04/ 02/ 2007
Why I-9 compliance is crucial to your business
You've probably read about the recent federal workplace raids that focused on identity theft among illegal immigrants and, according to U.S. Homeland Security Secretary Michael Chertoff, uncovered “massive abuse of document fraud.” While these raids focused on larger employers, small businesses should take heed: In an effort to crack down on illegal immigration, the U.S. Immigration and Customs Enforcement agency has increased the number of I-9 employer audits and investigations. Since criminal penalties range from six months in jail to 10 years in prison, it's worth your time to review the basics of I-9 compliance.
Rules to remember: First of all, what is the I-9, and who must complete it? All U.S. employers must verify the employment eligibility and identity of all employees hired to work in the United States by completing the Employment Eligibility Verification form (Form I-9), which you can download at www.uscis.gov/files/form/i-9.pdf. You must have completed forms on file for all employees, including U.S. citizens. Every employer is required to complete the I-9 for every employee, regardless of whether you've just hired your son or an applicant who walked in off the street. Don't ask all job applicants to fill out an I-9; only ask individuals whom you have hired.
You can find a list of acceptable documents that the employee is required to show on page 3 of the I-9 form. Remember, the employee—not the employer—decides which documents to show. Don't ask for specific documents such as a green card. Doing so can lead to sanctions for immigration discrimination.
You don't have to worry about whether the document is genuine or a forgery. The government doesn't expect you to become a document detective. Only accept documents, however, that reasonably appear to be genuine. If a document looks forged, refuse it and contact U.S. Citizenship and Immigration Services.
Records to keep: After your employees complete their I-9s, you aren't required to keep photocopies of the documents. If you choose to photocopy them, however, make sure to establish a consistent policy of copying documents for all employees. If you discover later that some employees are unauthorized, provide them with an opportunity to furnish acceptable documents. If they cannot, terminate employment. While you don't need to file the I-9 with the USCIS, you must keep the original on file for three years after the date of hire or for one year past the date of termination, whichever is later.
Legislation to watch: Currently, use of the federal government's online employment verification system, known as the Basic Pilot, is voluntary. It checks information in the U.S. Department of Homeland Security and Social Security Administration databases in an effort to ensure that new hires are eligible to work in the United States.
However, many states and the federal government are considering proposals that would require all employers to use the online system. Watch for future NFIB alerts on changes to the current I-9 verification system. For additional information, contact your USCIS field office, visit www.uscis.gov, call the U.S. Department of Justice's employer hotline at (800) 255-8155 or visit www.usdoj.gov/crt/osc.
Beth Gaudio is senior executive counsel with the NFIB Legal Foundation, www.NFIB.com/legal. This article is intended to provide general information for reference only and should not be considered legal advice.
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