I9 Compliance includes Small Business Too
General Purpose
Employers large and small are responsible for the completion and retention of I-9 Forms for all employees, regardless of citizenship or national origin, hired for employment in the United States. An employee is defined as any individual compensated for services or labor by an employer.
For whom is an I-9 Form Necessary?
Employees hired on or before November 6, 1986, and continuously employed by the same employer; Individuals performing casual employment who provide domestic service in a private home that is sporadic, irregular or
Intermittent; Independent contractors and workers provided to employers by individuals or entities providing contract services, such as temporary agencies (in such cases, the contracting party is the employer for Form I-9 purposes).
Retention of I-9 Form
An employer must retain the I-9 form for each employee either for three (3) years after the date of hire or for one (1) year after employment is terminated, whichever is later. All current employees must have I-9 forms on file with the employer.
Upon request, all I-9 forms subject to the retention requirement must be made available to an authorized official of the Department of Homeland Security, Department of Labor, and/or the Office of Special Counsel for Unfair Immigration-Related Employment Practices for the Department of Justice.
Missing I-9 Forms
An employer who discovers that the I-9 form is not on file for a given employee should request that the employee complete the I-9 immediately and submit documentation as required. The new form should be dated when completed-- never post-dated. When an employee does not provide acceptable documentation, the employer must terminate employment or risk being subject to penalties for “knowingly” continuing to employ an unauthorized worker if the individual is not in fact authorized to work.
Discovering an Unauthorized Employee
An employer who discovers that an employee has been working without authorization should re-verify work authorization by allowing the employee another opportunity to present acceptable documentation and complete a new I-9 Form. The employee usually has 72 hours to provide proof of eligibility. However, employers should be aware that, if they know that an employee is unauthorized to work in the United States, is subject to serious penalties for “knowingly continuing to employ” an unauthorized worker. These penalties are from the hundreds up to the thousand dollar range.
Successive Employers and Reorganizations
Employers that acquire a business as a result of a corporate reorganization, merger, or sale of stock or assets, and retain the predecessor’s employees are not required to complete new I-9 Forms for those employees and instead may choose to rely on the I-9 forms completed by the predecessor employer if the employees are continuing in employment, and they have a reasonable expectation of employment at all times. However, the successor employer will be held responsible if the predecessor’s I-9 Form is deficient or defective. Employers may provide an explanatory annotation as to why the I-9 Form was not completed on a timely basis.
Take Note:
An employer is not permitted under the law to contract for the labor of an individual whom he knows is not authorized for employment. Employers who violate this prohibition may be subject to civil and criminal penalties. Employers are not permitted to request more or different documents than are required or to refuse to honor documents tendered that reasonably appear to be genuine and to relate to the individual presenting the document.
Source-US Department of Homeland Security—
Mz LV on I9 Compliance
I9 Compliance includes Small Businesses Too - To learn more about this author, visit Lu Vorise Dahlman's Website.
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