Emphasizing the Importance of I-9 Verification Amidst Heightened Immigration Enforcement

In light of increased immigration enforcement, it is imperative for employers to prioritize their I-9 verification processes. The Form I-9 is a critical component of employment eligibility verification, and compliance with its requirements is essential to avoid significant legal and financial repercussions. ? Understanding Form I-9 Requirements The Form I-9 is a mandatory document that employers must complete for each individual they hire in the United States. This form serves to verify the identity and eligibility to work in the United States of individuals hired for employment. Employers are required to ensure that the form is completed accurately and in a timely manner. ? The I-9 Process for Employees and Employers The I-9 process involves several key steps:

1. Employee Responsibilities: Upon hiring, employees must complete Section 1 of the Form I-9 no later than their first day of employment. This section requires employees to provide personal information and attest to their eligibility to work in the United States.
2. Employer Responsibilities: Employers must complete Section 2 of the Form I-9 within three business days of the employee's start date. This section involves reviewing the employee's documents that establish identity and eligibility to work in the United States. Employers must ensure that the documents appear genuine and relate to the employee presenting them.
3. Reverification: Employers are also responsible for reverifying the employment authorization of employees whose work authorization documents have expired. This is done by completing Section 3 of the Form I-9.

Retention of FormsEmployers must retain completed Form I-9s for each employee through the duration of their employment.? Once employment ends, Employers must retain completed Form I-9s for either three years after the date of hire or one year after the date employment ends, whichever is later. Proper retention and storage of these forms are crucial for compliance and for facilitating potential audits by immigration authorities.?Consequences of Non-ComplianceFailure to comply with Form I-9 requirements can result in severe penalties for employers, including substantial fines and potential criminal charges. Non-compliance may also lead to reputational damage and operational disruptions. Additionally, falsely attesting to U.S. citizenship may subject employees to penalties or removal proceedings and may adversely affect an employee's ability to seek future immigration benefits. Given the heightened focus on immigration enforcement, employers must be vigilant in their I-9 verification processes to mitigate these risks.?Ensuring ComplianceTo ensure compliance with Form I-9 requirements, employers should:

1. Conduct Regular Audits:?Periodically review I-9 forms to ensure accuracy and completeness. Identify and correct any discrepancies promptly.
2. Train Staff:?Provide training for HR personnel and others involved in the I-9 process to ensure they understand the requirements and procedures.
3. Implement a Compliance Program:?Establish a comprehensive compliance program that includes policies and procedures for I-9 verification and retention.
4. Utilize E-Verify:?Consider enrolling in E-Verify, a voluntary program that allows employers to confirm the eligibility of their employees to work in the United States.

By focusing on these strategies, employers can enhance their compliance with I-9 requirements and reduce the risk of penalties associated with non-compliance. In today's environment of increased immigration enforcement, prioritizing I-9 verification is not only a legal obligation but also a prudent business practice.?Please reach out to RPNA’s experienced attorneys should you have any questions or need any assistance navigating these complex and evolving issues.

Contact Us Today:

• Nick Roxborough: [email protected]?
• Michael B. Adreani:?[email protected]
• W. Brad Barbagallo: [email protected]?
• Phone:?? 818-992-9999

Brad Barbagallo is a Senior Attorney well versed in finding solutions to complex disputes in numerous practice areas including employment, insurance bad faith and coverage, workers’ compensation, personal injury, and general business litigation.? In addition to being an experienced trial attorney, Brad also holds the designation of Certified Information Privacy Professional with the IAPP.