Avoiding I-9 Fines by Complying Now

Posted on: in [ Human Resources Management ]

Avoiding I-9 Fines by Complying Now

Did you know you could get fined for each error, on each Form I-9 Form? Depending on the number of employees in your organization, this can be expensive!

In present political standing, immigration is a huge topic around the world. With the upcoming, 2020 presidential election, it will get even bigger. The Immigration Reform and Control Act (IRCA) of 1986 was signed into law by former President Ronald Reagan in an effort to do two things: verify the identity of and to ensure the eligibility of employment of new employees. Notice that the IRCA does not mandate that an employee is a United States citizen.

What is a Form I-9?

The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States.

Who needs to complete the Form I-9?

Any employer with 1+ employee must have each person hired complete the Form I-9 immediately! The employer has three business days to validate and complete the document. 

What is the risk of non-compliance?

Not complying with these regulations can lead to civil fines and/or criminal penalties, debarment from government contracts, a hiring mandate for those found to be discriminated against in the hiring process, and possible back pay for the length of time that individual may have been employed. This is scary stuff!

Who enforces compliance?

The Immigration Reform and Control Act (IRCA) is enforced by the Immigration Customs Enforcement (ICE). Their focus has moved in the direction of workplace investigations of employers’ Form I-9 documents.

What does this mean?

Employers should check to make sure all Form I-9’s are collected and properly completed and maintained correctly for each employee.

How do you avoid any penalties?

           What if I haven’t completed any Form I-9 documentation?

·        We’re here to help! By calling an HR Consultant, we can help you start and clean up the necessary information to avoid as many fines as possible. We operate outside of Immigration Custom Enforcement (ICE) and maintain the highest degree of confidentiality and care.

           How do I know if my Form I-9 documents are correct?

·        It’s a good idea to periodically have a professional review your current Form I-9 documents for errors. Many of these errors can be corrected; however, some of them cannot. At Skywalk Group, we have a certified team trained to make the necessary corrections, when possible. Without proper training, it is not advised for employers to be making corrections to their current Form I-9 records if they catch an error.

           What is Form I-9 documentation best practice?

·        Get your completed I-9 documents stamped with approval and logged into the Department of Homeland Security database. E-Verify was created as a free service in 1996 and is, as of now, considered best practice rather than a legal requirement. This further ensures the employer is doing their due diligence to comply with the IRCA. If you do not have an account, create one or contact an HR Consultant so we can help!

Immigration is a hot topic around the world, and with the current political climate it will continue to be a major focus. It is more important than ever to ensure your Form I-9’s are completed correctly.

How do I get started?

To contact a certified Human Resources Consultant, contact Samantha Rogers, SHRM-SCP, PHR at [email protected].

Where can I find more information?

For more information on the Form I-9, you may visit the US Citizenship and Immigration Services (CIS) website: https://www.uscis.gov/i-9. For more information about E-Verify, you may visit the official website by the Department of Homeland Security and USCIS: https://www.e-verify.gov/