Acting Deputy Director of Immigration and Customs Enforcement (ICE) Thomas D. Homan recently announced that the agency (ICE) will quadruple the number of Form I-9 on-site worksite inspections in the coming year.
If an employer receives a Notice of Inspection, ICE will request their employee records. Most importantly their Forms I-9 for each employee must be in order and remitted to ICE within three days. Failure to do so, including minor paperwork mistakes, can result in penalties. The Form I-9 is used by the The United States Citizenship and Immigration Services (USCIS) to verify the identity of individuals hired for employment in the United States. All employers in the United States are tasked with making sure their new hires have completed the document on or before the employees first day of work.
All businesses in the United States with employees hired after November 6, 1986, are responsible for ensuring that newly hired employees complete a Form I-9, regardless of citizenship.
Effective September 18, 2017, employers must begin using the revised Form I-9 (dated 7/17/17) for all newly hired employees; any previous version of the I-9 is no longer considered valid, however it is not necessary for employers to request current employees to provide a new Form I-9.
The Importance of valid Forms I-9 are that:
- By Signing the Form I-9 and providing acceptable documentation ( as noted on the From I-9 List of Acceptable Documents), an employee confirms his or her identity and that he or she is authorized to be employed in the United States. He or she presents government-issued identification to the employer, to prove his or her identity and eligibility to legally work.
- Upon presentation and verification of the acceptable document(s), the employer signs the Form I-9 attesting to the fact that the documentation appears genuine, and retains a copy of the Form I-9. Employers are required to accept whatever forms of identification prospective employees present, provided they are on the list of acceptable documents and are mandated to receive certain documents on the list ( such as a driver’s license and Social Security card).
We feel it is imperative for all of our U.S.- based employers to comply with the most recent standard and requirements for employment verification. Employers not compliant with the current Form I-9 paperwork process will be subject to civil and criminal fines ranging from $216 to $2,156 per form.