I I-9 Audit Checklist. I-9 Reverification Memo. I-9 Audit Procedure. Endnote 1 U. Citizenship and Immigration Services. Completing section 3, reverification and rehires. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. July 24, Reuse Permissions. Page Content. IRCA prohibits an employer from: Knowingly hiring an alien who is not authorized to work. Hiring any individual without verifying identity and work authorization.
Continuing the employment of a person if the employer knows or should know that the person is not authorized to work. Knowingly forging, counterfeiting, altering or falsifying any document to satisfy any immigration-related requirement. Knowingly using, accepting or receiving any false document to satisfy any immigration-related requirement. Discriminating in hiring or firing against a citizen or an intending citizen based on national origin or citizenship status.
Intentionally requiring an employee to present any specific document or combination of documents for Form I-9 purposes. Intentionally requiring an employee to present more or different documents than are minimally required for the employment verification process.
Intentionally refusing to honor documents that reasonably appear to be genuine. Instances in which completing Form I-9 varies from the norm In a few situations, the rules stated above may be different: Reverification. If the employee's work authorization document has an expiration date, the employer must reverify the employee's right to work prior to that expiration date.
Also, when an employment authorization expiration date is provided in Section 1, employers are required to reverify employment authorization on or before the date shown.
For reverification purposes, the earlier date should be used to determine when reverification is necessary. A new Form I-9 does not need to be completed for people rehired within three years of completing a prior Form I The employer can instead update the prior Form I-9 by confirming that the employment eligibility document originally presented remains valid. If it does, the employer may merely record the rehire date in Section 3 of the form.
However, if a new version of Form I-9 has been issued, the employee must provide documents from the current list of acceptable documents and the employer must complete the current version of Form I-9 and retain it with the previously completed I Some employers find it easier to complete a new Form I-9 for all rehires. Use of agents. An employer can rely on a referral from a state employment service agency if the employer properly retains appropriate documentation of the referral certifying the employee's employment eligibility.
The employer may also delegate verification obligations to a third party or agent, but the employer is ultimately liable for compliance with verification requirements and hiring prohibitions. See As an employer, do I have to complete all the Forms I-9 myself? Retention of Form I-9 and Documents Employers must retain an employee's completed Form I-9 for as long as the individual works for the employer. Remedies and Penalties Employers must be careful not to go overboard in their employment verification practices.
It is a crime to: Bring or attempt to bring an undocumented immigrant to the United States other than through a DHS-designated port of entry. Transport or attempt to transport or move such undocumented immigrant within the United States.
Conceal, harbor or shield from detection, or attempt to conceal, harbor or shield from detection, such undocumented immigrant. Encourage or induce an undocumented immigrant to come to, enter or reside in the United States, knowing or in reckless disregard of the fact that it will violate the law. Engage in any conspiracy to commit any of the preceding acts, or aid or abet the commission of any of the preceding acts.
Knowingly hire at least 10 undocumented immigrants within a month period. Possible penalties for these violations range from five to 20 years' imprisonment. See : Form I-9 Fines Raised for ICE Planning Surge of I-9 Audits This Summer The Difference Between ICE Raids and Audits The good-faith provision of the law, which allows people committing technical or procedural failures on a Form I-9 up to 10 days to correct such failure without penalty, does not apply to a person or entity that has engaged in or is engaging in a pattern or practice of employing, recruiting or referring unauthorized workers.
Auditing and Correcting Form I-9 To ensure compliance with the law, employers must accurately complete Form I-9 at the outset. The E-Verify process includes the following steps: The employer enters the employee's information from Form I-9 into E-Verify and submits the information to create a case. E-Verify compares the information to records available to the U.
Immigration and naturalization records. State-issued driver's licenses and identity document information. Social Security Administration records. E-Verify sometimes displays a photo for the employer to compare to the photo on the employee's document to ensure that the document photo has not been altered. Additional action is required. The new law supersedes the December executive order by former Gov.
Rick Perry that required state agencies and sub-contractors to enroll in E-Verify. The new law does not require public contractors to enroll.
Some types of contracted services are exempt from this law contracts that involve underwriting, remarketing, broker-dealer activities, securities placement, investment advisory, financial advisory, or other financial or investment banking services.
Penalties: Any employer, including contractors, found to be in violation shall be debarred from entering into a contract with any state agency for up to one year.
The employer shall be released from debarment upon registration and participation in E-Verify. A contractor who fails to enroll and participate in E-Verify may be denied prequalification for contracts. The Hoquiam City Council passed a resolution that will require the use of the federal E-Verify program to verify that each employee of a contractor and sub contractor are legally authorized to work in the United States. Contractors and subcontractors doing business with Pierce County are required to use E-Verify to check the employment eligibility of all new hires, effective since February 1, Penalties: Contractors who fail to E-Verify or meet the reporting deadlines may be considered in breach of contract and be suspended from bidding on future projects for two years or until they meet the requirements.
Login to:. Client center. Mandatory E-Verify laws at city, county, and state levels This map presents an up-to-date summary of all active and proposed E-Verify laws at the city, county and state levels. Colorado Colorado laws concerning public contracts for services CRS Denver, CO As of Oct.
Hernando County, FL Contractors and subcontractors doing business with Hernando County are required to use E-Verify to check the employment eligibility of all new hires. Penalties: Possible denial of future county projects.
More Info: Executive Order , Executive Order , Legislative File , City of Bonita Springs Ordinance Georgia All Georgia public employers as well as contractors and subcontractors performing services within the state for a public employer are required to use E-Verify for all new employees.
Indiana As of July , state agencies, political subdivisions, and companies entering into or renewing public contracts must use E-Verify to confirm the work authorization of all new hires. Louisiana State contractors are prohibited from bidding or contracting for state work without first submitting an affidavit attesting that they will use E-Verify to confirm the employment eligibility of workers throughout the project. Mississippi As of , all public and private employers are required to participate in E-Verify.
Effective since March , all employers in Fremont must use E-Verify. More Info: LB and Fremont Ordinance North Carolina HB 36 Law mandates that counties, cities, and private employers with 25 or more employees must use E-Verify to confirm the work authorization of new hires. Oklahoma All public employers, contractors and subcontractors are required to participate in E-Verify and withhold income tax for independent contractors who do not have valid Social Security numbers.
Penalties: Ineligibility to receive state contracts. Pennsylvania Effective since Jan 1, , all public works contractors and subcontractors must use E-Verify to confirm employment eligibility of each new employee. Tennessee Effective January 1, , private employers with 50 or more employees under the same FEIN are required to use the federal E-Verify employment verification process.
Under the old law, private-sector employers had to choose a verification process before their newly hired employees could begin work: Use E-Verify or Request and maintain copies of identity and work authorization documents. Although not required for employers with fewer than 50 employees, using E-Verify may be helpful if an audit is conducted.
The service is free and user-friendly. Non-employees are defined as individuals who, while not employed directly, are paid directly by the employer for labor or services. E-Verify must be used only after hire and after completion of the Form I Employers may not pre-screen applicants through E-Verify.
If an employee receives an information mismatch from their Form I-9 and Social Security Administration and Department of Homeland Security databases, the employer must promptly provide the employee with information about how to challenge the information mismatch, including a written notice generated by E-Verify. If an employee decides to challenge the information mismatch, the employer must provide the person with a referral letter issued by E-Verify that contains specific instructions and contact information.
The employee must be given eight federal government work days to contact the appropriate federal agency to contest the information mismatch.
0コメント