Employers Are Facing Increasing Form I-9 Penalties

Employers are facing increasing pressure not toget fined heavily.  It is very important that each
employ illegal or undocumented workers. Companysection of the Form I-9 be completed as instructed.
management needs to recognize that hiring onlyEmployers are required to maintain a Form I-9 for all
American citizens and authorized workers is a soundcurrent employees, irrespective of their national origin
business practice.  But sometimes the details of Formor citizenship.  In addition, employers must carefully
I-9, Employment Eligibility Verification compliance can beretain these I-9 Forms in their own Form I-9 file. 
tricky.  During more than 4 decades as an immigrationKeeping the I-9 Forms in personnel files is not
attorney, I have lectured and given seminars to manyappropriate.
business associations, including hotels, restaurants, skiForm I-9 compliance is very complex .  Clerical errors
resorts, agricultural groups and construction companiesand omissions can quickly add up to considerable fines.
in an effort to give employers a better understandingAs a short test of your company's I-9 policies and
of Form I-9 compliance.procedures, can you answer the following questions?
The law requires employers to protect our national1) Who observes the prospective employee
heritage of legal immigration and to preserve jobs forcomplete Section 1 of the Form I-9?
those who are legally entitled to them.  The law also2) Who observes the prospective employee's
prohibits any discrimination on the basis of foreignphysical appearance and documents to ascertain they
appearance, language or name.  There are seriousappear to be the documents of the individual who is
civil and criminal penalties for employers who violateapplying?
the law.3) Can an applicant complete the form without
The purpose of the Form I-9 is to allow the employerincluding the social security number?
to verify the employee's identity and work eligibility4) Where do you store the date of termination?
without treating people differently because they look5) What do you do when an employee changes their
or sound foreign.  Treat all prospective employeesname for payroll purposes?
and current employees the same when trying to6) How are you storing the identity documents
comply with the Employer Sanctions Law.produced by the applicant?
Employers must be very careful to make sure theThe attorneys at Allott Immigration Law Firm are
Form I-9 is completed correctly.  Many employersexperts in Form I-9 compliance.  Don't put your
believe it is sufficient for the employee to sign the I-9company at risk by underestimating the importance of
Form and for the employer to make copies of thethe Form I-9, Employment Eligibility Verification.
identity documents presented.  This is a good way to