Employers must keep I-9 Forms for all current employees, though the I-9 forms of certain terminated employees can be destroyed. In the case of an audit from a government agency, the forms must be produced for inspection. The forms may be retained in either paper or electronic format as well as in microfilm or microfiche […]
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Since April 2005, employers have been allowed to retain I-9 forms in an electronic format. ICE issued rules setting standards for using electronic I-9s in June 2006. III. | Index | V.
Although the I-9 form, which all new hires and their employer must complete, is two pages1, there are usually an incredible number of errors, most unintentional, by employees and employers. The new form can be found at http://www.uscis.gov/i-9, and must be used for all employees hired since May 7, 2013. Additionally, it may be used […]
IRCA requires employers to have all employees hired after November 6, 1986 complete I-9 verification paperwork. The Form I-9 requirement applies to all employees including U.S. citizens and nationals. Employees who are not hired do not need to complete I-9 Forms. Employers, who selectively choose who will and will not complete I-9s, could face penalties […]
The importance of immigration compliance continues to grow as more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA) for I-9 form violations and/or hiring/employing unauthorized workers, the Immigration and Nationality Act (INA) for citizenship or national origin discrimination or document abuse, and state immigration laws. It is especially important […]
Since April 2005, employers have been allowed to retain I-9 forms in an electronic format. ICE issued rules setting standards for using electronic I-9s in June 2006. IV. | Index | VI.
I. Introduction II. What is the basis for I-9 Employment Verification? III. Who must complete an I-9 form? IV. What information is covered in the I-9 form? V. Can an I-9 form be completed electronically? VI. What are the I-9 form recordkeeping requirements? VII. What are the most common errors on I-9 forms? VIII. Self-Audit […]
This material has provided some basic education on issues involved with immigration compliance. To have a full understanding of immigration compliance, however, it is important to retain an immigration compliance attorney who can be available to assist with development of effective compliance policies, and can monitor and advise on changes in the law. IX. | […]
A written I-9 compliance policy should cover the following points: who is in charge of immigration compliance; training requirements, including how often, for those HR and other personnel who are in charge of completing the Forms I-9; a zero tolerance policy for the employment of individuals who cannot comply with IRCA’s employment verification rules; will […]
Your company should develop an immigration compliance program, including a self-audit of your I-9 forms, training for applicable management, and drafting and implementing immigration compliance policies. We recommend an I-9 audit be conducted or overseen by an immigration compliance attorney. Recently, ICE discussed the many difficulties of a company performing a self-audit and the proper […]
