As a responsible employer, it is critical to ensure that all employees are legally authorized to work in the United States. One of the essential documents that must be completed for each new employee is Form I-9. This form is used to verify the identity and employment eligibility of individuals hired for employment in the US. Failure to comply with these requirements can result in serious financial and legal consequences for employers.
Form I-9
Form I-9 is a two-page legal document that is used to verify the identity and work eligibility of new employees. The first page of the form is for employee information and attestation, while the second page is reserved for the employer to verify the documentation provided by the employee. The form is available for free download from the United States Citizenship and Immigration Services (USCIS) website.
Employer Responsibilities
Employers are responsible for ensuring that employees complete Form I-9 accurately and on time. The form must be completed within three days of the employee’s start date. Employers must provide employees with a list of acceptable documents to establish identity and work eligibility. The employer must then examine the documents provided by the employee to determine if they are genuine, original, and pertain to the employee presenting them.
If employees cannot provide acceptable documents or if the employer has reason to believe the documents provided are fraudulent, the employer must terminate the employee’s employment. Employers must also retain Form I-9 for each employee on file for three years after the date of hire, or one year after the date of termination, whichever is later.
Employee Responsibilities
Employees are responsible for completing Form I-9 accurately and on time. The employee must provide documentation that establishes their identity and work eligibility. Acceptable documents include a passport, permanent resident card, or driver’s license with a social security card. If an employee cannot provide acceptable documentation, they will not be authorized to work in the US.
Employees must also re-verify their employment eligibility if their work authorization expires. Failure to re-verify can result in the employer terminating the employee’s employment.
Penalties for Non-Compliance
Employers who fail to comply with Form I-9 requirements can face serious financial and legal consequences. Penalties for non-compliance range from fines of $234 to $2,332 for each violation. Repeat offenders or those who engage in a pattern of violations face even steeper fines. In addition to fines, employers who violate Form I-9 requirements could face criminal charges and even imprisonment.
Conclusion
Form I-9 is a critical document that employers must complete for each new employee to ensure they are legally authorized to work in the US. Employers must ensure that employees complete the form accurately and on time and verify the authenticity of the documentation provided. Failure to comply with Form I-9 requirements can result in serious financial and legal consequences. To avoid these penalties, it is essential for employers to understand and adhere to Form I-9 requirements.
