Employers Must Use New I-9 Form as of February 2, 2009
By: Russell Lawson. This was posted Monday, January 19th, 2009
As an immigration attorney, I spend a great deal of time working with employers to achieve Form I-9 Compliance. As of February 2, 2009, all employers must begin using the newly released I-9 form to verify the employment eligibility of all new hires.
What is an I-9 Form and why should you care?
All U.S. employers are responsible for the completion and retention of Form I-9 for each individual hired for employment in the United States, including citizens and non-citizens.
In an age when Immigration and Customs Enforcement (ICE) is ramping up audits, raids and even criminal indictments against corporations suspected of employing unauthorized workers, the ability to competently navigate the employment eligibility minefield has become utterly imperative. Many errors on forms result from inadvertent mistakes pertaining to preparation, storage, and retention that can result in civil fines, and even criminal charges. Civil fines for employers can range from $3200 (per violation) for a first offense to $16,000 (per violation) for a third or subsequent offense. All company representatives verifying employment eligibility of employees are potentially liable, both criminally and civilly, for errors in completing I-9 Forms.
Besides using the newly updated form, what can U.S. businesses do to mitigate exposure stemming from their I-9 programs? It is imperative, now more than ever, that employers implement I-9 Compliance Plans. In my next blog, I will delve further into what your I-9 Compliance Plan should include.
You can find the new I-9 form here!
Tags: employee, employer, I-9, ICE, Immigration and Customs Enforcement, R. Oliver Branch, United States Citizenship and Immigration Services, USCIS



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