery Time: Instant Download

 

 

More USCIS Form I-9 Information:

 

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