Form I-9: Employment Eligibility Verification

Make sure you understand the requirements with the new I-9 Form to ensure accuracy with employment eligibility verification.

With immigration reform on hold and the President's Executive Orders being challenged in the courts, employers may find themselves becoming lax. Immigration compliance and monitoring may not seem like a priority. Considering that Immigration and Customs Enforcement (ICE) continues to audit Form I-9s and fine noncompliant companies and DOJ's Office of Special Counsel is still very much focused on addressing immigration related abuses, companies need to remain diligent in ensuring compliance.

The Immigration Reform and Control Act of 1986 requires that employers verify the identity and work eligibility of all newly-hired employees. The Form I-9 is provided by the federal government for that purpose. Every employee must complete a Form I-9 when the individual is hired, with the Form I-9. The government also provides a voluntary employee eligibility system called E-Verify that U.S. employers should be familiar with. But how do companies truly comply, let alone monitor compliance? What are the deadlines for completing the Form I-9? What happens if the employee does not provide the needed documentation on time? Can we take too much documentation? How do you know if a document is valid? Is the employer responsible if the form is not filled in correctly, and can ICE fine us if we have a 100% legal workforce?

Learning Objectives

• You will be able to identify what you need to know about the Form-9.
• You will be able to recognize red flags and potential risk scenarios.
• You will be able to describe remote hires and contract workers.
• You will be able to discuss your company's responsibilities with respect to employment eligibility verification.