I-9 Compliance

Jacobson & Han LLP
Employment Immigration Attorneys
(213) 620-0222

I-9 Employment Eligibility Verification Compliance

Form I-9, employment eligibility verification, has been in existence since the Immigration Reform and Control Act of 1996 (IRCA). All employers know that new hires must complete this form within three business days of their start date. However, the importance of Form I-9 has taken on new significance in the Department of Homeland Security's (DHS) increased raids and worksite enforcement efforts. The civil fines for paperwork violations now range from $110 to $1,100 per employee, and DHS is now increasing its use of criminal prosecutions of employers. No business, whether small or large, is safe from enforcement efforts and strict I-9 compliance is necessary for all.

Jacobson & Han LLP Offers Comprehensive I-9 Compliance Assistance For Your Business:

• Performing regular internal audits of all company I-9 Forms
• Reviewing current practices and internal compliance policy
• Ensuring company policies avoid unfair immigration-related employment practices
• Preparation of uniform new hire and processing procedures
• Creating a reminder system for I-9 reverification
• Ensure that paperwork violations are corrected 
• Setting up systems for future compliance
• Preparation for ICE/DOL Audits
• Negotiations and settlement with ICE in audit sanctions
• Ongoing Support in immigration and compliance matters

General Procedures For Employers

1. All new hires (except for independent contractors being paid and under the supervision of the contractor) must undergo I-9 verification. Internal transfers need not undergo the I-9 verification procedure nor do rehires if hired within three years of initial completion of I-9 and still eligible to work (no reverification needed).

2. I-9 must be commenced on the day the employee begins work and employee must complete Section 1 in full.

3. I-9 must be completed within three business days of commencement of employment (unless employment is for three days or less, in which case everything must be completed before employment may commence). Documents received from the employee should be checked against the list of acceptable documents to ensure that the document is valid and that it fits within the appropriate categories. If so, Section 2 of the I-9 should be completed in full.

4. If the I-9 procedure is not completed satisfactorily within the required three days, an employee should be suspended or terminated.

5. Workers who list an expiration date for employment eligibility in Section 1 must be reverified before that date. Also, some workers who do not list an expiration date must be reverified if their employment eligibility document has an expiration date.

6. For reverification, check document(s) to make sure that it evidences continuing employment eligibility.

7. Fill out Section 3 in full once documents presented for reverification show continued employment eligibility. If preferred, a new Form I-9 may be filled out for reverification, as long as Sections 1 and 3 are completed in full.

Handbook for Employers: Instructions for Completing the Form I-9