Topics:
Form I-9 Compliance for Small Businesses
Form I-9 Compliance for Small Businesses
February 16, 2023
Form I-9 Compliance for Small Businesses
- Training and informing your staff to ensure their competency in immigration compliance
- Maintaining records and keeping I-9 forms on file for all employees and ensure they are stored securely. I-9 forms must be retained for either three years after the employee’s hire date or one year after the employee’s termination date, whichever is later.
- Conduct periodic audits of your I-9 forms to ensure that they are completed accurately and up to date. You can read ICE’s Guidance for Employers Conducting Internal Employment Eligibility Verification Forms I-9 Audits here.
- Consider utilizing E-Verify. E-Verify is a free online service that allows employers to verify an employee’s eligibility to work in the United States.
Remote Verification of I9 Forms due to COVID-19
In 2020, the Department of Homeland Security (DHS) implemented a proposed rule to allow for remote verification of I-9 forms. The U.S. citizenship and Immigration Services (USCIS) issued the following guidelines for remote verifications of I-9 forms that includes the following:- Employers should set up a video conference with the new hire and ensure that both parties have access to a reliable internet connection and a working camera.
- The new hire must present their identification and work authorization documents to the employer during the video conference. The employer must be able to inspect the documents and confirm that they are genuine and belong to the new hire.
- The employer should document the remote verification process, including the date of the video conference, the identity and work authorization documents presented by the new hire, and any other relevant details.
- Employers must complete the Form I-9 process within three business days of the new hire’s start date, as usual. If the employer is unable to complete the process due to COVID-19, they should document the reasons for the delay and ensure that the process is completed as soon as possible.
ICE Audits
Compliance with immigration laws and I-9 forms is crucial for small business owners to avoid legal issues and financial penalties, and failure to do so can open your business to a costly audit from The U.S. Immigration and Customs Enforcement (ICE). During an ICE audit, ICE agents may request copies of I-9 forms and supporting documentation for all employees. They may also conduct on-site inspections to verify the information provided on the forms and to ensure that the employer is complying with U.S. immigration laws. If ICE finds that an employer has violated immigration laws, they may impose penalties and fines, require the employer to terminate the employment of unauthorized workers, or even initiate criminal proceedings. ICE audits can be triggered by various factors, including tips from whistleblowers or other government agencies, previous immigration-related violations, random inspections, and more. Employers should not hesitate to seek professional help and hire an immigration lawyer or consultant to help you understand and comply with immigration laws and regulations. If facing an ICE audit, it is definitely best to seek legal counsel. For additional questions or information on I9 and immigration compliance, you can email info@nfib.org.
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