Education | Training
I-9 Compliance: What You Need to Know
By Charlie Bross, Principal, The TrainingCenter Group
In 1986, Congress passed the Immigration Reform and Control Act. The purpose of the act was to make it illegal to knowing employ unauthorized aliens. The IRCA put the responsibility on employers to maintain legal obligations when selecting and hiring employees.
After November 2006, all employers were deemed responsible for verifying the identity and eligibility for employment of all persons they hire. At this time, it became illegal to knowingly hire or continue to employ a person unauthorized to work in the United States.
The Form I-9 was created for employers to verify the eligibility of employees working with their company. Failure to properly complete an I-9, consciously hiring or continuing to employee unauthorized aliens, and providing or accepting false Social Security cards also fall under I-9 compliance laws.
Complexities
Your company can be fined up to $10,000 in fines for failure to comply with immigration laws, but you also can find yourself in trouble if you ask for too much documentation.
The IRCA's anti-discrimination provisions prohibit employers of four or more employees from discriminating against certain protected individuals (including permanent residents, temporary residents, special agricultural workers and refugees) with respect to hiring, discharging, recruiting or referring for a fee.
Considering today's heightened security and increased attention to immigration compliance, many employers share the fear of improperly documenting an I-9 form.
Missing or incomplete I-9 forms can result in fines between $600 and $800 per form, and missing forms can result in an additional fine of about $1,500 per form (though it can be as high as $10,000) for knowingly employing an ineligible person.
Here are some of the items to consider with I-9s:
• What you may and may not say to the employee in processing the I-9
• What you may and may not do in processing the I-9
• How to properly renew expiring status documentation in Section I
• How to complete Section 2 on expiring work authorization documents
• How to re-verify information or update re-hire information in Section 3
• How to properly verify employee eligibility through documentation
• How to properly correct erroneous or missing data on the I-9
• How to protect yourself and your company from violations
The bottom line is, whether you are new to hiring employees or a seasoned recruiter, you need to know how to complete the I-9 form and complementary documentation. Not knowing the proper procedure can result in high fines and violations for your company.
Available Resources
Below is a list of seminars, online courses or other resources to help you with I-9 administration and compliance:
The I-9 Compliance Kit
http://hrtrainingcenter.com/showPADetails.asp?TCID=1000140
I-9 Form Mistakes & Omissions: The Right Way to Verify I-9 Eligibility
http://hrtrainingcenter.com/showWCDetails.asp?TCID=1001437
HR Training Repros - The Employment Process
http://hrtrainingcenter.com/showPADetails.asp?TCID=1000056
Recruiting & Hiring Training & Certification Program
http://hrtrainingcenter.com/showTCDetails.asp?TCID=1000026
Charlie Bross is the principal of The TrainingCenter Group, which operates training portals for human resources, financial service, real estate, mortgage, home inspection, appraisal, health care, CPA, banking and legal professionals. Each of the TrainingCenter Web sites offers seminars, Web casts, audio conferences, podcasts, online training, books, CDs, videos and software products from hundreds of providers in each vertical. Bross can be reached via email at CBross@HRTrainingCenter.com or by phone at 770-410-7569.
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